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THE MINNESOTA CHIPPEWA TRIBE
ELECTION ORDINANCE
(Revised 12/14/2017)


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ELECTION ORDINANCES AMENDMENTS
December 14, 2017
Change
Page Section
Order on Ballot
8 1.3(F).
Each Band governing body shall prepare a list of duly certified
candidates for each position. The order of placement on the ballot shall
be determined by lottery. The lottery shall be performed in public. Ifa
candidate is the incumbent for the position, the word (“Incumbent”) shall
appear on the ballot after the candidate’s name. The list of duly certified
candidates and the order of placement on the ballot shall then be
submitted to the Tribal Executive Committee.
The Band governing body shall establish a work schedule sufficient for
11 1.7(A).
the Board to fulfill its duties.
14 2.1(A)(1).
Removed language and added language.
Election for Band Governing Body positions may be conducted by using
an automated ballot tabulating system that meets the standards in
Section 2.2. when a Band governing body chooses not to use an
automated ballot tabulating system.


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MINNESOTA CHIPPEWA TRIBE
ELECTION ORDINANCE
As Amended to December 14, 2017
Contents
Table of
Page
Chapter I: Candidates and Voting.............ccccssccscccccccccsccevvcssccccscscccssncscccsoes |
Section 1.1 Primary Elections...................ccccccccccsceeccccceecccsssecsesssesecs I
Section 1.2
Elections: Scheduling and Announcements....................eceeeees 1
1.2(A) Regular Elections..............cccecescescesceeceneeeeeseeseesenes 1
1.2(B) Special Elections. ...........cccecececeseseeenceesceceeeeeesaeacees 2
1.2(C) “Run-Off? Elections ..........cccceccececenceceeeeeeeeneeaeaencnss 3
Candidates for Office.............cccecececececececeeeeeersceceeeeenesesees 3
Section 1.3
1.3(A) Eligibility....... 0c ceeceeeeeeeeeeee 3
1.3(B) Reservation Definition.............cccceseseeeeeeeseececeeseneees 3
1.3(C) Filing of Notice of Candidacy............ccececeseecesceeeeenees 4
1.3(D) Ineligibility by Reason of Criminal Conviction............... 6
1.3(E) Write-in Candidates............cccececssesceceesseeceeseeeesenecs 8
1.3(F) Order on Ballots........ccccececesseceseseeeereeeeneeseeenceeeeeees 8
Section 1.4
Districts and Polling Places................cccsscscecececeeeeeeesceeeuees 8
Section 1.5
Election Notice.............cccccccecececeeeeeseeeeneeeerececsasaeeenenes 9
1.5(A) Regular Elections without an Associated Primary............ 9
1.5(B) Regular Elections with an Associated Primary................ 9
1.5(C) Special Elections..............ccceccecesceneesceceeeeeaeeneeseesens 9
Section 1.6
Voter Eligibility......... 0c ecceceeceseeeteeeeeeesesensoneneaes 10
1.6(A) Judging Qualifications. ............cccceceeceeeeceeeneeneeeneenens 10
1.6(B) Eligibility to Vote: Generally.......... 10
1.6(C) Eligibility to Vote: Absentee...............cceeceeeeeeeeeseeees 10
Section 1.7
Reservation Election Boards and Election Contest Judges........... 11
1.7(A) General Reservation Election Board.................sceeeeeees 11
1.7(B) District Election Board.........cccceescecececeeeeeceeeeeaeaeaee 11
1.7(C) Vacancy on Election Boards..............ecceceeeeeeeeeeseseees 12
1.7(D) Reservation Election Contest Judge..........ccececeeeceeeeeees 12
1.7(E) Restrictions and Removal............cescseeeeeeeceneeceneeeenens 12
Cost of Election 1.0.0.0... cece cece ceeeeeteeneeeneeeeneneeeneeeneneees 12
Section 1.8


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Section 1.9
Counting of Days.............ceccecececscecscnceeeseesseececeeasneeseeenecs 13
Section 1.10
Beginning of New Terms................ccccessecencesecsceeeneeeceseeenes 13
1.10(A) Action by a Band governing body...............:ceceeeeeeees 13
1.10(B) In the Absence of Action by a Band governing body...... 13
Conduct of Elections................ccccecceseeceeseesoneneeecesenseesceeeesenseaes 14
Chapter II:
Section2.1
Election Security Measures................ccccccec 14
2.1(A) Storage and Distribution of Voting Materials................. 14
2.1(B) Security in Voting eee eeeeneeeeneeneees 16
Section 2.2
Voting Procedures.................. 16
2.2(A) Voting at Polling Place............ccccescscceeceeceeeerenseneeees 16
2.2(B) Absentee Ballot Voting Procedures.............ceeceeeeeeeeeees 18
Section 2.3
Counting of Votes...............ccccecccececeeeceeseenceesenseseeeeesenenes 20
2.3(A) The Tally... ceccccceccceceeesesceseeeeeeneeenene 20
2.3(B) Observing the Tally..............ccccccescececcereceereceereeecees 21
2.3(C) Rejection of Ballots..............cccccececseeececeeceeeeencesenecs 21
2.3(D) Close of Tally ............ccccccscecsscvececcsecccscesssscsseesees 21
2.3(E) Counting the Absentee Ballots...............cccessseeeeeeeeeeee 21
Section2.4
Certification and Posting of the Election Results................0c0s00 22
Chapter III:
Recounts, Contests, and Appeals....................ccccccceceesceeeeeseeeeeenes 22
Section 3.1
Recounts of Ballots.............cccc 22
Section 3.2 Election Contest to Reservation Election Contest Judge.................. 23
3.2(A) Contest of Primary, Regular or Special Elections................ 23
3.2(B) Rules and Procedures for Contests to the Reservation
Election Contest Judge............ccscccscsssssccccscscceseceeseeeeeeseveee OO
Section 3.3 Appeal of Reservation Election Contest Judge Decision............. 25
Section 3.4 Tribal Election Court of Appeals.................. ccc eccceeeeeeeseeeeenee 29
3.4(A) Organization of the Court..............cc cece eee eeeeeeseeeseseee 29
3.4(B) Jurisdictional Limitations; Band Decision; No New Trial... 25
3.4(C) Procedure..........cccecescece 26
ii


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MINNESOTA CHIPPEWA TRIBE
ELECTION ORDINANCE
As Amended on December 14, 2017
CANDIDATES AND VOTING
CHAPTER I:
Section 1.1
Primary Elections.
In the event only two candidates are certified for an office, there will be no
1.1(A).
