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Subchapter 1 - General provisions
03-01-02 This Code is intended to establish procedures to insure fair elections. The provisions of this Code shall apply to the nomination and election of Tribal Officials, registration of voters, and shall establish general rules for the conduct of all Tribal elections. All provisions of this Code shall be complied with and no exceptions can be made without the consent of a majority vote of the Council. Frivolous technicalities shall not be used to interfere, delay or block elections, or to cause confusion, or the loss of confidence in the election system.
03-02-02 If any clause, sentence, paragraph, section, or part of this code shall, for any reason be adjudicated by any Court of competent jurisdiction, to be invalid or unconstitutional, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall have been rendered.
03-03-02 This Code shall be interpreted and applied in a manner consistent with all other Codes, Laws, Resolutions, and Regulations of the Sisseton-Wahpeton Sioux Tribe.
03-04-02 This Code may be amended only upon an affirmative vote of a majority of the Tribal Council of the Sisseton-Wahpeton Sioux Tribe.
03-05-01 Effect of headings
03-05-02 Headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any portion of this Code.
Subchapter 2 - Constitutional Provisions
03-06-01 Constitutional authority
03-06-02 Article III with regard to Organization, Article IV with regard to organization at the District level, and Article V with regard to Nominations and Elections, of the Sisseton-Wahpeton Sioux Tribal Constitution generally govern the matter of election.
03-07-01 Term of office for Council
03-07-02 Article III, Section 1 of the Sisseton-Wahpeton Sioux Tribal Constitution, sets forth the terms of office for members of the Council. Such terms shall run for a period of two (2) years commencing on the date of the first regular meeting in January of each odd numbered year and shall run until their successors have been elected and seated.
03-08-01 Term limits of office for Council
03-08-02 Article III, Section 3 of the Sisseton-Wahpeton Sioux Tribal Constitution, sets forth term limits of office for members of the Council. Any Council member or Executive Committee member shall serve no more than three (3) consecutive two (2) year terms for a total of six (6) years. Any Council member or Executive Committee member may again file for office after a two year time period.
Subchapter 3 - Qualifications of voters
03-09-01 Age requirements
03-09-02 All enrolled members of the Sisseton-Wahpeton Sioux Tribe, eighteen (18) years of age or over on the date of the Tribal Election, and who have registered for voting purposes in a District as described in Article IV, Section 1 of the Sisseton-Wahpeton Sioux Tribal Constitution, shall be considered a registered voter of the Tribe and of the District in which he/she is registered. Any enrolled member of the Tribe who will be eighteen (18) years of age on or before the date of any Tribal primary or general election shall be eligible to register to vote in a District, and shall be considered a registered voter if before the date of the primary or general election, he/she has attained the age of eighteen (18) and has registered to vote in accordance with the provisions of this Code.
03-10-01 District registration
03-10-02 A person classified as a new voter, who has not registered at the District level prior-to thirty (30) days before the date of the primary or general election, as the case may be, shall not be allowed to cast a vote for any District candidate for Council or for the Executive Officers of the Tribe. The provisions of this Section shall apply only to those voters classified as new voters, and shall have no effect on the status of currently registered voters. A person seeking to become anew voter must request membership in a Tribal District and be approved for such membership prior to sixty (60) days before the date of the primary or general election, as the case may be, in order to be considered a registered voter in such election. Not later than five (5) days after the approval of membership in a District of a person who would be qualified to vote in any primary or general election, the District shall transmit to the Tribal Enrollment Clerk the minutes of the District containing the approval of such membership. Upon receipt of such District minutes approved by Council, the Tribal Enrollment Clerk shall immediately add to the voting rosters the names of registered new voters.
03-11-01 Nonresident voters
03-11-02 Article V, Section 5 of the Sisseton-Wahpeton Sioux Tribal Constitution generally govern nonresident voting.
03-11-03 Nonresident voters shall register at the District of their choice or the District of their former residence.
03-11-04 The registration and qualification of nonresident voters shall be in accordance with the provisions of Section 03-10-02 of this Code.
03-11-05 Registered nonresident voters must vote in person in the District of their registration.
