Judicial Code

Election Ordinance

PURPOSE AND AUTHORITY:  The purpose of this ordinance is to provide for elections as required by Article VI, Section 2, of the Constitution and Bylaws of the Prairie Island Indian Community (“Constitution”).  “The Community Council shall by ordinance establish the date and manner of control of the elections.”

Section I. ELECTION BOARD

A. Qualifications: All elections shall be administered by the Election Board. The Election Board shall consist of two judges, two clerks, two alternate judges, and two alternate clerks selected from among the qualified voters of the Community.  The Community Council shall appoint board members.  Election Board members shall be 18 years of age or older. No person shall be appointed who:

1. is currently holding elective office, or

2. plans to be a candidate in any election during his/her term of service. If a member of the immediate family of an Election Board member is nominated as a candidate, that Election Board member shall be disqualified from serving in that election and an alternate appointed in his/her place. (an immediate family member is defined as a full sibling, half-blood sibling, step-sibling, parent, child, step-child, or spouse.)

B. Term of Office: Election Board members shall each serve from the date of appointment through the election and installation of the newly elected Community Council.  Any member of the Election Board may be removed by the Community Council for failure to perform the duties set forth in Section I(C) of this ordinance. Pursuant to Section XI, their term of office shall commence in October. In the event of vacancy on the Election Board, the Community Council shall appoint a qualified replacement for the remainder of the term of office.

C. Duties of Election Board: Upon accepting the appointment, each member of the Election Board shall sign an oath which shall become part of the election records stating that he/she will serve according to the best of his/her ability and shall make every effort to prevent fraud or abuse of the election process. The Election Board shall perform all duties set forth by this ordinance and by Article VI of the Constitution. Failure to perform such duties shall be cause for immediate dismissal by a majority vote of the members of the Community Council:

1. The duties of the Election Judges shall be as follows:

a. oversee the entire election process and ensure compliance with the Constitution and this ordinance.

b. promptly decide any challenges made to voter eligibility, candidate eligibility, election procedures, and the need for recounts pursuant to Section VIII of this ordinance;

c. obtain criminal background checks on all candidates for Community Council pursuant to Section II;

d. count that ballots cast at an election;

e. conduct any necessary recounts; and

f. certify the results of the election pursuant to Section IX of this Ordinance.

2. The duties of the Election Clerks shall be as follows:

a. to obtain a list of candidates from the Community Council Secretary;

b. print or have printed ballots with the candidates listed alphabetically;

c. post list of candidates at the Community Center;

d. post list of eligible voters at least 20 days prior to election date;

e. set up and supervise the polling place on election day;

f. retain custody of all ballots cast until such ballots are turned over to the judges for counting;

g. retrieve and retain all absentee ballots from the post office through election day and turn over such ballots to the judges for counting;

h. assist the judges in counting the ballots;

i. ensure that all necessary supplies for the election are available; and

j. maintain list of absentee voters.

k. pick-up mail at Post Office Box no later than 4:00 p.m. of Election Day.

3. The duties of the Alternate Election Judges and the Alternate Election Clerks shall be to attend all meetings of the Election Board, to have knowledge of the duties and responsibilities of the Election Judges and Clerks, and to assume such duties and responsibilities should an Election Judge or Clerk be unable or unwilling to fulfill such duties and responsibilities.

Section II. QUALIFICATION OF CANDIDATES:

Pursuant to Article VI, Section 4, of the Constitution, any qualified voter who is in good standing shall be considered as an eligible candidate for office. Member in good standing is defined to be a person who has not been convicted of a felony or misdemeanor involving dishonesty in the preceding five years and is current in all financial obligations to the Community. (A crime involving dishonesty is defined to be a conviction for fraud, embezzlement, theft by swindle, and/or theft by misrepresentation.)

To ensure candidates are members in good standing in the Community, each candidate for office shall submit to a criminal background check administered by the Election Board.

Section III. QUALIFICATION OF VOTERS:

Pursuant to Article VI, Section 5, of the Constitution, any duly enrolled member of the Community who will be 18 years of age or older on the date of any scheduled election shall have the right to vote in the election. “Duly enrolled member” shall mean any person who has been accepted as a member of the Tribe.

