The territory of the Tribe is defined in Article I, Section 1 of the Constitution.
Pursuant to Article IV, Section 3 of the Constitution, the Tribal Council is authorized to define the boundaries of the northern area and the southern area for the purpose of electing Area Council members as provided in Article IV, Section 3 of the Constitution. Pursuant to Article V(a) of the Constitution, the Tribal Council is authorized to represent the Tribe and act in all matters that concern the welfare of the Tribe, and to make decisions not inconsistent with or contrary to the Constitution Pursuant to Article V(m) of the Constitution, the Tribal Council is authorized to regulate all matters and to take all actions necessary to preserve and safeguard the health, safety, welfare and political integrity of the Tribe. Pursuant to Article VIII, Section 14, the Tribal Council is required to enact an election ordinance consistent with the Constitution which covers all necessary procedures for all elections.
This Article II is intended to provide the necessary clarification for the term “territory” as it is defined in Article I, Section 1 of the Constitution for all purposes related to Tribal elections, including, but not limited to,
(a) for determining the residency eligibility of all candidates for seats on the Tribal Council as required by Article VI, Sections 2, 3 and 4 of the Constitution;
(b) for determining whether Tribal Council Members continue to meet the residency requirements as required by Article IV, Section 5 of the Constitution; and
(c) for determining the residency eligibility of voters in Tribal elections pursuant to Article VIII, Section 7 of the Constitution.
The northern area shall include the areas in and around Navajo Mountain, White Misa and Blanding, Utah; and in and around Paiute Canyon, Arizona.
The southern area shall include the areas in and around Rough Rock Point, Hidden Springs, Willow Springs, Tuba City and Cow Springs, Arizona.
The Candidate and Voter Eligibility Map contained in the Appendix to this Ordinance (Form L) shall be used by the Election Board to determine the 150 mile radius for candidate and voter eligibility in all Tribal Elections. Pursuant to Article IV, Section 3 of the Constitution, Northern Council Members must be residents of the Northern Area and Southern Council Members must be residents of the Southern Area as defined in Sections 5 and 6 of this Article II. Pursuant to Article IV, Sections 2 and 4 and Article VII, Section 7 of the Constitution, the President, Vice-President, At-Large Council Member and voters in Tribal elections must reside within the territory or within one-hundred fifty (150) miles of the territory of the Tribe.
[Legislative History: Enacted by Resolution No. 97-12, 3/19/1997; Amended by Resolution No. 2019-50, 4/5/2019]
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