03-12-01 Duplicate registration
03-12-02 Any person whose name appears on two (2) or more voting rosters shall have his/her name stricken from all voting rosters and shall be required to reregister in accordance with the provisions of this Code.
03-13-01 Absentee ballots
03-13-02 Registered voters who are unable to cast a ballot at the duly authorized and established polling places due to seasonal employment, school attendance, illness, military service, physical disability or other emergencies (to be decided by the Reservation Election Board), shall be entitled to-cast their vote by absentee ballot, except in Special Elections and Run-Offs, due to time constraints in filling vacated positions.
03-13-03 In accordance with the provisions of this Section, the procedure for disbursement and collection of absentee ballots shall be carried out by the Reservation Election Board as prescribed in Section 03-13-07 of this Code.
03-13-04 No request for an absentee ballot will be considered less than fifteen (15) days prior to the primary election, and no primary election absentee ballot will be counted if received after the hour of 4:30 p.m. on the date of the primary election.
03-13-05 No request for an absentee ballot will be considered less than fifteen (15) days prior to the general election, and no general election absentee ballot will be counted if received after the hour of 4:30 p.m. on the date of the general election.
03-13-06 Notwithstanding the provisions of Sections 03-13-04 and 03-13-05 of this Code, the Reservation Election Board shall accept requests for an absentee ballot submitted after the designated deadlines where the circumstances giving rise to the request occurred after the applicable deadline date.
03-13-07 The Reservation Election Board shall give or mail ballots for absentee voting to registered voters upon request in sufficient time to permit the voter to execute and return same on or before the date of the primary or general election, as the case may be. Together with the ballot there shall be an inner envelope bearing on the outside the words "Absentee Ballot", a pre-addressed outer envelope, and a certificate in form as follows
I, HEREBY CERTIFY THAT I AM A MEMBER OF THE TRIBE OF INDIANS; THAT I AM OR WILL BE EIGHTEEN (18) YEARS OF AGE OR OVER AT THE ELECTION DATE AND I AM ENTITLED TO VOTE THE ELECTION TO BE HELD ON THE DAY OF 19____, AND THAT 1 CANNOT APPEAR AT THE POLLING PLACE ON THE RESERVATION ON THE~DATE OF THE ELECTION BECAUSE OF SEASONAL EMPLOYMENT, SCHOOL ATTENDANCE, ILLNESS, MILITARY SERVICE OR PHYSICAL DISABILITY,
I FURTHER CERTIFY THAT I MARKED THE ENCLOSED BALLOT IN SECRET.
SUBSCRIBED AND CERTIFIED BEFORE US THIS ____ DAY OF ____,
19 AND WE HEREBY CERTIFY THAT WE ARE OF ADULT AGE; THAT THE VOTER EXHIBITED THE BALLOT TO US UNMARKED; THAT HE/SHE THEN IN OUR PRESENCE AND IN THE PRESENCE OF NO OTHER PERSON, AND IN SUCH MANNER THAT WE COULD NOT SEE HIS/HER VOTE, MARKED SUCH BALLOT AND ENCLOSED AND SEALED THE SAME IN THE ENVELOPE MARKED
03-13-08 The voter in the presence of two (2) witnesses of adult age and of no other person, mark such ballot but in such a manner that such witness cannot know how the ballot was marked, and the ballot shall then in the presence of such witnesses, be placed in the envelope marked "Absentee Ballot" and the envelope sealed. The voter shall then execute and subscribe the certificate before such witnesses. He or she shall then place the sealed envelope marked "Absentee Ballot" together with the certificate in the outer envelope, and mail it or have it delivered. The pre-addressed outer envelope shall be directed to the Reservation Election Board. Absentee ballots must be received by the Reservation Election Board not later than 4:30 p.m. on the day of the Primary or General Election, as the case may be. The Reservation Election Board shall make and keep a record of ballots mailed, to whom mailed, the date of mailing, the address on the envelope, the date of the return of such votes after all other ballots have been counted and include them in the results of the election.
