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Additions received to code: 2006
194.010 - General
The purpose of this ordinance is to provide fair, uniform and efficient tribal elections pursuant to Article V of the Constitution of the Coquille Indian Tribe.
194.100 - Time of Election For Tribal Council Positions
The Constitution of the Coquille Indian Tribe, Article V, Section 2, requires that elections for tribal council positions be held during the third week of October each year.
194.120 - Election Board
1. Appointment and Qualifications
(A) All elections shall be administered by the Election Board. The Election Board shall consist of three (3) members and two (2) alternates selected from the tribal membership. The Election Board shall be appointed by the Tribal Council. The Tribal Council shall appoint the Election Board at its first meeting following the General Council nomination meeting.
(B) Members of the Election Board must be enrolled members of the Coquille Indian Tribe. Election Board members shall be 18 years of age or older. No person shall be appointed to the Election Board if (1) she or he is a candidate, (2) his/her immediate family member is a candidate, or (3) she/he nominated a candidate for office at the General Council meeting at which nominations were made.
(C) Immediate family member means: parent, child, sibling, spouse or member of a candidate's household.
(D) Members of the Election Board must resign from the Board prior to the General Council meeting for nominations if she/he wishes to nominate a person for Tribal Council office at the General Council meeting.
(E) Persons nominated for a position on the Election Board shall be notified in writing by the Tribal Council Secretary that they have been nominated. Nominees who wish to decline the nomination must send a letter of declination to the Tribal Council Secretary within five (5) working days of the General Council nomination meeting.
2. Term in Office
Election Board members shall serve a one (1) year term and may be re-appointed for additional terms.
3. Duties of Election Board
(A) Oath:
Upon accepting the appointment, each member of the Election Board shall sign an oath that states that she or he will serve according to the best of her or his ability and shall make every effort to prevent fraud or abuse of the election process. The oath shall become part of the election records.
(B) The duties of the Election Board shall include:
(1) Conducting and supervising tribal elections;
(2) Developing and making available a form nomination letter at the General Council meeting for nominations;
(3) Facilitating publication of candidates' statements in tribal newsletter prior to the election;
(4) Compiling and distributing a Tribal election voters' pamphlet to be distributed to voting tribal members on or before September 15th of each year;
(5) Preparing numbered ballots that accurately reflect the candidates and the issues for election;
(6) Ensuring that an updated roll of tribal members is available for the election;
(7) Mailing numbered ballots to all tribal members eligible to vote in election;
(8) Receiving, counting and tabulating the numbered ballots at the close of voting, pursuant to 194.150 of this ordinance;
(9) Deciding questions of eligibility to vote and ensuring that numbered ballots are distributed only to qualified voters;
(10) Ensuring adequate poll book and other record-keeping procedures are followed which will provide sufficient information to determine the validity of the election;
(11) Reviewing and investigating any claims of irregularity regarding the election and making findings as to the validity or invalidity of any claims of irregularity;
(12) Requiring that a new election be held if they determine that a irregularity affected the outcome of the election;
(13) Interpreting ballots carefully and truthfully to voters who are unable to read or who request assistance;
(14) Reporting to the Tribal Council the results of the election and reporting any complaint of irregularity and determination arising from such complaint;
(15) Certifying the results of the election;(16) Retaining all numbered ballots including numbered spoiled ballots in a sealed container and under lock and key for one year from the date of each election, as evidence to be used in any election dispute; and,
(17) Monitoring the polling place on election day.
(18) Compiling a list of General Council member phone numbers for nominees for Tribal Council positions as provided in this Ordinance.
4. Removal:
The Tribal Council may remove a member of the Election Board who fails to perform the duties set forth in this ordinance by a majority vote of the Council members.
5. Vacancies on the Election Board
Any vacancy on the Election Board shall be filled by the alternatives selected by the Tribal Council.
6. Rulemaking
(A) Rulemaking Authority:
(1) The Election Board shall have the authority to make and enforce such rules as they find necessary to provide for fair and efficient elections under this ordinance. Rules promulgated by the Election Board shall be in writing and shall be adopted by a majority vote of the Board.
