ARTICLE 14 RECALL OF TRIBAL COUNCIL MEMBERS

§ 1401 Recall Proceedings

A. Recall proceedings shall be conducted in accordance with Article IX, Section 2 of the Constitution, and shall be administered by the Election Board.

B. Any adult tribal member may initiate recall proceedings against any Tribal Council Member by filing a written request with the Election Board, provided, that a recall proceeding may not be initiated against any Tribal Council Member whose term expires within six (6) months.

C. A Council Member recalled from office must wait at least five (5) years from the official date of the Recall election or the date of the final tribal court order affirming the results of the Recall election, whichever is later.

[Legislative History: Enacted by Resolution No. 97-12, 3/19/1997; Amendment and Restatement by Resolution No. 2019-162, 12/18/2019; Amended by Resolution No. 2024-080, to add subsection (C), 09/10/2024]

§ 1402 Recall Petitions

A. After receipt of the written request, the Election Board shall issue the Official Recall Petition similar to Form H, to the tribal member(s) who initiated the recall. The tribal member(s) shall have sixty (60) days to collect the signatures from thirty percent (30%) of the eligible voters of the Tribe.

B. Individual Official Recall Petitions shall be circulated for each Tribal Council Member who is subject to recall. A maximum of three (3) Tribal Council Members may be recalled at one time.

C. Each eligible voter of the Tribe shall have the right, exercisable freely and without restraint or coercion of any kind, to sign a recall petition.

D. Completed Official Recall Petitions shall be submitted to the Election Board.

E. The Election Board shall verify the signatures on an Official Recall Petition within ten (10) days of receipt of such Petition.

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

§ 1403 Recall Meeting

A. If the tribal member(s) seeking recall has collected the required number of signatures in the allotted time, then the Election Board shall hold a recall meeting within sixty (60) days of the receipt of the Petition.

B. The Election Board shall mail the Notice of Recall Meeting similar to Form I in the Appendix to this Election Ordinance to eligible tribal voters at least thirty (30) days prior to the recall meeting. The Notice of Recall Meeting shall include the date, time and location of the meeting, and time by which the eligible voters must arrive at the meeting in order to be able to vote on the Petition.

C. At the recall meeting, the person initiating the recall and the person subject to recall shall be given a reasonable opportunity to speak and present evidence at the recall meeting. The Election Board may also allow other eligible voters to speak at the recall meeting.

D. All eligible voters who arrive at the recall meeting by the time specified in the notice, shall be given the opportunity to vote for or against the recall. The recall shall pass if at least thirty (30%) of all eligible voters actually appear and vote at the recall meeting and if a majority of those voting vote for the recall.

1. The voting at the recall meeting shall be by secret written ballot. The voting procedure shall be the same as that set forth in Article 10, Section 1003 and Section 1008 of this Election Ordinance.

2. After all eligible voters who arrived at the meeting by the specified time have had the opportunity to vote, the Election Board shall count the votes. The procedure for counting the votes shall be the same as set forth in Article 10, Sections 1005 through 1007 of this Election Ordinance.

3. The Election Board shall certify the result of the recall vote on the Certificate of Recall Results similar to Form J in the Appendix to this Election Ordinance. The Certificate of Recall Results shall be signed by each member of the Election Board.

E. The provisions of Article 12 of this Election Ordinance for challenges and enforcement for election matters shall also apply to recall proceedings.

[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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