Primary Election for that position. If more than two persons are certified
under this Ordinance as candidates for any one office in either a Regular
or Special Election, there must be a Primary Election (“Primary”) prior to
the Regular or Special Election. The General Reservation Election Board
will certify the two candidates with the most votes in the Primary for the
office at issue as the only candidates in the Regular or Special Election.
The candidate with the most votes in the Regular or Special Election will
be the winning candidate and will be entitled to assume the duties of
office.
1.1(B).
The purpose of Primaries will be to determine two candidates for the
Regular or Special Election, unless a candidate receives more than one-
half (1/2) of the votes counted for that position in the Primary Election in
which case that candidate will be the winning candidate. If two candidates
tie with the greatest number of votes in a Primary Election, they will
advance as the only two candidates in the Regular or Special Election. If
two candidates tie with the second greatest number of votes in a Primary,
the General Reservation Election Board will conduct a Recount within 24
hours. If the Recount results in a tie, the candidate advancing to the
General or Special election (as contestant with the candidate receiving the
highest number of votes) will be determined by lot. The General
Reservation Election Board will draw the lots within twenty-four (24)
hours after the Recount in a forum accessible to Reservation voters.
Section 1.2
Elections: Scheduling and Announcements.
Regular Elections.
1.2(A).
1.2(A)(1). The Tribal Executive Committee will set the second
Tuesday in June of even numbered years for Regular
Elections.
1.2(A)(2). The Tribal Executive Committee will set the tenth Tuesday
prior to the Regular Election date as the date for Primary
Elections, if a Primary is required under this Ordinance.


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The Tribal Executive Committee shall approve an Election
Calendar establishing the dates of events required by this
Ordinance.
Not less than one-hundred and thirty-four (134) days prior
1.2(A)(3).
to the date of Regular Elections the Tribal Executive
Committee will prepare the Election Announcement of
each Regular Election and its associated Primary. Each
Band governing body* will post the Announcements at
locations designated by such Band on its respective
Reservation on the day of, or following, receipt of the
Announcement, or by one-hundred and thirty-four days
prior to the date of the Regular Elections, whichever comes
later.
Reservation Business Committee, Reservation Tribal Council,
*“Band governing body” means a
Tribal Executive Committee as the lawful governing body of a
or other entity recognized by the
constituent Band of the Minnesota
Chippewa Tribe.
Elections.
1.2(B). Special
If a vacancy due to death, removal, or resignation occurs on
1.2(B)(1).
the Band governing body more than 365 days before the
next scheduled Primary Election, the Band governing body
must call a Special Election to fill such vacancy. The
Special Election will be held within one-hundred and forty-
one (141) days after the date the vacancy occurs. A
Primary Election, if required under this Ordinance, will be
held at least sixty (60) days before the date of the Special
Election.
If a vacancy due to death, removal, or resignation occurs on
1.2(B)(2).
the Band governing body less than 365 days, but more than
180 days, before the next scheduled Primary Election, the
Band governing body may call a Special Election, or
appoint a person who is qualified to serve under Section 1.3
to fill the vacancy and serve until the next Regular Election
is held and the successful candidate is seated. If a Special
Election is called, it will be held within one-hundred and
forty-one (141) days after the date the vacancy occurs. A
Primary Election, if required under this Ordinance, will be
held at least sixty (60) days before the date of the Special
Election.
If a vacancy due to death, removal, or resignation occurs on
1.2(B)(3).
the Band governing body less than 180 days before the next


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scheduled Primary Election, the Band governing body may
appoint a person who is qualified to serve under Section 1.3
to fill the vacancy, or leave the vacancy unfilled until the
next scheduled Primary Election.
1.2(B)(4). Whenever a Special Election is called the Band governing
body shall, within ten (10) days after the date the vacancy
occurs, prepare an Election Announcement and Election
Calendar and post it at locations designated by it.
“Run-Off’ Elections
1.2(C).
In case of a tie vote in a Regular or Special Election the General
Reservation Election Board will perform a Recount within 24 hours. If
the Recount results in a tie, a “Run-Off” election will be held within sixty
(60) days following the deadline for determining contests and appeals of
such elections.
Candidates for Office.
Section 1.3.
Eligibility.
1.3(A).
A candidate for office must: (1) be an enrolled member of the Tribe; (2) be
enrolled with the Reservation of his/her candidacy; (3) reside on the
Reservation of his/her candidacy and enrollment; and (4) meet the
requirements of Article IV, Section 4 of the Constitution, as set forth in
Section 1.3(D). A candidate for Committeeperson to represent a district
established pursuant to Section 1.4(A), below, must reside in the district of
his/her candidacy and enrollment. Requirements (1), (2) and (3) must be
met for at least the twelve-month period immediately preceding the date
established for the Primary election. No member of the Tribe will be
eligible to hold office, either as a Committeeperson or Officer, unless he
or she will reach his/her twenty-first (21st) birthday on or before the date
of the Primary or Special Election. A candidate may file for only one (1)
position.
Reservation Definition.
1.3(B).
A Reservation is defined as all lands within the exterior boundaries of the
reservation. A Band governing body, by official action, may define
“reservation” to include specified lands outside the boundaries of the
reservation, as may be defined by treaty, statute, executive order, or other
document considered sufficient authority by the Band governing body,
including all lands considered Indian Country under the governmental
authority of that Reservation.


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Notice of Candidacy.
1.3(C). Filing of
For Regular Elections, eligible candidates must file their
1.3(C)(1).
notice of candidacy for Chairperson, Secretary/Treasurer,
or Committeeperson, with the Secretary/Treasurer of the
Band governing body or his/her designee beginning on the
next business day after the Tribal Executive Committee
prepares the election announcement. The filing period
shall end not less than ten (10) days after it begins.
For Special elections, eligible candidates must file their
1.3(C)(2).
notice of candidacy for such offices beginning the next
business day after the Band governing body prepares and
posts the election announcement. The filing period shall
end not less than ten (10) days after it begins.
The Notice of Candidacy must be in writing, include the
1.3(C)(3).
Candidate’s physical (residence) address, have the original
signature of the candidate, comply with the requirements of
Section 1.3(D), below, and be filed by the candidate in
person. A filing fee will accompany each notice of
candidacy. The amount of the fee will be Thirty Dollars
($30.00) for Officers (Chairperson, Secretary/Treasurer)
and Fifteen Dollars ($15.00) for Committeeperson. An
incomplete Notice of Candidacy shall be rejected by the
Secretary/Treasurer of the Band governing body or his/her
designee.