(2) The Election Board shall submit any rule that it promulgates for an election to the Tribal Council along with a written explanation for the need of the rule. The Tribal Council may choose to use this information for the purpose of amending this ordinance to include that rule.
(B) General Rules
In addition to any such rules promulgated by the Election Board pursuant to its authority under this ordinance, the Board will abide by these general rules in the conduct of the election:
(1) The Board will count ballots cast in an election on the day of the election at the Coquille Tribal Headquarters.
(2) An Election watcher from the United States Bureau of Indian Affairs or its designated delegate must be present to monitor vote counting at all tribal elections held under this ordinance.
(3) No person will be allowed to loiter in the tabulation area in which the Board is counting ballots.
(4) One member of the Coquille Indian Election Board must be present at the location of the ballot box at all times on Election Day. The Election Board may not count ballots unless three (3 ) Board members are present.
(5) Except as authorized by Tribal law, the Election Board may not publish or release a list of voters who voted in a particular election in order to protect the privacy of individual tribal members.
7. Tribal Member Directory
At any time, the Tribal Administration will assist the Elections Board to compile a list of all then current General Council names and phone numbers. Prior to each regular election, the Election Board will give General Council members the opportunity to request that their names and / or phone numbers be deleted from this list. Requests for deletion from the list will be honored if made in writing and signed by the General Council member requesting deletion. Upon request, the Elections Board will provide copies of the most current list to candidates nominated for election to Tribal Council.
194.130 - Candidates
1. Qualifications
Any enrolled member of the Coquille Tribe who will be (18) eighteen years of age or older on the date of the election is qualified to be a candidate for tribal office.
2. Nominations
(A) The General Council shall hold a meeting at least five weeks prior to election day to nominate candidates for the election. The Chairperson of the Tribal Council shall chair the General Council meeting. Only adult members of the General Council may nominate candidates for tribal office. Nominations for tribal office will be made from the floor at the General Council meeting. A General Council member who plans to nominate a candidate must be present to do so. The person nominated need not be present. The nomination will only be valid if the General Council member who nominated the candidate or the nominee provides the Election Board with a letter of nomination of the nominee by the end of the General Council meeting at which the nomination is made. The Election Board will have a form letter of nomination available at the General Council meeting.
(B) The Election Board will review the qualifications of the candidates and will contact all nominees as soon as possible after the General Council nomination meeting to determine whether the nominees wish to accept the nomination. Any nominee wishing to decline the nominations must send a declination letter to Election Board postmarked within five (5) working days of the meeting.
3. Write-in Candidates
Write-in candidates shall be allowed for Tribal Council elections. The Election Board shall ensure that the ballots provided will provide space for write-in candidates for each position.
194.140 - Qualification of Voters
1. Eligible Voters
Any enrolled member of the Coquille Tribe who will be (18) eighteen years of age or older on the date of the election shall have the right to vote in that election.
2. No Registration
Voters shall not be required to register to vote.
3. Voter List
The Tribal Enrollment staff shall be responsible for maintaining and updating the addresses of qualified tribal voters. The Tribal Enrollment Staff shall provide the most current mailing list of qualified voters to the Election Board, no later than five(5) weeks prior to any scheduled election. The Election Board shall keep an up-to-date poll book with the voters listed in alphabetical order or as nearly as possible.
194.150 - Conduct of the Election
1. Ballots and Voter's Packets
(A) The Election Board shall prepare all ballots and voter's packets for all Tribal elections except for any election for recall of a member of the Tribal Council.
(B) The ballots for Tribal Council election shall have the names of the candidates for each office listed in alphabetical order. The ballots shall have a space for write-in candidates for each office. The ballot shall contain the following instructions:You may vote for one candidate for the office of . Place an X by the name of each person for whom you wish to vote. You may not give any candidate more than one vote. If you vote for more than the correct number of candidates for any position, your vote for that position will not be counted.
If you make an error on the ballot or want to change your vote, you may (1) make the correction on the ballot as clearly as possible so it can be determined by the Election Board for whom the vote was intended or (2) return the mis-marked ballot to the Election Board for a new ballot.