Subchapter 4 - Candidate for office
03-14-01 Qualification of candidates
03-14-02 Any enrolled member of the Sisseton-Wahpeton Sioux Tribe, twenty-one (21) years of age or older, shall be eligible to seek and hold office, either as an officer of the Tribe or as a member of the Council, provided:
1. That the candidate for either Chairman, Vice-Chairman or Secretary must
have been living within the original boundaries of the Reservation, which boundaries
shall include for purposes of this Code the towns of Browns Valley, Minnesota,
and Waubay, South Dakota, which towns immediately adjoin the reservation, for
at least one (1) year prior to the date of the general election.
2. That the candidate for Councilman must have been living within the original boundaries of the Reservation, which boundaries shall include the purposes of this Code the towns of Browns Valley, Minnesota, and Waubay, South Dakota, which towns immediately adjoin the reservation, and a member of the District which he/she seeks to represent for at least one (1) year prior to the date of the general election.
3. That a candidate shall not have been convicted of a felony.
4. That a candidate shall not have a dishonorable discharge from any branch of the Armed Forces and has provided the Reservation Election Board with a signed release of information form authorizing the Veterans Service Office to release to the Tribe information as to the candidate's military discharge.
5. That a candidate for an Executive Office is eligible for coverage under the Tribe's Executive Office position bond.
6. No tribal employee shall be allowed to sit on Council.
7. That any candidate for the Council, to include the executive positions, who has delinquent debts owed to the Sisseton-Wahpeton Sioux Tribe shall be ineligible to run for Council.
03-15-01 Manner of qualifying candidates.
03-15-02 Any Tribal member meeting the requirements of Section 03-14-02, subsections 1. through 7. may become a candidate for any office upon presentation to the Tribal Secretary a notice of intent to be a candidate and the office for which such candidacy is sought.
03-15-03 Notices of intent for the office of Tribal Chairman, Tribal Vice-Chairman and Tribal Secretary shall be filed with the Tribal Secretary not later than ninety (90) days prior to the general election. A filing fee of two-hundred fifty dollars ($250.00) shall accompany all notices of intent for these offices.
03-15-04 Notices of intent for Council positions shall be filed with the Tribal Secretary not later than sixty (60) days prior to the general election. A filing fee of two hundred dollars ($200.00) shall accompany all notices of intent for these positions.
03-16-01 Review by Election Board
03-16-02 All notices of intent to be a candidate shall be subject to review by the Reservation Election Board. It shall be the duty of the Reservation Election Board to determine whether the candidate-applicant meets the qualifications described in Sections 03-14-01 and 03-15-01 of this Code.
03-16-03 Any decision of the Reservation Election Board to disqualify a candidate may be appealed by that candidate to the Tribal Court within five (5) days of the Election Board's decision. Any decision of the Reservation Election Board to qualify a candidate may be appealed by any other qualified candidate for that position or a registered voter from the District of the challenged candidate within five (5) days of the Election Board's decision. In determining the appeal the Tribal Court shall not hear the matter anew, but instead shall determine whether the Election Board committed clear error in either qualifying or disqualifying a candidate. The Tribal Court shall determine the appeal within ten (10) days of the filing of the appeal. The Tribal Court determination of the appeal shall be final and no appeal may lie to the Northern Plains Intertribal Court of Appeals or any other appellate court of the Tribe.
03-17-01 Certification required
03-17-02 Any enrolled member of the Sisseton-Wahpeton Sioux Tribe shall be considered a candidate for Tribal Office when the Reservation Election Board presents to the Tribal Secretary a certification that the candidate applicant meets the qualifications described in Sections 03-14-01 and 03=15-01 of this Code. The certification required by this Section shall be filed with the Tribal Secretary not later than fifty (50) days prior to the general election for candidates seeking Executive Office and not later than forty (40) days prior to the general election for candidates seeking election to the Council.
Subchapter 5 Primary elections
03-18-02 This section shall apply to all candidates for Executive Office and Council positions.
03-19-01 Number of candidates
03-19-02 Where more than two (2) persons are candidates for an Executive office, the number of candidates shall be reduced by means of a primary election to a number not to exceed two (2) for any office. The two (2) receiving the most votes for any office at such a primary shall be the candidates for such office. If upon completion of the primary election, there exists a tie among the top three (3) selections, such tie shall be broken by a run-off election.
