ARTICLE 12 CHALLENGES TO ELECTION; ENFORCEMENT

§ 1201 Challenges to Election Prior to Election Day

A. Any Tribal Member may petition the Tribal Court for review of an election matter arising under the Constitution or Election Ordinance in accordance with the procedural requirements of the Tribal Court.

B. The Tribal Court shall have the authority and jurisdiction to decide cases relating to election matters which arise prior to election day.

C. Any appeal from a final Tribal Court decision in an election case under this section shall be appealed within five (5) calendar days of the Tribal Court decision.

D. Election matters shall be expedited by the Tribal Court and Court of Appeals and shall take precedence over all other matters before the Tribal Court and Court of Appeals. To the extent reasonably possible, the Tribal Court and Court of Appeals shall resolve election matters prior to election day.

E. The Tribal Court shall have the authority to order an election deadline to be reset by the Election Board if the Tribal Court finds that it is necessary for the conduct of a full and fair election.

F. The Tribal Court shall have the authority and jurisdiction to judicially monitor an election upon a finding by the Tribal Court that such monitoring is reasonably necessary for the completion of a full and fair election.

[Legislative History: Enacted by Resolution No. 2019-162, 12/18/2019]

§ 1202 Challenges to the Election Results

A. Any Tribal Member may challenge the election results by filing the challenge in Tribal Court within five (5) calendar days after the election in accordance with the procedural requirements of the Tribal Court.

B. The Tribal Court shall hear and decide all elections challenges within ten (10) days from the date the challenge is filed.

C. The person challenging the election results shall prove by clear and convincing evidence that the Election Board violated the Constitution, the Election Ordinance, or otherwise conducted an unfair election and that the outcome of the election would have been different.

D. Any appeals from the Tribal Court decision shall be filed with the Court of Appeals within five (5) days of the issuance of the Tribal Court decision, and the Court of Appeals shall decide the appeal within ten (10) days. If the Tribal Court or Court of Appeals invalidates the election results, a new election shall be held within sixty (60) days.

E. Any issues not decided by the Court of Appeals and remanded to the Tribal Court shall be heard and decided within ten (10) days from the date of the Court of Appeals decision.

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

§ 1203 Tribal Court Enforcement

The Tribal Court shall have the authority and jurisdiction to require the Election Board to comply with the requirements of this Election Ordinance and may hold an Election Board Member in contempt of court and assess a monetary penalty to any Election Board Member who refuses to comply with the orders of the Tribal Court.

[Legislative History: Enacted by Resolution No. 2019-162, 12/18/2019]

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