Each Band governing body will certify eligible candidates
1.3(C)(4).
for office in accordance with the Minnesota Chippewa
Tribe Constitution, the Minnesota Chippewa Tribe Election
Ordinance and the dates and guidelines established for
Minnesota Chippewa Tribe elections. Within twenty-one
(21) days after the filing deadline the Band governing body
must notify the Tribal Executive Committee of the eligible
and ineligible candidates and the position for which they
have filed. Certification decisions must adhere to the
requirements of the Constitution and this Ordinance. The
Band governing body shall make its certification decision
based on all information available at the time for
determination including information provided by the person
who filed the Notice of Candidacy.
If a candidate fails to submit a complete Notice of
1.3(C)(5)
Candidacy, Certification of Eligibility, or Authorization


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and Consent to Disclosure during the filing period, the
Band governing body shall not certify the candidate as
eligible for office.
1.3(C)(6)
Any person who has filed a complete Notice of Candidacy
has standing to challenge the certification or non-
certification of a person who has filed a Notice of
Candidacy for the same position. Any challenge of such a
decision must be filed with the Executive Director of the
Minnesota Chippewa Tribe or a person designated in
writing by the Executive Director by 4:30 p.m. on the
second business day following receipt by the Tribal
Executive Committee of the notice of certification or non-
certification. Any challenge must state the reason(s) why
the decision of the Band governing body did not comply
with the requirements of the Constitution. Immediately
upon receipt of a challenge, the Executive Director or
designee shall: (1) notify the Band governing body of the
challenge and advise it that a complete record of all
documents related to the challenge determination must be
submitted to the Executive Director on the next business
day; and (2) notify the Tribal Election Court of Appeals
a any
that challenge has been filed. Notwithstanding
provision of this Ordinance, the Tribal Election Court of
Appeals shall convene and within twenty-four (24) hours of
said notice decide the issue of certification or non-
certification based on the record provided by the Band
governing body. The Tribal Election Court of Appeals may
convene by telephone conference. The decision of the
Tribal Election Court of Appeals must be in writing and
signed by the Chief Judge. The decision of the Tribal
Election Court of Appeals shall be final.
1.3(C)(7). If a member serving in any position on an existing Band
governing body, and whose term does not end with the
current election, desires to file for a different office on that
Committee, he/she may do so. However, at least fifteen
(15) days prior to the day that the Election Announcement
is posted pursuant to Section 1.2(A)(3), such member will
file with the Band governing body or its designee and serve
upon each of its other members a notice of resignation from
that member’s current position. Said resignation shall be
irrevocable upon certification of the tribal member who has
resigned as a candidate, and will be effective upon the
successful candidate’s assumption of authority of the
position for which such member has filed.


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In the event another incumbent member desires to file for
1.3(C)(8).
the office for which a notice of resignation has been filed
and served, he/she must file and serve a notice of
resignation at least three (3) days prior to the date that the
Election Announcement is prepared.
Each office for which a notice of resignation has been filed
1.3(CX9).
and served in accordance with this section will be included
in the Election Announcement, and a Special Election for
those positions will be held contemporaneously with the
Regular Election.
by Reason of Criminal Conviction
1.3(D). Ineligibility
General. No member of the Tribe shall be eligible at a
1.3(D)(1).
candidate or be able to hold office if he or she has ever
been convicted of any felony of any kind or if he or she has
ever been convicted of a lesser crime if that crime involved
the theft, misappropriation or embezzlement of money,
funds, assets or property belonging to an Indian tribe or a
tribal organization.
Definitions. As used in this subsection:
1.3(D)(2).
1.3(D)(2)(a). “Lesser crime” means a misdemeanor, gross
misdemeanor or other equivalent offenses
under applicable law, but shall not include
petty offenses or misdemeanors punishable
only by a fine under applicable law.
1.3(D)(2)(b). “Felony” means a crime defined at a felony
by applicable law.
1.3(D)(2)(c). “Applicable law” means the law of the
jurisdiction in which a crime was
prosecuted. In regards to “lesser crimes,” the
offense must be evaluated in conjunction
with the law at either the time of the
prosecution or presently, whichever version
identifies a lower level offense in the event
of a subsequent statutory reclassification.
1.3(D)(2)(d). “Indian tribe” means any federally-
recognized Indian tribe, band, group or
community.


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1.3(D)(2)(e). “Tribal organization” means the recognized
governing body of any Indian tribe and any
legally established organization or
subordinate entity which is owned or
controlled by an Indian tribe or tribes.
1.3(D)(2)(f). “Theft”, for purposes of illustration, means
taking of another’s personal property with
the intent of depriving the true owner of it.
1.3(D)(2)(g). “Misappropriation”, for purposes of
illustration, means the application or
conversion of another’s personal property
dishonestly to one’s own use.
1.3(D)(2)(h). “Embezzlement”, for purposes of
illustration, means the fraudulent taking of
personal property with which one has been
entrusted.
Certification of Eligibility. Each person filing for office
1.3(D)(3).
shall at the time of filing execute before a notary a
representation that he or she is eligible to be a candidate
and has not been convicted of a crime which would
disqualify him or her under Section 1.3(D)(1). The Tribal
Executive Committee shall prescribe the form of the
certification. An incomplete Certification of Eligibility
shall be rejected by the Secretary/Treasurer of the Band
governing body or his/her designee.
Authorization and Consent to Disclosure. Each person
1.3(D)(4).
filing for office shall at the time of filing execute before a
notary an authorization to release and consent to disclosure
in favor of the Band governing body for the purpose of
a
conducting criminal history check. The authorization
shall be on a form prescribed by the TEC (or on a form that
is required by the responding jurisdiction) and shall require
such information as may be reasonably necessary to
conduct the criminal history check, including all
jurisdictions in which the person has resided or has been
convicted of a felony or lesser crime and all names the
person has used. An incomplete Authorization and
Consent to Disclosure shall be rejected by the
Secretary/Treasurer of the Band governing body or his/her
designee.


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1.3(D)(5). Conducting Criminal History Check. Each Band governing
body shall designate the entity responsible for conducting
the criminal history check. Criminal history checks shall
commence immediately upon filing and execution of the
required forms by persons seeking to be candidates and be
completed prior to the date the notice of certification of
candidates is due, provided that a late response shall not
preclude a later determination of non-eligibility. The scope
of each criminal history check shall be sufficient to
reasonably verify the eligibility of each candidate under
this section.
1.3(D)(6). Fees. A Band governing body may charge a reasonable fee
for the cost of a criminal history check required by the
Ordinance.
Write-In Candidates.
1.3(E).
No write-in candidate will be recognized.
Order on Ballot.
1.3(F).
Each Band governing body shall prepare a list of duly certified candidates
for each position. The order of placement on the ballot shall be determined
by lottery. The lottery shall be performed in public. If a candidate is the
incumbent for the position, the word (“Incumbent”’) shall appear on the
ballot after the candidate’s name. The list of duly certified candidates and
the order of placement on the ballot shall then be submitted to the Tribal
Executive Committee.