It shall be the responsibility of the qualified voter to notify the Election Board of any address changes.

Section IV: NOMINATION AND POSTING OF CANDIDATES:

A.Nominations: Any qualified voter in the Community may nominate a candidate for election to the Community Council.  Nominated candidates must be in attendance at the nominating meeting and must orally accept the nomination before the meeting is adjourned.

B. Posting of Candidates:  The names of all nominated candidates shall be posted in alphabetical order at the Community Center following the nominating meeting through the election.

Section V. CANDIDATE CHALLENGES:

Any qualified voter may challenge the candidacy of any person nominated for the Community Council by filing a written statement with the Election Board not less than 21 days prior to the election date.  The Election Board shall provide a copy of such written statement to the person whose eligibility has been challenged and shall give that candidate the right to make a written response within seven (7) days of receipt of the challenge.  The Election Judges shall then promptly decide whether to uphold the challenge.  The Election Board shall review the applicable tribal records and consult with the appropriate tribal government staff and Enrollment Committee member(s).  A unanimous vote of the Election Judges shall be required to uphold the challenge.  Should the Election Judges split their vote, the alternate Election Judges shall be allowed to vote.  If the Election Judges and alternate Election Judges fail to reach a majority, the challenge shall be rejected.  Both the challenger and the person whose eligibility has been challenged shall be notified of the decision, which shall be final for the purposes of the election in question.  If a challenge is upheld, the name of the challenged person shall not appear on the ballot for such election.

Section VI: CONDUCT OF THE ELECTION

A. Ballots:  The Election Board shall prepare all ballots.  The names of the certified candidates shall be in alphabetical order.  The ballot shall contain the following instructions:

“YOU MUST VOTE FOR 5 CANDIDATES FOR COMMUNITY COUNCIL.  PLACE AN “X” BY THE NAME OF EACH PERSON YOU WISH TO VOTE FOR.  YOU MAY NOT GIVE ANY CANDIDATE MORE THAN ONE VOTE.  VOTES FOR WRITE-IN CANDIDATES SHALL NOT BE ALLOWED.  ANY BALLOT WITH MORE THAN 5 TOTAL VOTES SHALL BE A SPOILED BALLOT.  ANY BALLOT WITH LESS THAN 5 TOTAL VOTES SHALL BE A SPOILED BALLOT.  ANY BALLOT WITH A WRITE-IN VOTE SHALL BE A SPOILED BALLOT.  IF YOU NEED ASSISTANCE, THE ELECTION BOARD MEMBERS WILL HELP YOU.”

The official ballots shall be printed on colored paper with black ink and shall include the number of candidates to be elected.  Sample ballots may be printed on white paper and shall be clearly labeled “sample ballot” and shall not be counted if placed in the ballot box.

B. Poll Watcher:  Each candidate for election to the Community Council may designate in writing one eligible voting member of the Community to act as a poll watcher.  Each duly appointed poll watcher shall receive a certified copy of the list of eligible voters in the Community.  A poll watcher may observe the conduct of the election and may silently observe the counting of the ballots or any recounts.  Should a poll watcher in any way attempt to influence the vote of any qualified voter or in any way interfere with the election process, he or she shall be barred by the Election Board from the polling place and, in the Election Board’s discretion, may result in a complaint being filed with the Tribal Appellate Court to disqualify the candidate who appointed such poll watcher.

C.            Voting Procedure:  Voting shall take place at the Prairie Island Community Center from 8:00 a.m. to 8:00 p.m.  At least one Election Judge and one Election Clerk shall be present at all times.  No other person(s) other than the Election Board, a candidate’s designated poll watcher, shall remain or loiter within fifty feet of the voting area.  No person shall campaign within two hundred feet of the voting area.

The voter shall first sign his/her name in the poll book.  If the voter is unable to do so, the Election Board member shall write “unable to sign” by that name.  An Election Board member shall verify that the voter is a tribal member whose name he/she is seeking to vote under.  Verification shall be done by visual comparison with any form of photo identification.  Once an Election Board member has verified the voter, the Election Board member shall note such verification in the poll book by signing his/her initials by the voter’s name.  The voter will then be issued a ballot.  The voter shall then mark the ballot in a private area to be designated by the Election Board.  The voter may receive assistance from an Election Board member in voting if requested.  The voter shall fold the ballot when completed and deposit it in the locked ballot box.

