Seal of the Otoe Missouria Tribe
Visit OM Tribe on Facebook

ELECTION AND VOTING ORDINANCE OF THE
 OTOE-MISSOURIA TRIBE OF INDIANS

Presented by G. William Rice, 2003 Election Judge pusuant to the request of the Otoe-Missouria Tribal Council.

RESOLUTION OMTC #082999 FY2003



BE IT ENACTED BY THE OTOE-MISSOURIA TRIBE OF INDIANS

 
SECTION I: CITIATION
This act may be cited as the Otoe-Missouria Election Ordinance of 1984.

[History: OMTC #30 FY-84, August 6, 1984]

Notes: OMTC #102 FY-98, July 15, 1998, and OMTC #103, July 15, 1998, both require that an official amended copy of the Election Ordinance by kept in the Masterfile in the Executive Director's Office and at least one (1) copy be kept in the Tribal Court Clerk's Office, and that all other copies of the Election Ordinance are to be conformed to the official copies. 

SECTION II: PURPOSE
It is the intent of this ordinance to establish guidelines, rules, and procedures to govern the election process, the rights of tribal officials, and the rights of tribal members through a fair and equitable manner.

SECTION III: AUTHORITY
This ordinance is hereby established in accordance with Article VII, Section Three (3) of the Tribal Constitution of the Otoe-Missouria Tribe of Indians.

SECTION IV: DEFINITIONS
The following terms and phrases, when used in this ordinance, shall have the meaning ascribed to them, except where the context clearly indicates a different meaning:

(a)                Initiative Election – refers to the procedure enabling a specific number of tribal member/voters to petition and/or propose, laws, acts, or provisions to the governing body.  Must be consistent with Article X, Section (1) of the Tribal Constitution.

(b)               Recall Election – shall refer to the right or procedure by which a tribal official may be removed from office by a vote of tribal members.  Must be consistent with Article VII, Section (10) of the Tribal Constitution.

(c)                Referendum Election – the principle of practice of the submission of a proposed public measure or actual statue to a direct popular vote.  Must be consistent with Article X, Section (2) of the Tribal Constitution.


CHAPTER ONE
ELECTION BOARD

SECTION 101: ELECTION BOARD CREATED
There is hereby created and established an Election Board of the Otoe-Missouria Tribe  of Indians, which shall have the duties and powers hereinafter mentioned, and which shall conduct all Tribal Elections, including Initiative, Recall, and Referendum votes in compliance with this ordinance and in accordance with the Tribal Constitution of the Otoe-Missouria Tribe of Indians.

SECTION 102: ELECTION BOARD COMPOSITION

The Election Board shall consist of four (4) members which shall be composed of:

(1)        Election Board Chairman

(2)        Secretary

(3)        Assistant Secretary

(4)        Marshall

The four (4) Member Election Board shall be elected on an at-large basis at the first annual General Council meeting scheduled after the ratification of the Tribal Constitution.  The Election Board shall determine who shall serve as officers of the Election Board at the first scheduled Election Board meeting by a popular vote of the four (4)  Board Members. Poll workers may be appointed by the Election Board to assist during tribal elections.

SECTION 103: ELECTION BOARD ELIGIBILITY
Any person who desires to become a candidate for election or appointment to the Election Board must meet the qualifications set forth below:

(a)               Must  be an enrolled member of the Otoe-Missouria Tribe.

(b)               Must be at least twenty-five (25) years of age.

(c)                Must be duly registered to vote in the tribe’s voter registration system.

(d)               Must not have been convicted of a felony by a court of competent jurisdiction.

(e)               Must not be a candidate for, or be on the Tribal Council.

SECTION 104: TERMS OF OFFICE
The terms of office of the Election Board shall be staggered with one (1) position filled for a one (1) year term, one (1) shall be for a term of two (2) years, another shall be filled for a three (3) year period, and the remaining position shall be filled for a four (4) year term of office.