Be sure to sign and print your name on the back of your return envelope. Your ballot will not be counted if you do not sign the envelope.
If you need assistance, the Election Board members will help you.
(C) Ballots for the referendum or initiatives will clearly state the question presented and that a yes or no vote is required on the issue. In addition to the statement of the question presented, the ballot shall also contain the following instruction:
You may vote either yes or no on the referendum or initiative. A yes vote means that you support the referendum/initiative. A no vote means that you do not support the referendum/initiative. Place an X by either yes or no. A voter cannot vote both yes or no on the issue.
If you make an error on the ballot or want to change your vote, you may (1) make the correction on the ballot as clearly as possible so it can be determined by the Election Board for whom the vote was intended or (2) return the mismarked ballot to the Election Board for a new ballot.
Be sure to sign and print your name on the back of your return envelope. Your ballot will not be counted if you do not sign the envelope.
(D) Ballots for recall of a Tribal Council member will clearly state the name of the Tribal Council member whose recall is sought. Additionally each official ballot shall contain the following instructions:
You may either vote yes or no on the recall of (Insert council member whose recall is being sought) from the Tribal Council. If you vote yes, it means that you support the recall petition and that you believe that the Tribal Council member should be removed from office. If you vote no, it means that you do not support the recall petition and that you do not want the Tribal Council member removed from office.Please place an X by either the Yes or No space. You may not vote more than once. If you mark both spaces, your ballot will be marked spoiled and your vote will not be counted.
If you make a mistake or cross out a vote, return your ballot to the Election Board member who is distributing the official ballots and get a new one. Do not destroy the mismarked ballot.
After you have received and marked your ballots, you must place it in the ballot box. Before you put the ballot into the box, a member of the Election Board will verify your eligibility to vote, mark that you have voted on the voter's list and watch you place your ballot into the ballot box. If you attempt to turn in more than one ballot, all the ballots that you turn in will be marked as spoiled by the Election Board and they shall not be counted.
1) Sample Ballot
Ballot #
Should (insert council member's name) be recalled?
YES
NO(E) The ballots shall be printed in black on white paper and clearly marked as official ballots.
(F) The Election Board shall determine and record the total number of ballots to be printed for each election in the poll book.
(G) The Election Board may include sample ballots for voters. Sample ballots must be printed on colored paper and shall clearly be labeled "sample ballot". If a sample ballot is placed in the ballot box, it shall not be counted. The packets will also include instructions for casting the ballots including the purpose of the election, pertinent dates for return of the ballots and instructions for voting.
(H) Voter's packets shall include the official ballot, an inner secrecy envelope, marked "Ballot" and self-addressed stamped envelope which has the voter's return address, a line to print the voter's name and a line for voter's signature on the back of the envelop. It may also include sample ballots.
2. Polling Place and Hours
The polling place shall be open from 8:00 a.m. to 12:00 p.m. on Election Day at the Coquille Tribal Headquarters. At least one member of the Election Board shall be at the polling place at all times on Election Day. No candidate or proponent of an initiative or referendum shall be present or in the proximity of the polling place except to cast his or her ballot. No one shall be permitted to campaign or electioneer at the Coquille Tribal Headquarters on Election Day.
3. Casting Ballots
(A) The Election Board shall mail official ballots and voter's pamphlets to all eligible tribal members no later than fifteen (15 ) days prior to Election Day. The Election Board shall keep a poll book in which they docket the names of the eligible voters and the date that the ballots were mailed to the voters.
(B) Voters may cast their ballots in person by depositing the completed ballot envelope in the ballot box at the polling place at the Coquille Tribal Headquarters during normal tribal office hours from the time of the receipt of the ballots until 12:00 p.m. on Election Day. Voters may also cast their vote by mailing the completed ballot to the Coquille Tribal Headquarters.
(C) Ballots may not be cast by facsimile (fax) machine or via email.
(D) Ballots that are cast by mail must be received at the Coquille Tribal Headquarters by 12:00 p.m. on Election Day. Ballots that are received later than 12:00 p.m. on Election Day are spoiled ballots and shall not be counted. The Election Board shall note in the poll book any ballots received after 12:00 p.m. on Election Day and keep these ballots in the spoiled ballot container.
