ARTICLE 10 ELECTION PROCEDURES

§ 1001 Close of Voting

Any voter in line at the polling place before the close of voting at 6:00 p.m. shall be allowed to vote.

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

§ 1002 No Electioneering at Polling Place

Electioneering shall be prohibited within fifty (50) feet of the polling place.

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

§ 1003 Method of Voting

A. When a voter arrives to the polling place on election day, the Election Board shall check off the voter’s name on the list of eligible voters.  Each voter shall place his or her signature next to his or her name on the list of eligible voters.

B. Each eligible voter shall vote in privacy by placing a mark in ink opposite the name of the candidate for whom he is voting. The voter shall deposit his or her Official Ballot into the ballot box or automated electronic system. The voter may only vote for one candidate for each vacant seat.

C. The Election Board or a poll worker may assist a voter in voting by any reasonable means necessary, provided that the voter requests such assistance. Under no circumstances should any Election Board Member or poll worker attempt to persuade or otherwise influence the choice of a voter.

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

§ 1004 Spoiled Ballots

If a voter spoils his or her Official Ballot, the Election Board may issue another Official Ballot to the voter, provided that the voter has not already cast his or her ballot. The Election Board shall secure all spoiled ballots.

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

§ 1005 Counting Ballots

A. Immediately after the close of the polling and after the last voter has voted, the Election Board shall count the Official Ballots.

B. The Election Board shall count, or cause to be counted by automated electronic system, the votes as marked on the Official Ballots. All votes shall be counted provided that the Election Board or automated electronic system can determine the choice(s) the voter has made.

C. The tallying of the votes shall be open for public observation, but the public must remain at a reasonable distance from the Election Board. The public must remain quiet and in no way interfere with the orderly tallying of the ballots.

D. At the end of the tally, the Election Board shall determine the total votes cast for each candidate or issue. These results shall be written down or printed on the Certificate of Election Results similar to Form G in the Appendix to this Ordinance. The Certificate of Election Results shall be signed by each member of the Election Board. The Election Board shall post the Certificate of Election Results at the polling place. The Certificate of Election Results shall be the declaration of the winners of the seats by the Election Board or the determination by the Election Board of the election issue, as applicable.

E. After the Election Board has certified the election results, the Election Board shall keep the Election Records which shall include the counted ballots, the unused ballots, and the spoiled or rejected ballots, if any. The Election Board shall keep the Election Records for at least one (1) year.

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

§ 1006 Rejected Ballots

A. If, during the tallying of the votes, the Election Board or automated electronic system is unable to determine from the ballot the choice(s) of the voter, the ballot shall be rejected.

B. If the Election Board or automated electronic system can determine one or more of the choices of the voter, but cannot determine all of the choices of the voter, the Election Board shall count the choices which can be determined.

C. The Election Board shall keep all rejected ballots in a separate location.

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

§ 1007 Recounts

The Election Board may, in its sole discretion, call for a recount of the ballots. The Tribal Court may also order the Election Board to conduct a recount of the ballots.

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

§ 1008 Other Matters Decided by the Election Board

Any other election matters not specifically addressed in this Ordinance shall be decided by the Election Board. The decision of the Election Board shall be final.

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

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