Thereafter, elections for filling the vacancy that occurs each year on the Election Board shall be on an at-large basis, to be handled by the Election Board at the next annual General Council meeting, and those elected shall serve for four (4) year terms or until their successors are duly elected and installed.

If there is a position vacant, due to a lack of a candidate, the vacancy shall be filled by the Tribal Council appointing a person who qualifies for election of such position.  The vacancy shall only be filled no longer than the next annual General Council meeting, at which time an election must be conducted to fill the vacancy for the unexpired term.

SECTION 105: OATH OF OFFICE
The Oath of Office shall be administered by an appropriate tribal member chosen by the Election Board.  The Oath of  Office shall be: ‘ I  , do hereby solemnly swear, or affirm, that I will support, protect, and defend the Constitution of the Otoe-Missouria Tribe of Indians of Oklahoma, and will cause the elections of the Otoe-Missouria Tribe to be conducted fairly, impartially, and in accordance with the laws of the Otoe-Missouria Tribe, so help me God”.

SECTION 107: MEETINGS
 (a)                A quorum shall consist of three (3) members of the Election Board.  No enactment of the Tribal Election Board will have any validity in the absence of a quorum.

(b)               Regular Election Board Meeting – There shall be four (4) regular meetings throughout the year, the Chairman of the Election Board shall set the date of the regular meetings.

(c)                Special Meetings – Special Meeting may be called at the discretion of the Chairman of the Election Board.

(d)               All meetings sall be subject to seventy-two (72) hours prior notice. Notice to the election Committee Members shall be in writing and sent via fax or mail or e-mail or hand delivery. Notice to the public shall be by posting in a public place.

SECTION 108: RECORDS
The Election Board shall maintain complete and accurate minutes of its meetings and each record pertaining to an election.  A copy of these records shall be filed with the Tribal Secretary’s Office.

SECTION 109: DUTIES
(a)                Chairman – The Election Board Chairman shall be the presiding member and shall be responsible for the overall activities of the Election Board, including safekeeping of the ballots and the ballot box(es).

(b)               Secretary – The Secretary shall record and maintain accurate minutes of meeting and records pertaining to an election.

(c)                Assistant Secretary – The Assistant Secretary shall assist the Secretary and serve in the Secretary’s absence, and assist in the conduct of the elections.

(d)               Marshall – The Marshall shall maintain order at the polls and enforce the election laws.  The Marshall shall have these powers from the time the polls open until the declaration of all elections results are final.

(e)                It shall be the duty of all members of the Election Board to become thoroughly familiar with the Otoe-Missouria Election Ordinance, to see that it is vigorously followed, and to immediately document and report any violation of this ordinance, or other laws, to the Election Board. No Member of the Election Board is authorized to take any official action without prior approval by a majority of a quorum at a duly called meeting.

(f)                Poll Workers -  Poll workers shall assist in the election procedures and shall perform such duties as may be prescribed by the officers of the Election Board.  The poll workers shall be reimbursed.

CHAPTER TWO
OTOE-MISSOURIA TRIBAL COUNCIL

SECTION 201: TRIBAL COUNCIL COMPOSITION
The representative governing body of the Otoe-Missouria Tribe shall be the Tribal Council composed of seven (7) tribal members elected by secret ballot by the qualified voters of the tribe.  The Otoe-Missouria Tribe shall consist of the following positions:

(1)        Chairman                                                         (5)        1st Council Member

(2)        Vice-Chairman                                                (6)        2nd Council Member

(3)        Secretary                                                         (7)        3rd Council Member

(4)        Treasury

SECTION 202: OTOE-MISSOURIA TRIBAL COUNCIL ELIGIBILITY
A proposective candidate for elective office of the Otoe-Missouria Tribal Council must comply with all of the following requirements in accordance with Article VII, Section (5) of the Tribal Constitution:

(a)                Be an enrolled member of the Otoe-Missouria Tribe;

(b)               Be at least twenty-five (25) years of age;

(c)                Be duly registered to vote in this election;

(d)               Be bondable; and

(e)                Not have been convicted of a felony by a court of competent jurisdiction.