If the voter accidentally makes a mistake on or destroys his/her ballot, a new ballot may be issued to the voter, with the correction noted in the poll book, the spoiled ballot shall be marked “void” immediately by the Election Board member and shall be retained by the Election Board.

D. Returns:  Immediately after the polls are closed, the Election Board shall clear the office of all persons other than themselves, the alternates, and designated poll watchers and shall count the votes cast.  The winners shall be chosen by plurality according to the rank  order of votes received.  In the event of a tie for the last position, the winner shall be decided by a runoff election to be held within 14 days.  The Election Board shall then post the results of the election at the Community Center.  If no recount is requested and no petition is filed pursuant to Section VIII of this ordinance, the Election Board shall certify the election and deliver the results to the Community Council within 72 hours of the announcement of the results of the election.  Winning candidates shall take office in accordance with Section X of this ordinance.

E. Storage of Ballot Box:  Immediately after the counting of the ballots, the counted ballots shall be returned to the ballot box.  The ballot box and the box with the spoiled ballots shall be sealed and personally placed in the casino vault by the Election Board.  Such boxes shall remain in the vault until the next Community Council election.  The ballot box and/or the spoiled ballot box may only be removed from the vault pursuant to a duly requested election recount or by order of the Tribal Appellate Court.  Immediately after any recount or final Court decision, the boxes shall be returned to the casino vault.

Section VII. ABSENTEE VOTING:

Pursuant to Article VI, Section 6 of the Constitution, absentee voting shall be allowed.

A. Required:  Provisions for absentee balloting and voting by mail are required for all elections.  No ballots received after the close of the voting shall be counted.  Absentee ballots must be mailed to the Election Board Post Office Box,  and received no later than 4:00 p.m. on the election day.  Hand-delivered absentee ballots shall not be accepted.

B. Applications:  Each person applying for an absentee ballot must fill out and sign an application form.  Application forms shall be mailed to all voting members not less than 28 days prior to the election.

Absentee ballots shall be available not less than 18 days before the election.  Upon receiving a properly completed and signed form, the Election Board shall mail to the applicant an absentee ballot.  No request for an application shall be considered valid if received after 5:00 p.m. four working days prior to the election.

C. Ballots:  The absentee ballot shall consist of a paper ballot which meets the requirements of Section VI of this ordinance, an instruction sheet, an inner envelope and a return envelope, postage prepaid.

D. Voting Procedure:  When voting by absentee ballot, the voter shall mark the ballot and place it in the inner envelope and seal it.  The voter shall then place the inner envelope inside the return postage prepared envelope and seal it.  The return envelope shall be signed by the voter before a
currently certified Notary Public and returned to the Election Board.  The absentee ballots shall remain in the Post Office Box until Election Day.  Two Election Clerks will pick-up the mail from the post office box.

A list of who voted by absentee ballot shall be kept and compared with envelopes of absentee ballots.

E. Returns:  The Election Board shall compare the signature on the return envelope with the signature on the application if the signatures do not match, the absentee ballot shall be rejected.  If the signatures match, the return envelope shall be opened and the inner envelope shall be deposited in the locked ballot box.  In the event that a ballot is rejected because of an improper signature, the return envelope shall not be opened.  The entire rejected ballot shall be deposited in a separate, secure rejection box.

F.Spoiled Ballots:  At the closing of the polls, the Election Board shall open the spoiled ballot box and allow any interested tribal voter to challenge the rejection of any ballot.  The decision of the Election Board shall be final.  If a challenge is granted, the return envelope shall be opened and the inner envelope deposited in the absentee ballot box in the same manner as other absentee ballots.

Section VIII. ELECTION CHALLENGES AND RECOUNTS

Any candidate may, by written request to the Election Board, obtain a recount when, if in the opinion of the Election Board, a vote is so close as to justify a recount or there is some evidence of irregularity sufficient to justify a recount.  Any request for a recount shall be made within forty-eight (48) hours after the Election Board has announced the results of the election.  The decision of the Election Board as to whether to make a recount shall be final.

