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Law & Order Code of  The San Juan Southern Paiute Tribe

Title 4 Chapter 1

ARTICLE III ELECTION BOARD

ARTICLE III ELECTION BOARD
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§ 301 Appointment of Election Board

A. Pursuant to Article VIII, Section 4 of the Constitution, the Tribal Council shall appoint an Election Board to conduct all elections.

B. The Tribal Council shall appoint five (5) persons who are at least 18 years of age to serve on the Election Board, as follows:

1. One tribal member from the Northern Area;

2. One tribal member from the Southern Area;

3. One tribal member age 55 or older;

4. One tribal member between the ages of 35 and 54; and

5. One tribal member between the ages of 18 and 34,

C. Election Board Members shall not be eligible to run for a seat on the Tribal Council.

D. All terms for Election Board seats shall be four (4) years and shall be staggered as follows:

Seat Current Appointment Term All Future Terms

Northern Area 4/5/2019 – 7/4/2021 7/5/2021 and every 4 years thereafter

Southern Area 7/5/2016 – 7/4/2020 7/5/2020 and every 4 years thereafter

55 years or older 7/5/2016 – 7/4/2020 7/5/2020 and every 4 years thereafter

Between 35 and 54 12/16/2015 – 12/15/2019 12/16/2019 and every 4 years thereafter

Between 18 and 34 4/5/2019 – 12/15/2022 12/16/2022 and every 4 years thereafter

E. In the event an Election Board Member resigns, is removed in accordance with subsection (G) below, or is no longer serving as an Election Board Member for any reason, the Tribal Council shall appoint a new Election Board Member to serve out the term of office of the previous Election Board Member.

F. The failure of the Tribal Council to appoint a person to a seat on the Election Board on or before the expiration of an Election Board term shall not extend the term of office of any person appointed to that seat and the term for each seat shall strictly conform to the dates provided in subsection (D) above.

G. By majority vote of the Tribal Council, any member of the Election Board may be removed for good cause provided that the Election Board Member in question is informed of the grounds for removal and given an opportunity to respond to the charges. Good cause may include, but not be limited to, missing three (3) consecutive meetings of the Election Board, failing to cooperate with other Election Board Members to carry out the duties of the Election Board, or engaging in conduct that is harmful to the overall integrity of the election process or interfering with the ability of the Election Board to fulfill its duties.

[Legislative History: Enacted by Resolution No. 97-12, 3/19/1997; Amended by Resolution No. 2015-06-05-003 to add Subsection (e), 6/6/2015; Amended by Resolution No. 2019-43 to rescind prior existing Subsection (e), 3/6/2019; Amended by Resolution No. 2019-49, 4/5/2019; Amendment and Restatement by Resolution No. 2019-162, 12/18/2019]

§ 302 Duties and Responsibilities of the Election Board

The Election Board shall have the following duties and responsibilities:

A. The Election Board shall uphold and adhere to the terms of the Constitution and this Election Ordinance to the best of its abilities.

B. The Election Board shall substantially follow the Checklist of Election Board Duties in Form A in the Appendix to this Ordinance.

C. The Election Board shall conduct all elections in a fair and impartial manner. It shall maintain a neutral and impartial position on all election activities.

D. Promptly act to declare the winners of elections and swear in new Tribal Council Members as soon as legally permitted by the Constitution and this Election Ordinance.

E. No member of the Election Board may actively campaign for the nomination, election or recall of any elected official.

F. The Election Board shall ensure that all elections run smoothly and that order is maintained at all times at the polling place and at all other Election Board activities. For this purpose, the Election Board is authorized to hire up to two (2) clerks, two (2) poll workers, two (2) security workers, and others as reasonably necessary and within the Tribal Council approved annual budget for the Election Board, for all election-related activities.

G. The Election Board shall ensure that all records relating to past and current elections are securely maintained within the designated Election Board Office at the Tribal Administration Office. Unless necessary for the conduct of the election, election records shall not be removed from the Election Board Office by any person or Election Board Member.

H. The Election Board shall ensure that adequate office hours are maintained by the Election Board and at least one member of the Election Board shall be present during such office hours. Office hours of the Election Board shall, at minimum, be posted in the lobby of the Tribal Administration Office.

I. Election Board Members shall abide by all Tribal laws and policies, including, but not limited to, any Code of Ethics or Code of Conduct adopted by the Tribe that is applicable to the Election Board.

[Legislative History: Enacted by Resolution No. 97-12, 3/19/1997; Amended by Resolution No. 2019-49, 4/5/2019; Amendment and Restatement by Resolution No. 2019-162, 12/18/2019]

NOTICE and DISCLAIMER

This online version of the San Juan Southern Paiute Tribe Law & Order Code is maintained by the San Juan Southern Paiute Tribe. Pursuant to Tribal Council Resolution No. 2018-21, the Law & Order Code is to be posted and maintained on the Tribe’s website at all times and the Tribal Administration and General Counsel are responsible for posting newly enacted or amended laws to the Tribe’s website within thirty (30) days of their passages into law. If you have any questions regarding the version of the Code posted on this website or need to confirm that it is the most current version, please contact the Tribal Administration or the Tribe’s General Counsel.
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