(f)                AMENDED RESOLUTION OMTC# 78152 FY2009 JUNE 11, 2009. Be willing to take a drug test.

Paragraph (d) of this section shall apply only to persons running for the offices of Treasurer, Secretary, First Council Member, Second Council Member, and Third Council Member. 


SECTION 203: TERM OF OFFICE OF THE TRIBAL COUNCIL
The Chairman, Secretary, 1st Council Member, and 2nd Council Member shall be elected to serve until their successors are installed following the November, 1986, regular election.  The Vice-Chairman, Treasurer, and the 3rd Council Member shall be elected to serve until their successors are installed following the first regular election to be held in November, 1985. Thereafter, all terms of office shall be for three (3) years or until successors are duly elected and installed.

SECTION 204: DECLARATION OF CANDIDACY
A qualified member who desires to be a candidate for the Tribal Council shall file a declaration of candidacy and certification of eligibility on a form provided for that purpose by the Election Board.  Such notice shall be filed in person, or by mail with the Chairman, Election Board, Otoe Agency, Red Rock, Oklahoma, 74651, and must filed no sooner than sixty (60) days and no later than forty-five (45) days before the election, which is held the first Saturday of November.  No person shall be a candidate for more than one (1) office at any one time.

CHAPTER THREE
GENERAL PROVISIONS

SECTION 301: FILING FEE
AMENDED RESOLUTION OMTC# 78152 FY2009 JUNE 11, 2009. There shall be a non-refundable filing fee of five hundred dollars ($500.00) for prospective candidates to the Tribal Council. This amendment replaces the former ordinance which read "There shall be a non-refundable filing fee of one hundred dollars ($100.00) for prospective candidates to the Tribal Council."

The filing fee shall be paid by certified check or money order to the Election Board.  The filing fee shall be paid on the same date the prospective candidate submits his/her declaration of candidacy.  This filing fee shall be used to defray expenses incurred during the election process. There shall be no filing fee for the Election board.


SECTION 302: WITHDRAWALS
Any candidate for office (Tribal Council) may withdraw by filing a written notice of withdrawal with the Election Board at any time, but not less than ten (10) days prior to the election.  Such notice shall contain the candidates name and the office for which he is a candidate.

SECTION 303: PROCEDURE ON WITHDRAWAL
If a candidate withdraws, the Election Board shall post notices to that effect at all polling places and within the voting booths, and make line through or otherwise obliterate the candidate name from the ballots.  Any votes cast for a withdrawn candidate shall be disregarded.

SECTION 304:  TESTING QUALIFICATIONS OF CANDIDATES
The Election Board shall review all filings for tribal office (Tribal Council), whether challenged or not, to determine that the prospective candidates meet the qualifications set forth in the Otoe-Missouria Tribal Constitution.  The Election Board shall make these determinations two (2) weeks before the tribal elections.  If the Election Board determines that a person is not eligible to be a candidate, the Election Board shall so notify that person by certified mail, stating the reasons for the decision.

SECTION 305:  CHALLENGE OF CANDIDATES
AMENDED RESOLUTION OMTC# 78152 FY 2009 JUNE 11, 2009. Any registered voter may challenge the eligibility of any person to be a candidate by filing with the Election Board a written statement setting forth the grounds for the challenge and a refundable filing fee of one thousand ($1,000.00) dollars paid by cashier check, if they win the challenge. Any such challenge shall be filed within three (3) business days after the closing of the filing period.  Each petition shall state the reasons the candidate is not eligible to file for office.

OMTC #782152 FY 2009 June 11, 2009 replaces the previous ordinance which read: "Any registered voter may challenge the eligibility of any person to be a candidate by filing with the Election Board a written statement setting forth the grounds for the challenge."

  

SECTION 306: PROCEDURE FOR HEARING
Upon receiving a petition pursuant to Section 305, the Election Board shall deliver a copy to the challenged candidate and set a hearing to decide the contest, within a seventy-two (72) hour period. No formal pleading shall be required. 