03-19-03 In any District where there are more than two (2) candidates per Council position, the number of candidates shall be reduced by means of a primary election to a number not to exceed two (2) candidates per Council position. If upon completion of the primary election, there exists a tie preventing the reduction of the number of candidates to two (2) per Council position, the tie shall be broken by a run-off election.
03-20-01 Notice of Primary Election
03-20-02 The Tribal Secretary shall post in the Tribal Office and in each District Center, at least fifteen (15) days prior to the primary election, the names of all qualified candidates, the office or offices for which the primary election is being held and the time and place of the primary election.
03-21-01 Time and place of primary elections.
03-21-02 In the event a primary election is needed to determine the candidates for Executive office or for Council, such election shall be held on a Tuesday at least thirty (30) days prior to the general election. The designated polling places shall be opened at 700 a.m. and shall close at 7:00 p.m. The location of each polling place shall be the District Center of each District unless another place is designated by the Reservation Election Board.
03-22-01 Run-off election.
03-22-02 In the event that a run-off election is required, such election shall be held within ten (10) working days following the primary election. The Tribal Secretary shall post in the Tribal Office and each District Center, at least five (5) days prior to the run-off election, the names of the candidates involved in the run-off and the office or offices for which the run-off election is being held.
03-22-03 No absentee ballots are allowed for run-off elections due to time constraints.
Subchapter 6 - General elections
03-23-01 Time and place of general elections.
03-23-02 The general election shall be held on the first Tuesday after the first Monday in November of even numbered years. The designated polling place shall be opened at 7:00 a.m. and shall close at 7:00 p.m. The location of each polling place shall be the District Center of each District unless another place is designated by the Reservation Election Board.
03-24-01 Notice of general election.
03-24-02 In addition to such notices as may be given by the Reservation Election Board, under Section 03-23-01 of this Code, the Tribal Secretary shall post in the Tribal Office and in each District Center, at least twenty (20) days prior to the general election, the names of all qualified candidates, the office or offices for which the general election is being held, and the time and place of the general election.
03-25-01 Run-off election
03-25-02 In the event that the general election results in a tie vote for any particular office, a run-off election shall be held within ten (10) working days following the general election to determine the person elected to occupy the office.
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Subchapter 7 - General Provisions for all Elections
03-26-01 Reservation Election Board establishment.
03-26-02 For the purpose of supervising Tribal Elections in accordance with this Code, there is hereby established the Reservation Election Board. The Board shall be comprised of four tribal members appointed by the Council. Candidates for any Tribal office shall not be eligible to serve on the Board.
1. Board members shall serve a term of four (4) years from the date of appointment.
The Board shall select one among its four members who shall serve a four year
term, one who shall serve a three year term, one who shall serve a two year
term and one who shall serve a one year term; subsequent appointments after
these terms expire shall run for four years.
2. Terms of office shall be staggered upon initial appointment to the Reservation Election Board.
3. The Board shall select from among its own members a Chair, Vice-Chair, and Secretary/Clerk. In the absence of the Chair, the Vice-Chair shall preside.
03-26-03 The seven (7) Tribal Districts shall be required to elect three (3) registered voters from their respective districts who are not candidates for any Tribal office to serve as a District Election Board member. District Election Boards shall be under the general supervision of the Reservation Election Board and shall conduct elections within the respective district in accordance with the Sisseton-Wahpeton Sioux Tribal Constitution and this Code.
03-27-01 Duties of the Reservation Election Board
03-27-02 It shall be the duty of the Reservation Election Board to:
1. Review all documents and determine the eligibility of all persons desiring
to vote in the primary and general election.
2. Prepare a listing of the registered voters within each District.
3. Assure that the official voting list for each respective District is submitted to the Tribal Secretary for posting within that District no less than thirty (30) days prior to the election.
4. Allow only those registered voters whose names appear on the District voting lists to vote in the election.
5. Supervise the general conduct of elections.
6. Resolve all disputes arising from the tabulation of ballots cast, including absentee ballots.
7. Provide necessary election supplies to all polling places.
8. Meet with all members of the Reservation Election Board and the District Election Board members for the purpose of clarifying the conduct and procedures of the election.