Section 1.4.
Districts and Polling Places.
1.4(A).
Each Band governing body by official action may divide its reservation
and surrounding areas into districts for the purpose of electing members to
the positions of Committeeperson on the Band governing body.
1.4(B).
Each Band governing body by official action will designate polling places
for its respective reservation and, on the day when the Tribal Executive
Committee is notified of eligible candidates under Section 1.3(C)(4), will
notify the Tribal Executive Committee of the districts and designated
polling places.
Each Band governing body may, by official action, establish voting
1.4(C).
precincts in off-reservation areas where it deems it has sufficient eligible
voters to warrant a voting polling place.


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1.4(D).
Each Band governing body may establish alternative polling places in the
event an emergency makes a polling place established under Section
1.4(B) unavailable. Notice shall be provided of such emergency
relocation by posting at the original polling place and by any other means
reasonably calculated to give notice to voters.
Election Notice.
Section 1.5.
1.5(A). Regular Elections without an Associated Primary.
At least sixty-four (64) days before the day of the Regular Elections the
Tribal Executive Committee will prepare for each Band governing body a
Notice of Regular election. This notice will contain: the date of the
Regular Election; a list of duly certified candidates for positions on the
Band governing body; the designated polling places; the time for opening
and closing of polling places; and, the voting requirements. Each Band
governing body will post the Notice no later than the day following receipt
of the Notice at locations designated by the Band governing body on its
respective Reservation.
1.5(B).
Regular Elections with an Associated Primary.
At least thirty (30) days before the day of the Primary Elections, but not
before the Band governing body certifies the candidates, the Tribal
Executive Committee will prepare for each Band governing body a Notice
of Primary Election. This notice will contain: the date of the Primary
Election; a list of duly certified candidates for positions on the Band
governing body; the designated polling places; the time for opening and
closing of polling places; and the voting requirements. Each Band
governing body will post the Notice no later than the day following receipt
of the Notice at locations designated by the Band governing body on its
respective Reservation. At least thirty (30) days before the Regular
Election, but not before the expiration of the contest period in the
associated Primary Election, the Tribal Executive Committee will prepare
for each Band governing body a Notice of Regular Election. This notice
will contain: the date of the Regular Election; a list of the candidates for
positions on the Band governing body resulting from the associated
Primary Election; the designated polling places, the time for opening and
closing of the polling places; and the voting requirements.
1.5(C).
Special Elections.
Within five (5) days after the deadline for filing notice of candidacy, the
Band governing body calling the Special Election will prepare and post a
Notice of Special Election, giving the dates of the Special Election and


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any associated Primary Election; a list of the duly certified candidates for
vacant positions on the Band governing body; the designated polling
places; the time for opening and closing of the polling places; and the
voting requirements. The Band governing body will post the Notice at
locations designated by the Band governing body on its Reservation.
Within five (5) days after the deadline for the decision on the contest of
the Primary Election associated with a Special Election, the Band
governing body will prepare and post another Special Election Notice
containing: the date of the Special Election; a list of the candidates for
positions on the Band governing body resulting from the associated
Primary Election; the designated polling places; the time for opening and
closing of the polling places; and the voting requirements.
Section 1.6.
Voter Eligibility.
1.6(A).
Judging Qualifications.
Each Band governing body will be the sole judge of the constitutional
qualifications of its voters and may, by official action, delegate this
responsibility to its General Reservation Election Board.
1.6(B).
Eligibility to Vote: Generally.
Eligible voters are enrolled members of the Tribe, 18 years of age or over.
All eligible voters shall vote by secret ballot. To be eligible to cast a
ballot a voter must meet all constitutional requirements. In addition, to be
eligible to cast a vote for Committeeperson, a voter must have resided
within that district for at least thirty (30) days immediately preceding the
election, unless the voter casts an absentee ballot as permitted by this
Ordinance.
1.6(C).
Eligibility to Vote: Absentee.
Whenever, due to absence from the reservation, illness or physical
disability, an eligible voter is not able to vote at the polls and notifies the
General Election Board consistent with this Ordinance, he/she will be
entitled to vote by absentee ballot in the manner and under the procedures
as provided by Section 2.2(B). To cast an absentee ballot for
Committeeperson, an eligible voter must have resided within that district
for a period of at least thirty (30) days as his/her last reservation residence.
In the event an eligible voter has never resided on the reservation of
his/her enrollment, he/she must declare in his/her request which district
has been selected in which to cast the ballot for Committeeperson. A
voter may not thereafter change his/her district for absentee voting
purposes without actually residing within a different district on his/her
10


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reservation of
enrollment for at least thirty (30) consecutive days
immediately
preceding the election.
Section 1.7. Reservation
Election Boards and Election Contest Judges.
Reservation Election Board.
1.7(A). General
Within three
(3) business days following the notice of certification of
candidates for
either a Regular Election or Special Election, the Band
governing body will appoint at least four (4) eligible voters of the
reservation as
the General Reservation Election Board. One member of
the Board will
be appointed the Chair. The appointments will be made
either directly
by the Band governing body or through another process
established by
the Band governing body. Each appointee to the Board
must have a
thorough understanding of this Ordinance. The General
Reservation
Election Board will also be the District Election Board if the
Reservation
has no Districts. The General Reservation Election Board
will be
responsible for the overall conduct of the election. In addition, it
will perform,
in a nonpartisan fashion, all duties assigned to it by this
Ordinance,
including the processing and counting of absentee ballots, the
certification
of election results, the posting of election results, the
of election materials, and the consideration of recount
safekeeping
Band governing body shall establish a work schedule
requests. The
sufficient for
the Board to fulfill its duties.
Election Board.
1.7(B). District
1.7(B)(1).
Within three (3) business days following the notice of
certification of candidates for either a Regular Election or
Special Election, the Band governing body will appoint a
District Election Board of at least three eligible voters from
each voting district, and at least one alternate from that
district. The appointments will be made either directly by
the Band governing body, or through another process
established by the Band governing body. One member of
the District Election Board will be designated as the Chair,
one as Clerk, and one as Teller. The Band governing body
may also appoint one or more additional eligible voters
from the reservation to serve as alternates in case any of the
original appointees become unable or unwilling to serve.
Each appointee as a board member or alternate must have
training in this Ordinance. The General Reservation
Election Board must attend training from the MCT in the
application of this Ordinance. District Board members may
also attend.
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1.7(C).
Vacancy on Election Boards.
Vacancies will be filled by appointed alternates to the Board, provided that
in the event no alternate remains available, the Band governing body shall
appoint qualified replacements at any time prior to the election. In the
event a Band Governing body is unable to convene prior to election day to
fill a vacancy, the vacancy shall be filled by a qualified replacement
appointed by the Chair of the General Election Board.