(E) Ballots that are cast by mailing to the Tribal Headquarters shall be placed in a secured box upon their receipt at the Tribal Headquarters. A designated tribal staff person shall stamp the date the ballot is received on the outer ballot envelope, docket the receipt of the ballot in the poll book and deposit the ballot in the secured box. No one shall have access to this ballot box except the members of the Election Board; provided that all members of the Election Board shall be present when the ballot box is opened. To cast a ballot, each voter shall mark the ballot and place it in the inner envelope and seal it. If the voter makes an error on the ballot or wants to change a vote, the voter may (1) make the correction on the ballot as clearly as possible so it can be determined by the Election Board for whom the vote was intended or (2) return the mismarked ballot to the Election Board for a new ballot.
(F) The voter shall place the ballot in the inner envelope and seal the inner secrecy envelope. The voter then shall place the secrecy envelope in the return envelope and sign the back of the envelope.
(G) If the voter is unable to mark the ballot or sign his/her signature, the voter may direct someone to mark the ballot for him/her and sign the envelope provided that the voter mark the signature line with an X and the person attests to the mark; for example, "X, mark of John Doe witnessed by Jane Doe."
(H) All ballots cast must have the voter's name printed and voter's signature on the return envelope. Ballots that are unsigned are spoiled ballots and shall be placed in the spoiled ballot box and shall not be counted.
(I) Spoiled ballots shall be placed in separate container clearly marked "spoiled ballots".
(J) The Election Board shall record in the poll book by each eligible voter's name whether his or her ballot was cast by mail or in person. The Election Board shall also note in the poll book any spoiled ballots. All return envelopes with ballots received by the Election Board shall be deposited in the appropriate box for in person deposit, mail in ballots and spoiled ballots.
4. Counting Ballots
(A) The Election Board shall have an independent Election Watcher from the Bureau of Indian Affairs or its delegate be present at the vote count, tally, certification and any recount of the votes.
(B) All ballots received shall be counted by the members of the Election Board after the polls have closed on Election Day. All members of the Election Board and Election Watcher must be present to count the ballots and any recounts of the ballots. The ballot boxes shall be opened with all members of the Election Board members. The Election Board shall examine all return envelopes to determine whether any ballots are spoiled because of lack of signature or printed name. The Election Board will remove the inner secrecy envelopes from the return envelope for counting of the ballots. The Election Board shall keep the return envelopes as part of the record of the election.
(C) The members of the Election Board shall remove the ballots from the inner secrecy envelopes and count the ballots and votes for each candidate or initiative or referendum.
(D) The Election Board shall count and record in the poll book: the total number of ballots cast; the total number of valid ballots cast by personal delivery; the total number of ballots casts by mail; and the total number of spoiled ballots cast by personal delivery; and the total number of spoiled ballots cast by mail and certify the number of valid votes received for each candidate or each initiative or referendum in the poll book.
5. Certification
(A) After the Election Board has counted and tallied all ballots received in person or by mail, and tallied the votes for each candidate or initiative or referendum, the Election Board shall prepare a certification of the results of the election which shall be signed by the members of the Election Board and the Election Watcher from the Bureau of Indian Affairs. The Election Board shall include the following information in the certification:
(1) The total number of ballots cast;
(2) The total number of spoiled ballots which were eliminated;
(3) The total number of valid ballots;
(4) The number of votes cast for each Tribal Council office, including the
number of write-ins votes or the number of votes cast in support of or rejecting the initiative or referendum;(5) The name of the person elected to each position; and,
(6) The number of votes cast for each candidate.
(B) The Election Board shall make public its certification of the results of the election. The Election Board shall post the results at the Coquille Tribal Headquarters, and publish in the Tribal newsletter. The Election Board will notify candidates of the election results as within seventy-two ( 72 ) hours of the close of the polls on Election Day.
194.160 - Contesting Election Results
1. Who May Challenge Election Results
Only a candidate can challenge the results of the vote on her/his position by filing a written complaint with the Election Board.