9. Make rules and regulations governing elections, not in conflict with the provisions of this Code.
03-28-01 Conduct of elections
03-28-02 Each District Election Board shall appoint from its own membership, two (2) judges of election and a clerk of election. It shall be the responsibility of the District Election Boards to make arrangements for voting booths or other facilities which will assure a secret ballot, pick up from the Reservation Election Board all election supplies needed for the District, and to establish such records as are required by the Code.
03-28-03 It shall be the responsibility of the Judges of the District Election Boards to verify in the presence of the other members of the District Election Board, that the ballot box is empty of all ballots prior to the opening of the polls and that the ballot box is then padlocked.
03-28-04 The judges shall count the ballots provided by the Reservation Election Board and record the number of ballots received. The judges shall open the polls at the prescribed time, shall authorize additional ballots for voters if others have been spoiled, shall keep record of all spoiled ballots, and shall keep all spoiled ballots separated from other ballots and deliver such ballots to the Reservation Election Board along with the ballot box.
03-28-05 The clerk of election shall assist the judges in carrying out the responsibilities of the District Election Board. The clerk of election shall be assigned all record keeping duties and shall assist the voter by determining whether they are registered to vote, by providing registered voters with a ballot, by obtaining the signature and current address of each registered voter in a poll book of those persons given ballots, and by assisting any voters indicating a need for help. The clerk shall assist in the tally of voters cast.
03-29-02 The Reservation Election Board shall provide each of the District Election Boards with ballots indicating that it is the official election ballot by the appearance of the names of qualified candidates for District Councilman in their respective districts and the names of qualified candidates for Chairman, Vice-Chairman and Secretary. Instructions for the use, protection and tabulation of ballots shall also be provided to the District Election Boards.
03-30-01 Conduct of election officials
03-30-02 Election officials shall not be absent from the duties of their positions from the opening of the polls until all ballots have been counted and secured in the ballot box and delivered to the Reservation Election Board. In addition, election officials shall not express any preference for any candidates.
03-31-01 Ballots and method of casting votes
03-31-02 Ballots shall be secret and shall be cast by dropping into locked ballot boxes. The use of stickers and write-ins will not be recognized as a legal method of balloting for any Tribal election and the use of stickers and write-ins shall disqualify the ballots.
03-32-01 Candidate monitors
03-32-02 Each of the candidates shall be entitled to have a monitor at the voting and at the tallying but such monitors shall in no way interfere with the conduct of the election.
03-32-03 Monitors are required to be certified by the Reservation Election Board one (1) day prior to Election Day.
03-32-04 Monitors interfering with elections may be removed at the discretion of the Reservation Election Board.
03-33-02 Campaigning within one hundred (100) feet of the polling place is prohibited.
03-34-02 No loitering on the premises of the polling place is to be permitted during voting hours.
03-35-01 Notice of election
03-35-02 The Reservation Election Board shall notify registered voters of the dates, polling places and time of polling. Notification shall be published in at least two (2) local newspapers for at least four (4) consecutive weeks prior to each election.
03-35-03 The Notice of election shall also invite qualified candidates to file a notice of intent of their candidacy for Council at least sixty (60) days prior to the general election, and for Executive Office at least ninety (90) days prior to the general election.
03-36-01 Certification of election results
03-36-02 Except as provided in Section 03-41-03 the Council shall certify all election results.
03-36-03 Any recount challenge to the election results shall be made by the candidate immediately prior to the Council certifying the election results.
Subchapter 8 - Election contests
03-37-02 The Sisseton-Wahpeton Sioux Tribal Court shall have jurisdiction to hear and determine all challenges to election procedures and to the outcome of any primary or general election.
03-38-01 Contest of primary election
03-38-02 Any challenge to the procedures used in or the outcome of any primary election must be filed as a civil action in the Tribal Court within five (5) working days following the primary election.
03-38-03 The Tribal Court shall hear and determine any action involving the validity of any primary election or the procedures used therein within ten (10) working days following the filing of the action.
03-38-04 No primary election shall be voided where the procedures were basically fair and the challenge, if sustained, would not alter the outcome.
03-38-05 Any decision of the Tribal Court of an action challenging the procedures used in or the outcome of a primary election shall not be subject to appeal.