1.7(D).
Reservation Election Contest Judge.
Within three (3) business days following the notice of certification of
candidates for either a Regular Election or Special Election, the Band
governing body will designate an Election Contest Judge and an Alternate
Election Contest Judge, and notify the MCT and the Judges of such
designation. If the Election Contest Judge becomes unable or unwilling to
serve, the Alternate Election Contest Judge will take his/her place. The
Election Contest Judge and Alternate Election Contest Judge will have a
thorough understanding of this Ordinance. The qualifications of the
Election Contest Judge and Alternate Election Contest Judge shall be
determined by the Band governing body. The Election Contest Judge will
perform the duties described in this Ordinance for the election that is the
subject of the Announcement. The term of such judge will be determined
by the Band governing body, provided that the term shall be for the
duration of the election cycle.
1.7(E). Restrictions and Removal
No candidate for election, no member of a Candidate’s immediate family,
nor any member of the Band governing body will be appointed to serve on
any election board or as an Election Contest Judge or Alternate Election
Contest Judge. The term “immediate family” as used herein will be
determined by the Band governing body.
Election Board Members shall nor disclose by any means information
about requests for, mailing of, or return of absentee ballots to any person,
except (1) to the voter to whom the request or ballot pertains or (2) in
accordance with an order issued pursuant to Section 3.2(A)(2). Requests
by voters for information must be in writing and maintained by the
Election Board along with a summary of the information disclosed
pursuant to the request. Unauthorized disclosure is grounds for removal.
(Election Board Members are also subject to standards of conduct
applicable to other Band employees.)
Cost of Election.
Section 1.8.
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Compensation of election board members and all costs of administering all
elections will be borne by the Band governing body of the reservation
holding the election.
Section 1.9.
Counting
Whenever this Ordinance provides for a certain time period to be counted
in days, such days will be calendar days, and if the last day when so
counted falls on a Saturday or Sunday or legal holiday, the Ordinance will
be construed so that then the last day will be the next business day
following such Saturday or Sunday or the first day following the legal
holiday that is not a Saturday or Sunday.
Section 1.10.
Beginning of New Terms.
1.10(A).
Action by a Band governing body.
A Band governing body by official action may establish the time and
process for newly elected candidates to assume the authority of their
positions, however, such time and process must provide that all newly
elected candidates will assume the authority of their positions at or before
the times set out in Section 1.10(B), provided that if an election for a
particular position is contested and the contest has not been finally ruled
upon in accordance with this Ordinance the incumbent will remain in
office pending a final decision, and until a new person takes office.
1.10(B).
In the Absence of Action by a Band governing body.
1.10(B)(1). ‘In the absence of official action by a Band governing body
pursuant to Section 1.10(A), the winning candidates in
Regular Elections will take office and assume all the
authority of their positions at 12:01 a.m. on the second
Tuesday in July following the elections; provided that if an
election for a particular position is contested and the
contest has not been completed in accordance with this
Ordinance, the incumbent will remain in office pending a
final decision and until a new person takes office. The
contest of the election for any one position will not affect
the beginning of the new terms of other winning
candidates. If the final decision on the contest upholds the
election, the winning candidate will take office and assume
all the authority of the position at 12:01 a.m. on the day
following the day the final order upholding the election is
filed. If the final decision orders a new election, the
winning candidate of the ensuing special election will take
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office and assume all the authority of the position in
accordance with the following paragraph.
1.10(B)(2).
For special elections, the winning candidate will take office
and assume all the authority of the position at 12:01 a.m. on
the tenth day following the day of the election. Ifa special
election is contested, and the contest has not been finally
ruled upon by such time, the winning candidate will take
office and assume all the authority of the position at 12:01
a.m. on the day following the final order upholding the
election.
ELECTIONS
CHAPTER II: CONDUCT OF
The General Reservation Election
Board will be responsible for the overall conduct of the
assigned to it by this Ordinance in an unbiased fashion,
election and will perform all duties
materials, the processing and counting of absentee ballots,
including the safekeeping of election
election results, and the consideration of recount requests.
the certification and posting of
Section 2.1. Election
Security Measures.
specifically provided herein, the General Reservation Election
Except as
Board is
responsible for implementation of the election security measures
listed below.
In the event that the Tribal Executive Committee designates
an outside
organization to provide technical assistance and/or election
related
services, the General Reservation Election Board will be
for monitoring the performance of said organization to ensure
responsible
with the provisions of this Ordinance.
compliance
Distribution of Voting Materials.
2.1(A). Storage and
2.1(A)(1).
Elections for Band governing body positions may be
conducted by using an automated ballot tabulating system
that meets the standards in Section 2.2. When a Band
governing body chooses not to use an automated ballot
tabulating system, the Tribal Executive Committee will be
responsible for preparing ballots for all elections for Band
governing body positions and for making them available to
the General Reservation Election Boards at least thirty (30)
days prior to the election. The Tribal Executive Committee
will take reasonable steps to ensure that all ballots are kept
securely prior to delivery to the General Reservation
Election Boards. When an automated system is used the
supplier shall also be responsible for ballot security and
other measures related to the integrity of the election
process. All members of the District Election Board at each
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polling place must certify that any electronic vote tabulator
has been tested, correctly reads cast ballots, and has been
returned to zero prior to opening of the polls.
The General Reservation Election Board will take
2.1(A)(2).
reasonable steps to ensure that all election materials,
including computers and any electronic memory devices
used in the election process are at all times kept in a secure
location prior to, during and after the election. The General
Election Reservation Board will also ensure that security
measures are in place for the commencement and finish of
voting that allow for public verification of the sealing and
unsealing of ballot boxes.
The General Reservation Election Board will keep all!
2.1(A)(3).
election records, including electronic memory devices used
in the election process and the following additional items,
under lock and key for at least ninety (90) days following
election day or until all contests and appeals have been
completed: ballots, whether used, unused, or spoiled,
information on each request for an absentee ballot, a record
of the date on which each request for an absentee ballot
was received, the date on which the absentee ballot was
mailed out, the date on which the absentee ballot was
received and from whom it was received; any reports from
the General Reservation Election Board or a District
Election Board; challenge and complaint records; count
totals and results, as well as decisions on the validity of
ballots. Absentee ballots received by the General
Reservation Election Board by mail after the cut-off date
and time as specified in Section 2.2(B)(4), will be kept
separate from all of the other ballots. The General
Reservation Election Board shall maintain a permanent
record indicating the District in which each voter cast a
ballot.