2. Time for Filing Challenge
A candidate who wishes to challenge the election results on his/her position must file a written complaint with the Election Board within five (5) working days of the certification of the election results. The challenge must be made in writing and be mailed or hand delivered to the Election Board at Coquille Tribal Headquarters by 5:00 p.m. on the fifth working day. The challenge must state that it is a challenge to the election results and must state the basis for the claim.
3. Procedure
(A) The Election Board shall meet to consider the challenge as soon as possible after it is received. The Board shall make its findings in writing and shall make them within fifteen days following certification of the election. The Board shall make its findings on the claim by a majority vote of the members of the Board. If the Election Board determines that a new election should be held, they shall specify in the findings which position(s) is/are affected by the claim. They shall also state in the findings which position(s) should be included in the new election.
(B) The Election Board shall forward the request for a new election to the Tribal Council in writing to the Tribal Council and state which position(s) is/are subject to the new election. The Tribal Council must set a new election day on the affected positions within five (5) weeks of the Election Board's written notification of the need for a new election.
(C) The Election Board will serve a copy of its written findings and conclusions on the complainant by certified mail.
4. Appeal
(A) If the candidate who filed the challenge disagrees with the final decision of the Election Board on his/her challenge, the candidate may file an appeal with the Tribal Court. Only the candidate who filed the challenge may appeal the Election Board's final decision to the Tribal Court.
(B) The candidate must file the appeal with the Tribal Court within ten (10) days of notification of the Election Board's decision. The appeal must be denied by the Tribal Court if it is not filed within ten (10) days of the Election Board's decision.
(C) The Tribal Court shall apply the standard of arbitrary and capricious in its evaluation of a decision of the Election Board appealed under this section.
(D) In evaluating the petition, the Court may consider evidence offered by the complaint and Election Board without strictly complying with the rules of evidence. The Court shall consider evidence offered if the Court deems it to be relevant and truthful.
(E) Except as provided under this section, the provisions of Chapter 610 (Tribal Court), and Chapter 620 (Rules of Civil Procedure) apply to any appeal filed under this section.
194.170 - Complaints
1. Who May File a Complaint?
A tribal member who is eligible to vote in a tribal election may file a complaint regarding the conduct of the election.
2. Procedure
(A) An eligible voting tribal member may file a written complaint regarding the conduct of the election the Election Board. If the complaint is filed after the nomination but prior to Election Day, the Election Board shall meet within twenty four hours (24) to consider the claim of complaint and shall issue its written findings regarding the complaint within forty eight (48) hours of that meeting. If the complaint is filed on or after election day, the Board shall make its findings in writing and shall make them within fifteen (15) days following certification of the election. The Election Board may meet with the person who filed the complaint as part of its deliberations to determine potential resolution of the complaint.
(B) The Board shall make its findings on the claim by a majority vote of the members of the Board. If the Election Board determines that a new election should be held, they shall specify in the findings which position(s) is/are effected by the complaint. The Board shall also state in the findings which position(s) should be included in the new election.
(C) The Board shall notify in writing to the Tribal Council that a new election must be held and state which position(s) is/are subject to the new election. The Tribal Council must set a new election day for the affected positions within five (5) weeks of the Election Board's written notification.
(D) The Election Board will serve a copy of its written findings and conclusions on the complainant by certified mail.
3. Appeal
(A) If the complainant disagrees with the final decision of the Election Board, the complainant may file an appeal with the Tribal Court.
(B) The complainant must file the appeal with the Tribal Court within ten (10) days of notification of the Election Board's decision. The appeal must be denied by the Tribal Court if it is not filed within ten (10) days of the Election Board's decision.
(C) The Tribal Court shall apply the standard of arbitrary and capricious in its evaluation of a decision of the Election Board appealed under this section.
(D) In evaluating the petition filed by the complainant, the Court may consider evidence offered by the complainant and Election Board without strictly complying with the rules of evidence. The Court shall consider evidence offered if the Court deems it to be relevant and truthful.
(E) Except as provided under this section, the provisions of Chapter 610 (Tribal Court) and Chapter 620 (Rules of Civil Procedure) apply to any appeal filed under this section.