03-39-01 Contest of general election
03-39-02 Any challenge of the procedures used in or the outcome of the general election must be filed as a civil action in the Tribal Court within ten (10) working days following the general election. The contestee shall file an answer to the complaint within five (5) days following service.
03-39-03 The Tribal Court shall hear and determine any action challenging the validity of the general election or the procedures used therein within thirty (30) working days following the filing of the action.
03-39-04 No general election shall be voided where the procedures were basically fair and the challenge, if sustained, would not alter the outcome.
03-39-05 Any decision of the Tribal Court of an action challenging the procedures used in or the outcome of a general election shall not be subject to appeal.
03-40-01 Grounds for an election contest
03-40-02 An election contest shall be limited to challenging the involvement of illegal votes, erroneous voting, the erroneous denial of the right to vote, fraudulent voting, or the erroneous or fraudulent count, canvass or recount of votes.
03-41-01 Judgement in an election contest action
03-41-02 The Tribal Court shall pronounce judgement on which candidate was elected or on which candidate won the primary election.
03-41-03 The person declared elected by the Tribal Court shall take possession and discharge duties of the office. In the case of the primary election, the persons who have been declared by the Tribal Court as the winners of the primary election shall be the candidates in the general election.
03-41-04 If the Court declares that the election resulted in a tie, the election shall be determined by a run-off election to be held within ten (10) working days following the decision of the Court.
03-41-05 If the Court sets aside a general election, the office shall be deemed vacant and any Council certification of election previously issued shall be deemed annulled. The vacancy shall be filled through a new general election. If a new election has not been completed at the expiration of the incumbent's term of office, the vacancy shall be temporarily filled by the Council in accordance with Article VI, Section 1 of the Sisseton-Wahpeton Sioux Tribal Constitution.
03-41-06 If the judgment of the Court does not result in confirming the election of a candidate and no candidate elected has been confirmed by the expiration of the incumbent's term of office or the election contest, if decided, has not resulted in the completion of procedures to fill the office, the office shall be filled in accordance with Section 03-41-05 of this Code. The office shall be temporarily filled by the Council in accordance with Article VI, Section 1 of the Sisseton-Wahpeton Sioux Tribal Constitution.
Subchapter 9 - Recall election procedure
03-42-01 Constitutional provisions
03-42-02 Article VI, Section 3 of the Sisseton-Wahpeton Sioux Tribal Constitution provides for recall elections.
03-43-01 Conduct of recall elections
03-43-02 The following rules shall apply to the conduct of recall petitions.
1. Registered voters may voluntarily sign a petition.
2. No member shall be harassed or coerced into signing a petition.
3. No fraudulent representation shall be made to potential signers as to the merits of the petition.
4. No signatures shall be obtained from a member who is intoxicated.
5. No signatures shall be obtained in bars or drinking establishments.
6. No person shall sign for another person.
7. Tribal employees must comply with the Sisseton-Wahpeton Sioux Tribal Personnel Policies regarding recall petitions.
8. Tribal employees or members may not use Tribal vehicles, facilities, equipment or phones for the purposes of recall election procedures.
9. No person, while circulating a recall petition, shall interfere with the performance of duties of any Tribal employee.
10. Each person who is asked to sign a petition shall be allowed to inspect the Election Code and the Petition.
11. The person or persons who initiate a recall shall present the petition to the Council.
03-44-01 Petition form
03-44-02 The only applicable form for a recall petition is in this Code with the following data:
1. Petition is identified as a "recall petition".
2. Petition identifies the individual on who it is being recalled.
3. Petition cites, the Constitutional authority.
4. Petition has the following language:
WE, THE UNDERSIGNED TRIBAL MEMBERS DO HEREBY REQUEST A RECALL ELECTION ON , IN ACCORDANCE WITH THE RECALL PROVISION OF THE TRIBAL CONSTITUTION.
03-45-01 Verification of signatures
03-45-02 The following rules shall apply to the conduct of recall petitions:
1. The petition shall be presented to the Reservation Election Board by the
person or persons who initiated the petition, at least two (2) weeks prior to
the Council meeting at which it is to be presented.