The ninety (90) day requirement notwithstanding, such
2.1(A)(4).
materials will be made available at the discretion of the
court for contests and/or appeals, if so authorized by the
relevant provisions of Chapter III of this Ordinance. Any
materials so released will only be released in accordance
with, and for the express purposes(s) set forth in this
Ordinance.
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2.1(B). Security in
Voting Areas.
The District Election Board will ensure that ballot boxes
2.1(B)(1).
are continuously monitored by at least two members of the
Board from the time the polls open on election day to the
time the polls close.
2.1(B)(2).
It is the duty of the District Election Board to maintain
orderly conduct within or near the polling place and
prohibit any person from electioneering in a public place
within a direct line of 200 feet in any direction from the
primary entrance used by voters at the polling place. The
District Election Board will also take reasonable steps to
ensure that voters have barrier-free and easy access to the
polling station.
2.1(B)(3).
Any person who engages in electioneering or behavior that
distracts, interrupts, or interferes with the Election or the
work of the Board will be removed and excluded from the
premises.
2.1(B)(4).
As used in this Ordinance, the term “electioneering” shall
mean to work actively on behalf of a specific candidate on
the ballot at that election, and includes posting signs or
banners, passing out pamphlets, flyers or other literature,
and verbally urging, advocating or exhorting others to vote
for a specific candidate.
Procedures.
Section 2.2. Voting
The
procedures of this section shall apply when the Band governing body
either chooses
to use an automated ballot tabulation system or traditional
ballot box
system. When an automated ballot tabulation system is used
the Election
Board shall apply the controls and procedures prescribed by
the vendor to
ensure the integrity of the process of casting and counting all
valid ballots.
An electronic tabulation system must meet the standards set
out in
Appendix I or be certified pursuant to voting systems standards
by the Federal Election Commission (FEC) or the Election
adopted either
Assistance
Commission (EAC).
2.2(A). Voting at
Polling Place.
Instructions to voters describing the manner of casting
2.2(A)(1).
one’s vote will be posted at the polling place and issued
upon request to all eligible voters with a ballot.
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2.2(A)(2).
The polls will remain open at each polling place from 8
a.m. until 8 p.m. on Election Day.
When all else is in readiness for the opening of the polls,
2.2(A)(3).
the District Election Board Chair in each district will open
the ballot box in view of the other District Election Board
members, and also in view of any members of the general
public then in attendance, will turn same top down to show
that no ballots are contained therein and will lock the box
and retain the key in his/her possession until after the polls
are closed and until the count of the ballots is started. In
the event that the Tribal Executive Committee designates
an outside organization to provide election assistance, such
as the provision of ballot boxes, an official from said
company may be allowed to retain the key in his/her
possession. The Ballot boxes will remain locked from the
commencement of voting through the close of voting, when
they are opened for removal of the ballots for counting.
The Clerk will make a record of each eligible voter
2.2(A)(4).
presenting himself/herself at the polls. The voter must sign
the register or make his or her mark. The Clerk, with the
concurrence of the General or District Election Board, may
require proof of identity.
All voting is by secret ballot. The voter will vote in
2.2(A)(5).
privacy, by indicating with a mark in the place provided
adjacent to the name of the candidate(s) supported by the
voter. The voter will then hold the ballot so the choice(s)
cannot be seen by others, and place it in the ballot box
provided. It will be the duty of the Chair, or the Chair’s
designee, when requested by a voter, to have such voter
assisted in casting a ballot.
If a voter mutilates a ballot or renders the ballot unusable,
2.2(A)(6).
another ballot may be obtained. Upon surrender of the
mutilated ballot, the Judge will write the word
“Disqualified” across the ballot and sign his/her name
beneath it, have another ballot issued in lieu thereof and
will place the spoiled ballot in a large envelope marked
“mutilated ballots.” The envelope containing all mutilated
ballots will be placed in the ballot box at the end of the
voting. All such spoiled ballots will be retained along with
the other election materials as specified in this Chapter.
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2.2(A)(7).
Ballots unused at the end of the voting will be bundled
together, and the bundle will be marked “unused” in ink,
signed by at least two members of the District Election
Board, and placed in the ballot box at the end of voting.
All unused ballots will be retained along with the other
election materials as specified in this Chapter.
2.2(B). Absentee
Ballot Voting Procedures.
2.2(B)(1).
The General Reservation Election Board will give or mail
ballots for absentee voting to eligible voters upon receipt of
a signed written request from such voters. The General
Reservation Election Board may accept signed written
requests by hand delivery, by mail, or by fax or other
electronic means. Under no circumstances shall the
General Reservation Election Board hand-deliver absentee
ballots off-site. The General Reservation Election Board
will give immediate attention to all such requests and will
process the requests to permit voters reasonable time to
execute and return their absentee ballots within the time
allowed by this Ordinance; provided that any eligible voter
who requests and receives an absentee ballot in person will
be required to cast the ballot with the General Reservation
Election Board on the same day. Documents which will be
given or mailed to the voter requesting an absentee ballot
an
under this section will include: a) the absentee ballot; b)
inner envelope, bearing on the outside the words “Absentee
Ballot” and; c) a pre-addressed outer envelope which, on
the reverse side of which there will appear an affidavit as
follows:
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AFFIDAVIT
State of
County of
,
IL, do solemnly swear that I am an enrolled member of the
Minnesota Chippewa Tribe, that I will be at least eighteen years of age on the election date and
am entitled to vote in the election to be held on 20
,
I have marked the ballot that I requested and received from the Election Board and enclosed and
sealed the same in the envelope marked “ABSENTEE BALLOT.” It is enclosed in this
envelope.
Signed:
(Voter)
Subscribed and sworn to before me this day of »20___. [hereby certify
that the affiant properly identified himself/herself to me and signed this Affidavit in my
presence.
[SEAL]
Notary Public
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In no case may a candidate or member of a candidate’s
2.2(B)(2).
immediate family be the notary public who administers the
oath.
Those voting by absentee ballot will execute to the required
2.2(B)(3).
affidavit, mark the ballot to indicate candidate
preference(s), acquire witness of a notary public, place the
ballot in the envelope marked “Absentee Ballot”, seal the
envelope, place the sealed envelope marked “Absentee
Ballot” in the outer pre-addressed envelope, and mail it or
deliver it in person.
Those wishing to vote by absentee ballot must ensure that
2.2(B)(4).
their outer pre-addressed envelope with enclosed inner
envelope and absentee ballot are delivered to the designated
post office box one half hour before closing of the relevant
post office on Election Day. Any absentee ballots received
by mail thereafter will be declared invalid and will be kept
separate from the other ballots.