194.180 - Recount
If the margin of victory for a position is within 2% of the total votes cast for that position, the Election Board shall automatically recount the votes for that position to verify the results.
194.190 - Recall Election
1. Standard for Recall
A member of the Tribal Council may only be removed from office under the recall provision of the Tribal Constitution, Article IV, Section 3 by a 2/3 majority vote provided that at least thirty percent (30%) of qualified tribal members vote in the recall election.
2. Procedure For Recall
(A) A member of the General Council may submit a petition for recall of a Tribal Council member who is guilty of improper conduct or gross neglect of duties to the Tribal Council. The Tribal Council will then submit the petition to Election Board for review and verification of the requirements set forth in CITC 194.190(4) and (6). Upon verification, the Election Board shall notify the Tribal Council that a special General Council meeting for the purpose of holding a recall election on the recall petition must be held. Upon receipt of the notification from the Election Board, the Tribal Council shall set a special election conducted according to the provisions of this Ordinance to consider the recall of the Tribal Council member(s) named in the recall petition. The Council shall set the recall election within thirty (30) days of the verification of the petition by the Election Board; provided that if the recall petition is submitted within six (6) months of the annual Council election, the Tribal Council may direct that the matter be placed on the ballot for that election.
(B) The Election Board shall send written notice of the recall election to each member of the General Council.
(C) The recall election shall be held within thirty (30) days of the verification of the petition by the Election Board, or shall coincide with an annual election as provided in this subsection 194.190(2). The accused Tribal Council member shall be given an opportunity to reply to any and all charges at the recall election for the purpose of a recall election.
(D) The accused Tribal Council member and the proponent of the recall shall have equal time at the recall election to make presentations regarding their respective positions to the members of the General Council at that gathering prior to the vote.
3. Basis for Recall
A recall of the Tribal Council member must be based upon gross neglect of duties to the Tribal Council or improper conduct by the member. For purposes of this section, "improper conduct" shall consist of conviction of any felony in any jurisdiction within the United States, or any act involving substantial dishonesty committed while acting as a tribal official. For purposes of this section, "gross neglect of duty" shall consist of failure to perform the duties set forth in the Constitution of the Coquille Indian Tribe.
4. Contents of Recall Petition
(A) Recall petitions shall contain the following:
(1) The name of the person whose recall is sought; and,
(2) A brief statement of the basis for the recall including when appropriate, dates, places and times of alleged misconduct; and,
(3) Signatures of one third (1/3) of the eligible voters of the General Council, including their addresses and the date on which they signed the petition.
5. Notice
(A) Upon receipt of a recall petition, the Election Board shall personally deliver or mail by certified mail, a copy of the recall petition to the tribal council member whose recall is sought.
(B) The Election Board shall send notice of the special General Council meeting to all members of the General Council.
6. Verification
The Election Board shall verify recall petitions by certifying that the names and signatures which appear on such petitions total at least one-third (1/3) of the General Council members entitled to vote, that each person has signed said recall petition only once, that the names on the recall petition are the names of tribal members entitled to vote pursuant to Section 194.140.1 and that the individuals who have signed the recall petition are listed on the tribal voters list prepared pursuant to Section 194.140.3 of this ordinance.
7. Procedure For Recall Election at General Council Meeting
(A) No proxy or absentee voting shall be permitted at the special General Council meeting called pursuant to Section 194.190 of this ordinance.
(B) The Tribal Council Chairperson shall preside at the General Council meeting on the recall petition provided that she or he is not the Council member subject to the recall petition. If the Chair cannot preside at the General Council meeting, the Tribal Council Vice Chair shall preside at the meeting.
8. The proponent of the recall shall have an opportunity to make a presentation regarding the basis of the recall to the General Council at the General Council meeting prior to the vote on the recall. The Tribal Council member subject to the recall shall have an opportunity to make a presentation in response to the allegations of the recall petition to the General Council at the General Council meeting prior to the vote on the recall.
(A) Unless the General Council members attending the recall election vote otherwise, the proponent and the Tribal Council member shall have thirty (30) minutes to make their presentation.