2. The Reservation Election Board shall check each signed name against the respective voting roster(s) kept by the Enrollment Department.
3. The Reservation Election Board shall post a copy of the petition in the applicable district(s) at least five (5) days before presentation to Council.
4. Any person disputing his or her own signature must notify the Reservation Election Board within five (5) days, or the signature will be considered valid.
5. Once the petition is presented to the Reservation Election Board, no signatures except as provided for herein, shall be added to or deleted from the petition.
6. After verification of the signed names with the voting rosters, the Reservation Election Board shall return the petition to the person or persons who initiated it for presentation to the Council. The Council shall make a determination as to whether the petition is valid. The petition shall be declared valid by motion of the Council and a recall election shall be called.
03-46-01 Limitation on recall elections
03-46-02 Only one recall election will be allowed against any Council member or Executive for any one term of office.
03-47-01 Applicability of election code and notice
03-47-02 Upon validation of the petition, the Tribal Chairman shall notify the Reservation Election Board and call for a recall election. The Reservation Election Board shall immediately give at least thirty (30) days notice of the date, time and polling place(s) of the recall election to respective district members in case of a recall of a Councilman or to Tribal members-at-large in case of a recall of a Tribal Executive. Recall elections shall be conducted in accordance with the general provisions of the Election Code where applicable and not in conflict with this Subchapter.
03-48-02 The filling of any vacancy of office resulting from a recall election shall be governed by Article VI, Section 1 of the Sisseton-Wahpeton Sioux Tribal Constitution.
SAMPLE RECALL PETITION
Pursuant to Article VI of the Sisseton-Wahpeton Sioux Tribal Constitution - Vacancies, Removal and Recall from Office, Section 3. "The voters of any District, by petition signed by ten percent (10%) of the registered voters in the District, may request the recall of a District Councilman for improper conduct. The recall of members of Executive Committee may be requested by a petition signed by twenty percent (20%) of the registered voters from the whole Reservation. The Council shall hold a special election on all such recall petitions. Any resulting vacancies shall be filled under Section 1 of this Article. No more than one recall election for each Councilman or Officer shall be held for each term of office."
WE, THE UNDERSIGNED TRIBAL MEMBERS DO HEREBY REQUEST A RECALL ELECTION ON
NAME OF INDIVIDUAL
IN ACCORDANCE WITH THE RECALL PROVISIONS OF THE TRIBAL CONSTITUTION.
PRINT NAME SIGNATURE DISTRICT DATE
Subchapter 10 - Violations
03-49-01 Civil penalty
03-49-02 In a civil action brought in the Tribal Court, any person or entity found to have violated any section- of this Code by clear and convincing evidence shall be subject to a civil penalty in an amount not to exceed $5,000.00.
03-50-01 Costs and attorney fees recoverable
03-50-02 In any action brought pursuant to 03-49-01, if the Court finds that a violation has occurred, the Court may, in addition to imposing the penalty prescribed by 03-49-02 require the violating party to pay the costs and attorney fees sustained by the Tribe in bringing the action.
03-50-03 In any action against the Tribe or the Reservation Election Board alleging a violation of this Code or any other law applicable to elections, where the Tribe or the Reservation Election Board is the prevailing party, upon a finding that the express language of this Code, any other law applicable to elections, or the Court's precedents render the claims insubstantial or without merit, may award costs and attorneys fees to the Tribe.
Chanter 3 - Election Code adopted:
Chanter 3 - Election Code amendments:
02/82 Addition of Chapter VIII. Recall Election Procedure
04/20/88 03-09-02 Filing fee for Tribal Executives increased from $100.00 to $115.00.
04/20/88 03-09-03 Filing fee for Tribal Council positions increased ham $50.00 to $65.00.
06/11/98 Title Chapter 3 Election Ordinance was amended to Chapter 3 Election Code and document was reformatted for consistency of the Tribal Code.
06/11/98 03-08-02 Addition of term limits of office for Council due to constitutional revision.
06/11/98 03-13-02 Deletion of incarceration as a condition to request an absentee ballot. 06/11/98 03-15-02 (1.)Treasurer amended to Vice-Chairman due to constitutional revision.