Absentee Ballots that are returned by hand-delivery must
2.2(B)(5).
be received by the General Reservation Election Board no
later than the close of the polls on Election Day. Any
ballot that is hand-delivered must be delivered by the
absentee voter himself/herself. Any voter who walks into
the polling place on Election Day with an unmarked
absentee ballot may choose to have the ballot voided,
recorded as void, and proceed to vote as a regular voter.
Votes.
Section 2.3. Counting of
2.3(A). The Tally.
At the close
of the polls, all election materials will be transported to the
room, if the counting is to take place in a location other than the
counting
Thereafter, the District Election Board will unlock the ballot
polling place.
remove the regular ballots; and tabulate the votes according to the
box(es);
established in this Ordinance, or by such other process as may
procedures
an automated election system.
be required by
Election Chair and at least two other members of the District
The District
Election
Board will remain continuously in the room until all the ballots
counted.
are finally
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2.3(B).
Observing the Tally.
At least two members of the District Election Board must view each
ballot, and each counter will keep a separate tally of the votes cast. Any
eligible voter may be present at the tally so long as the voter behaves in a
manner consistent with the requirements of this Ordinance.
2.3(C).
Rejection of Ballots.
If, during the tallying of the votes, the members of the District Election
Board are unable to determine from a ballot the choice(s) of the voter, the
ballot will be rejected. A rejected ballot will be marked “rejected” in ink.
Each member of the Reservation Election Board will sign their name
below this marking. Rejected ballots will be kept together, and placed in
the Ballot Box at the end of the tally.
2.3(D).
Close of Tally.
At the close of the tally, the District Election Board will open the ballot
boxes and display the empty box to all persons present to ensure that no
ballots are contained therein; determine the total votes cast for each
candidate for each office; write down these totals, together with the
number of rejected ballots, spoiled ballots, unused ballots and total ballots
printed; return the ballots to the boxes, lock and mark the boxes, and turn
over the certified election returns of the District, along with the ballot
boxes, and the list of those registered and voting to the General
Reservation Election Board.
2.3(E).
Counting the Absentee Ballots.
2.3(E)(1). Upon arrival at the polling place, the Chairperson
immediately will deliver the still sealed ballots to the
remaining members of the General Reservation Election
Board, who will deposit them in a special locked __ ballot
box.
2.3(E)(2). Prior to counting the absentee ballots, the General
Reservation Election Board will determine whether the
person whose name is on the outer envelope and affidavit is
a qualified voter, and whether the qualified voter is on the
absentee ballot list. The General Reservation Election
Board will then count and register absentee votes after all
other ballots have been counted and will include such votes
in the results of the election. The provisions of Section
2.3(B) and Section 2.3(C) will apply to the counting of the
absentee ballots, except that the General Reservation
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Election Board will perform the listed duties with regard to
absentee ballots, instead of the District Election Board.
Section 2.4.
Certification and Posting of the Election Results.
2.4(A).
It will be the responsibility of the General Reservation Election Board to
certify the results of each election. The General Reservation Election
Board will convene in a place selected by them and at a time prior to 8:00
p.m. on the day following the election day to receive the certification of
the results of the election from each District and will certify the return of
the absentee votes.
The General Reservation Election Board will publish and post within two
2.4(B).
(2) days after the day of the election the results of such election, in the
voting Districts, and in other public places throughout the Reservation for
the information of the tribal members. The results will also be forwarded
to the Minnesota Chippewa Tribe within the same time period.
CHAPTER III:
RECOUNTS, CONTESTS, AND APPEALS
Recounts of Ballots.
Section 3.1.
3.1(A).
A recount of ballots may be sought in any Regular or Special Election, and
will be mandatory in case of tie votes in such elections. If two candidates
tie with the second highest number of votes in a Primary, a recount will be
mandatory.
3.1(B).
Only a candidate for a Band governing body position may seek a recount
of ballots, and the recount may only involve the position for which he/she
was a candidate. A candidate seeking a recount must prepare a written
Request For Recount stating specific reasons for the need for a recount,
and will file the Request with the General Reservation Election Board at
its office by 5:00 p.m. on the third day following the day of the election.
The General Reservation Election Board will consider the Request For
Recount of the contesting candidate and will make a decision on the
Request within five (5) days following the day the Request is filed with
the Board. A recount will be ordered only if the General Reservation
Election Board determines that the closeness of the vote makes a recount
desirable, or that a material question exists as to whether the initial vote
count was accurate. The decision of the General Reservation Election
Board will be final without appeal as to the recount request.
All recounts shall include a hand count.
3.1(C).
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Section 3.2. Election
Contest to Reservation Election Contest Judge.
Primary, Regular or Special Elections.
3.2(A). Contest of
3.2(A)(1) Only a candidate on the ballot in an election may contest
that election, and the contest may only involve the position
for which he/she was a candidate. A candidate contesting
an election will prepare a written Notice of Contest stating
specific reasons for his/her contest, and shall file by regular
mail, electronic mail, personal delivery, or facsimile the
Notice of Contest with both the Reservation Election
Contest Judge at the judge’s office and the Executive
Director or his designee at the offices of the MCT by 4:30
p.m. of the seventh day following the day of the election.
A Notice of Contest must be electronically time and date
stamped upon receipt at each office or its receipt must be
verified in writing by two (2) persons at each office. The
Executive Director or his designee must verify that the
Notice of Contest was received prior to the deadline. If the
entire Notice of Contest is not received by the deadline, it
shall be void.
3.2(A)(2).
Upon the proper filing of a Notice of Contest, the
Reservation Election Contest Judge shall review the claims
made in the Notice of Contest as soon as practicable after
the Notice is filed. In his or her sole discretion, the judge,
either sua sponte or upon request of the contestor, may
order certain discovery of materials held by the General
Reservation Election Board if the Contest Judge believes
that information will materially assist in making a decision
on the Contest. Absent the prior written consent of the
person to whom a record pertains, the Contest Judge shall
take such steps as are reasonably necessary to ensure that
personal information is not disclosed. The Reservation
Election Contest Judge may order such a hearing and such
submissions as the judge deems necessary, including the
testimony of persons on any Election Board, and will make
a decision on the Contest within ten (10) days of the
deadline for filing a Notice of Contest.
Procedures for Contests to the Reservation Election Contest
3.2(B). Rules and
Judge.
additional rules and procedures will govern the
The following
determination
of election contests heard by the Reservation Election
Contest Judge
pursuant to this Ordinance:
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3.2(B)(1).
The burden of proof rests with the contester who must
show by clear and convincing evidence the alleged
violations of this Ordinance. There shall be a presumption
of correctness in favor of the General Reservation Election
Board and the election results until the contester has met
his or her burden of proof.
3.2(B)(2).