In the event of an extreme irregularity in the election process, fraud in the election process, or misconduct by an individual involved in the election process, the Election Judges or any qualified voter in the Community within seventy-two (72) hours of the election or twenty-four (24) hours of a recount may file a complaint in the Tribal Appellate Court of the Prairie Island Mdewakanton Dakota Community (“Tribal Appellate Court”) for an order calling for a new election or the disqualification of individual candidates.  The Tribal Appellate Court shall hold a hearing within forty-eight (48) hours of receiving a petition.  At the hearing, the Tribal Appellate Court shall accept testimony and other evidence from the Election Board and other interested parties concerning the election.  At the conclusion of the hearing, the Tribal Appellate Court may (1) order a new election to be conducted within twenty-one (21) days of its order, (2) disqualify candidate(s) from the election, (3) certify the election results, and/or (4) order such other and further relief that the Court deems just and equitable under the circumstances.  The Tribal Appellate Court’s decision shall be final.

Section IX. CERTIFICATION OF ELECTION

Pursuant to Article VI, Section 3, of the Constitution, the Election Judges shall certify the results of the election.  Such certification must be given to the Community Council within seventy-two (72) hours of the election or twenty-four (24) hours of a recount unless a complaint has been filed with the Tribal Appellate Court pursuant to Section VIII.  If the Election Judges fail to certify the election or file a complaint with the Tribal Appellate Court within seventy-two (72) hours of the election or twenty-four (24) hours of a recount, the Tribal Appellate Court shall certify the election results.

Section X. TAKING OFFICE:

At the conclusion of the outgoing Community Council’s two year term the newly elected Community Council members shall gather in the Community Council chambers for the administration of the oath of office by the Chief Judge of the Tribal Court.  The oath of office shall be as follows:

“I, _________________, DO SOLEMNLY SWEAR THAT I WILL UPHOLD THE CONSTITUTION AND BYLAWS OF THE PRAIRIE ISLAND INDIAN COMMUNITY IN THE STATE OF MINNESOTA, THAT I WILL SERVE THE TRIBE TO THE BEST OF MY ABILITY, THAT I WILL WORK FOR THE ENTIRE MEMBERSHIP OF THE PRAIRIE ISLAND INDIAN COMMUNITY, THAT I WILL RESPONSIBLY REPRESENT THE PRAIRIE ISLAND INDIAN COMMUNITY, THAT I WILL CARRYOUT THE DIRECTIONS OF THE COMMUNITY COUNCIL, THAT I WILL DECLARE WHEN A CONFLICT OF INTEREST COULD AFFECT THE PERFORMANCE OF MY DUTIES ON BEHALF OF THE TRIBE, AND THAT I WILL PERFORM ALL DUTIES REQUIRED OF ME BY THE CONSTITUTION AND BYLAWS OF THE PRAIRIE ISLAND INDIAN COMMUNITY IN THE STATE OF MINNESOTA.”

Immediately upon the taking of the oath of office, the Community Council members shall in executive session decide among themselves who shall serve as President, Vice-President, Treasurer, Secretary, and Assistant Secretary/Treasurer of the Community Council.  No Community Council member shall be a Tribal employee during his/her term of office.

Section XI.            ELECTION TIMELINE:

A. Nominations; Appointment of Election Board:  Nominations and Appointment of Election Board shall be held biannually at the Quarterly meeting the first Friday in October.

B. Election:  Elections for Community Council shall be held every two years not less than thirty days before the expiration of the term of office of the members of the council.

Section XII. REPEAL OF PREVIOUS ORDINANCE:

The “Election Ordinance of Prairie Island Indian Community as Amended August 25, 1995” is hereby amended as further provided in Resolution 97-10-3-107 and, as so amended, is hereby ratified and confirmed and is hereby designated the “Election Ordinance of the Prairie Island Indian Community As Amended October 3, 1997.”  Any other provisions of tribal law inconsistent with the Election Ordinance of the Prairie Island Indian Community As Amended October 3, 1997 are hereby superseded and repealed.

Section XIII. SEVERABILITY:

If a court of competent jurisdiction finds any provision of this ordinance to be invalid or illegal under applicable federal or tribal law, such provision shall be severed from this ordinance.  The remainder of this ordinance shall remain in full force and effect.

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