0611/98 03-15-03 Filing fee for Tribal Executives increased from $115.00 to $250.00.
06/11/98 03-15-04 Filing fee for Tribal Council positions increased from 865.00 to $200.00.
06/11/98 03-16-03 Appeal to the Tribal Court regarding qualifications shah not be heard anew but instead shad determine whether the Election Board committed clear error in either qualifying or disqualifying a candidate. The Tribal Court determination shall be final and non-appealable due to time constraints.
06/11/98 03-26-02 Reservation Election Board appointment changed from election year to four (4) year staggered terms to provide continuity.
06/11/98 03-49-01 Addition of civil penalty section to deter violations.
06/11/38 03-50-01 Addition of costs and attorney fees recoverable section.
1998 TRIBAL ELECTION DEADLINE DATES TO REMEMBER:
JULY DISTRICT MEETINGS (WITH NEW MEMBERSHIPS) ACS AT THE AUGUST TRIBAL COUNCIL MEETING IS THE DEADLINE TO CHANGE AND/OR UPDATE ROSTERS PRIOR TO THE PRIMARY~ELECTION.
JUNE 15, 1998: Candidates invited to file NOTICE OF INTENT with Tribal Secretary.
JULY 22, 1998, 4:30 P.M., Deadline to file NOTICE OF INTENT with Tribal Secretary to run for TRIBAL EXECUTIVE Positions. Filing Fee: $250.00.
AUGUST 14, 1998, 4:30 P.M., Deadline to file NOTICE OF INTENT with Tribal Secretary to run for TRIBAL COUNCIL Positions. Filing Fee: $200.00.
AUGUST DISTRICT MEETINGS (WITH NEW MEMBERSHIPS) ACCEPTED AT THE SEPTEMBER TRIBAL COUNCIL MEETING IS THE DEADLINE TO CHANGE AID/OR UPDATE VOTING ROSTERS PRIOR TO THE GENERAL ELECTION.
SEPTEMBER 14, 1998, 4:30 P.M.: Deadline for RECEIPT OF REQUEST FOR ABSENTEE
BALLOTS for Primary Election.
SEPTEMBER 14, 1998: CERTIFICATION OF CANDIDATES FOR TRIBAL EXECUTIVE POSITIONS.
SEPTEMBER 14. 1998: CERTIFICATION OF CANDIDATES FOR TRIBAL COUNCIL POSITIONS.
SEPTEMBER 14. 1998: DEADLINE TO POST NOTICES BY TRIBAL SECRETARY, OF ALL QUALIFIED CANDIDATES AND THE OFFICES) FOR WHICH THE PRIMARY ELECTION IS BEING HELD; AND THE TIME AND PLACE OF THE PRIMARY ELECTION.
SEPTEMBER 21, 1998, 4:30 P.M.: DEADLINE TO APPEAL TO THE TRIBAL COURT ON THE QUALIFICATION OR DISQUALIFICATION OF CANDIDATES.
SEPTEMBER 29. 1998: PRIMARY ELECTION, Polling places at the (7) seven district centers, 7:00 A.M. - 7:00 P.M.
OCTOBER 6. 1998 4:30 P.M.: DEADLINE TO CHALLENGE OR CONTEST TO THE TRIBAL COURT ON THE PRIMARY ELECTION.
OCTOBER 14. 1998: DEADLINE TO POST NOTICES OF ALL QUALIFIED CANDIDATES AND THE OFFICES) FOR WHICH THE GENERAL ELECTION IS BEING HELD, AND THE TIME AND PLACE OF THE GENERAL ELECTION.
OCTOBER 19. 1998, 4:30 P.M.: Deadline for RECEIPT OF REQUEST FOR ABSENTEE BALLOTS for the General Election.
OCTOBER 20. 1998: DEADLINE FOR RUN-OFF ELECTION, IN THE EVENT OF A TIE.
NOVEMBER 3. 1998- GENERAL ELECTION, Polling places in the (7) seven district centers, 7:00 A.M. - 7:00 P.M.
NOVEMBER 17, 1998 - DEADLINE TO CHALLENGE OR CONTEST TO THE TRIBAL COURT ON THE GENERAL ELECTION.
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