The contester will proceed first in any hearing and must
present relevant and material evidence demonstrating how
any violations of the Ordinance, alleged and proven,
affected the outcome of the election. Evidence may be
received on violations of the Ordinance alleged to have
taken place in the contested election. The General
Reservation Election Board will respond to the case
presented by the contester, if it deems it necessary, and may
present any exhibits and offer any relevant testimony
and/or oral arguments. With an offer of proof and with the
permission of the Judge, another candidate may respond to
the allegations in the Notice of Contest.
3.2(B)(3).
Legal counsel may assist and accompany the contester but
will abide by all rules and regulations applicable to the
proceeding.
3.2(B)(4).
The contester will be limited to presenting testimony and
evidence in support of the allegations contained in the
written Notice of Contest. No new allegations will be
considered.
3.2(B)(5).
Witnesses will be sworn and only one may testify at a time.
The judge will have full authority to maintain order and
decorum throughout the proceeding.
3.2(B)(6).
All evidence offered, whether written or oral, must be
relevant to the matters alleged as the basis of the contest,
and must be recorded by a court reporter.
3.2(B)(7).
The decision of the judge as to the relevancy and weight of
any and all exhibits and evidence will be subject to review
on appeal only pursuant to this Ordinance.
3.2(B)(8).
With regard to a contest of the final vote in an Election, the
judge may affirm the results of the election or order that the
results of the election are invalid and order that a new
election will be held under conditions specified in the
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judge’s order. In no case will the judge order that a new
election be held unless the contester has demonstrated
violations of this Ordinance which changed who was the
winning candidate (or candidates in a Primary) for an
office.
3.2(B)(9). The form of the Opinion of the Reservation Election
Contest Judge will include a Findings of Fact, Conclusions
of Law, and Final Decision.
3.2(B)(10). The judge will not have jurisdiction to rule on questions
relating to interpretation of the Revised Constitution and
Bylaws of the Minnesota Chippewa Tribe.
Section 3.3.
Appeal of Reservation Election Contest Judge Decision.
The decision of the Reservation Election Contest Judge, or such other
equivalent decision as designated by Band law, may be appealed to either:
(1) the Tribal Election Court of Appeals if the Band governing body has,
by official action, conferred jurisdiction on that Court; (2) to a Band
appellate court with jurisdiction. The Appeal will be limited to the record
below subject to the limited exception set forth in Section 3.4 (B)(3). The
decision of the Reservation Election Contest Judge shall be reviewed de
novo with no deference given to the Election Judge’s determinations of
either the facts or the law.
Section 3.4.
Tribal Election Court of Appeals
3.4(A).
Organization of the Court
3.4(A)(1). The MCT Tribal Election Court of Appeals (“Court”) will
be comprised of a person named by each of the six Bands
(“Judge”), chosen as determined by the Band. The Judge
representing the Band from which the appeal is taken will
be recused from sitting on that matter. In all cases, there
shall be five (5) voting members of the Court.
3.4(A)(2). The Executive Director of the MCT or his designee will
serve as Clerk of Court.
Jurisdictional Limitations; Band Decision; No New Trial
3.4(B).
3.4(B)(1). Jurisdiction of the Court is limited to matters arising under
this Election Ordinance.
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Each Band governing body may, by official action, opt to
3.4(B)(2).
confer final jurisdiction on the Court. The Band governing
body will notify the Tribe of a decision to use the Court
before the date of a scheduled primary election. If no such
notice is given, appeals shall be to the Band’s appellate
court.
The Court may only take appeal from the decision of the
3.4(B)(3).
Reservation Election Contest Judge, and may not undertake
separate fact-finding upon new evidence, unless the
Reservation Election Contest Judge clearly refused to
accept relevant evidence or failed to consider evidence that
could not reasonably have been discovered prior to the
underlying hearing. Regardless, the Court cannot consider
any claim that could have been presented at the Reservation
Contest level.
3.4(C). Procedure
3.4(C)(1). A candidate who is adversely affected or the General
Reservation Election Board may file a Notice of Appeal
with the Executive Director of the MCT or his designee
within three (3) days of the decision of the Election
Contest, at the offices of the MCT. A copy of the Notice of
Appeal must also be served on the office of the Reservation
Contest Judge who made the decision being appealed. The
Notice must state the basis for the appeal, including a
statement of how the alleged violation of the Election
Ordinance was both serious and material and how it
affected the outcome of the election.
Upon receipt of the Notice of Appeal by the Reservation
3.4(C)(2).
tribunal, the record will be prepared and forwarded to the
Court at least two (2) days prior to the hearing date. The
record will include all documentary evidence presented, a
transcript of the proceedings, and a copy of the decision of
the Reservation Contest Judge.
Upon receipt of the Notice of Appeal by the Executive
3.4(C)(3).
Director or his designee, a copy of the Notice of Appeal
will be forwarded to the Court of Appeals by regular mail,
electronic mail or facsimile. The Executive Director will
schedule a hearing date within one week from the date of
receipt of the Notice of Appeal.
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3.4(C)(4). The Court will permit oral argument and written
submissions and may establish time or page limits, as the
case may be.
3.4(C)(5). The Court may order the issues briefed by counsel, but
must in any event render a decision on the Appeal within
ten (10) days of hearing. The decision must be in writing
and address each issue raised on appeal.
3.4(C)(6). The decision of the Court is final and unappealable.
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APPENDIX I
MCT ELECTION ORDINANCE
The electronic voting machine shall be a computer (microprocessor) controlled direct
electronic tabulation system. The operating software shall be stored in a non-volatile
memory “firmware” and shall include internal quality checks, such as purity or error
detection and/or correction codes. The firmware shall include comprehensive diagnostics
to ensure that failures do not go undetected. The voting system shall be a battery back-up
system that will, as a minimum, retain voter information and be capable of retaining and
restoring processor operating parameters in the event of power failures. The voting
system shall provide alpha/numeric printouts of the vote totals at the closing of the polls.
Subsistence, i.e. printer, power sources, microprocessor, switch and indicator matrices,
etc., shall be modular and pluggable. Electronic components shall be mounted on printed
circuit boards. The unit shall be supplied with dust and moisture-proof cover for
transportation and storage purposes.
Specifications:
1. Operating temperature - 50°F to 90°F.
2. Storage temperature - 0°F to 120°F.
3. Humidity — 30% to 80% non-condensing.
4. Line voltage — 115 VAC +/- 10%, 60 HZ.
The memory pack is able to accept over 1,500 voting positions and tabulate over 65,000
votes for each position. The machine shall accept a ballot inserting in any orientation.
The tabulator must recognize all errors and be able to reject or return the erred ballot. The
tabulator must automatically be able to detect an over-voted ballot. The vote tabulator
must contain a public display counter to record number of ballots processed.
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