(B) During each speaker's presentation, no one may interrupt the speaker and the speaker may choose to allow other members of the General Council to speak on their behalf. In the event that a speaker permits another member to speak, no additional time shall be added to that speaker's allotted time.
9. Procedure for Vote on the recall:
The Election Board shall prepare an official ballot for the recall. Each official ballot shall contain the following instructions:
You may either vote yes or no on the recall of (Insert council member whose recall is being sought) from the Tribal Council. If you vote yes, it means that you support the recall petition and that you believe that the Tribal Council member should be removed from office. If you vote no, it means that you do not support the recall petition and that you do not want the Tribal Council member removed from office.Please place an X by either the Yes or No space. You may not vote more than once. If you mark both spaces, your ballot will be marked spoiled and your vote will not be counted.
If you make a mistake or cross out a vote, return your ballot to the Election Board member who is distributing the official ballots and get a new one. Do not destroy the mismarked ballot.
After you have received and marked your ballots, you must place it in the ballot box. Before you put the ballot into the box, a member of the Election Board will verify your eligibility to vote, mark that you have voted on the voter's list and watch you place your ballot into the ballot box. If you attempt to turn in more than one ballot, all the ballots that you turn in will be marked as spoiled by the Election Board and they shall not be counted.
Sample Ballot
Ballot #
Should (insert council member's name) be recalled?
YES
NO
10. The Election Board shall:
(A) Prior to the General Council meeting, designate one member of the Election Board to distribute the official ballots to each eligible voter at the special meeting and designate one member of the Election Board to monitor the ballot box at the General Council meeting to ensure that the ballots are properly cast and the voter's list is maintained.
(B) At the General Council meeting, the Election Board shall require each member intending to cast a ballot sign a ledger which shall be used to verify that the person is an eligible voter. The ledger shall become a part of the official record of the vote and shall be kept with the ballots for a period of one (1) year after such election.
(C) At the General Council meeting, the Election Board member designated to distribute the ballots shall give one ballot to each eligible voter at that meeting. This member shall keep an accurate count of the number of ballots distributed and shall enter this number into the election poll book.
(D) At the General Council meeting, the Election Board member designated to receive the ballots shall ensure that each person only casts one ballot and mark on the voter's list the name of each member who casts a ballot.
(E) After the ballots which were distributed have been cast, the Election Board shall retire to another room to tally the vote. In tallying the vote, the Board shall:
(i) First count the total number of ballots in the ballot box and then count the number of spoiled ballots and verify that the total number of ballots collected at the General Council meeting matches the number of ballots that were distributed at the meeting. If the number of ballots collected and the number of ballots distributed do not match, the Election Board shall declare the election void and set another General Council meeting thirty days hence to conduct another vote on the recall petition;
(ii) If the total number of ballots distributed at the General Council meeting and the total number of ballots collected at the General Council meeting match, the Election Board shall count the ballots and mark the results in the poll book and prepare a certificate of the results and announce the results as provided pursuant to 194.150 (5) of this ordinance.
11. Dispute Resolution of Recall Elections
(A) Any challenges to a recall election is subject to the procedures set forth in Section 194.160 of this ordinance provided that only a Council member who has been recalled may contest the results of the recall election. The proponents of a recall whose efforts have failed to recall a Council member may not contest the results of the recall election.
(B) If the result of vote on the recall result in a member of the Council being recalled from office, the position vacated will be filled pursuant to the provisions of Article VI, Section 5 of the Coquille Tribal Constitution.
194.200 - Severability
If a court of competent jurisdiction finds any provision of this ordinance to be invalid or illegal under applicable tribal and or federal law, such provision shall be severed from this ordinance and the remainder of this ordinance shall remain in full force and effect.
194.300 - Sovereign Immunity
Nothing in this Ordinance waives the sovereign immunity of the Coquille Indian Tribe, or any of its officers, employees, board members, representatives or agents.
Coquille
Indian Tribe
Approved September 8, 1989
Revised August 10, 1994
Amended April 23, 2005
Adopted June 9, 2005