The Election Board may subpoena witnesses and take testimony under oath.  In all cases, the burden of proof shall be on the petitioner.  The decision of the Election Board may be appealed to the Tribal Council, and such appeal shall be heard by the Election Appeals Judge as provided in Section 419 of this ordinance.

SECTION 307: VACANCIES
If a vacancy occurs during the first two (2) years of office for position on the Tribal Council, the Election Board shall hold a special election to fill the position within a period of ninety (90) days after the vacancy occurs.  Vacancies occurring in the last year of the elected term shall be filled by the Tribal Council appointing a person who meets the qualifications for election to that position.

SECTION 308: LACK OF CANDIDATES
If there are positions on either the Tribal Council or the Election Board, Which are vacant due to a lack of candidates, those positions shall be considered vacant and filled in accordance to Section 307 of this ordinance.

SECTION 310: METHOD OF DETERMINING CANDIDATE ELIGIBILITY
(a)       No person shall be denied a place on the ballot for any Otoe-Missouria Tribal Election by the Election Board on the grounds that said person is not a member of the Otoe-Missouria Tribe unless it affirmatively appears that the prospective candidates' name does not appear on the official tribal roll as of the date such determination of eligibility is made. The term "official tribal roll" means the latest official compilation by the Otoe-Missouria Tribe of a roll showing its members and any resolutions of the Tribal Council after the date of such roll which add names to, or delete names from said roll.

(b)       No person shall be denied a place on the ballot for any Otoe-Missouria Tribal Election by the election Board on the grounds that said person is not at least twenty-five (25) years of age, unless it affirmatively appears through a birth certificate, driver's license, school record, personal knowledge of a witness or other evidence admissible in the Tribal Court, that the prospective candidate is less than twenty -five (25) years of age. 

(c)        No person shall be denied a place on the ballot for any Otoe-Missouria Tribal Election by the Election Board on the grounds that said person is not duly registered to vote in the election unless it affirmatively appears that such person should not have been duly registered in the tribe's voter registration system for the election in question or is not qualified to be registered to vote in the tribe's voter registration system.

(d)       OMTC #08-29-99 FY2003, adopted on August 29, 2003: Section 310 (d) Addition to include Chairman and Vice-Chairman to be inserted into the first sentence as stated : No person shall be denied a place on the ballot as Chairman, Vice Chairman, Treasurer, Secretary or as the Three Council Members for any Otoe-Missouria Tribal Election by the Election Board on the grounds that said person is not bondable unless it affirmatively appears that at least three bonding companies have denied the prospective candidate coverage under their bond in writing, and the prospective candidate has not, within ten days after written notice thereof, supplied a bond commitment in writing to the Election Board which meets the standards for elective position bonds established by the Tribal Council.

Formerly read: "No person shall be denied a place on the ballot as Treasurer, Secretary, or as the Three Council Members for any Otoe-Missouria Tribal Election by the Election Board on the grounds that said person is not bondable unless it affirmatively appeas that at least three bonding companies have denied the prospective candidate coverage under their bond in writing, and the prospective candidate has not, within ten days after written notice thereof, supplied a bond commitment in writing to the Election Board which meets the standards for elective position bonds established by the Tribal Council."

(e)       No person shall be denied a place on the ballot for any Otoe-Missouria Tribal Election by the Election Board on the grounds that the perspective candidate has been convicted of a felony by a court of competent jurisdiction except upon written proof of judgment and sentence entered by a court of competent jurisdiction against the prospective candidate for a felony offense in the jurisdiction in which the judgment and sentence was entered. 

(f)        Notwithstanding the foregoing, a person may be denied a place on the ballot for any Otoe-Missouria Tribal Election if that prospective candidate admits in writing facts which would make the prospective candidate ineligible for office pursuant to the Constitution and laws of the Otoe-Missouria Tribe.

(g)       OMTC #08-29-99 FY2003, adopted on August 29, 2003: Notwithstanding the foregoing, a person may be denied a place on the ballot for any Otoe-Missouria Tribal Election if that prospective candidate is indebted delinquently to the Otoe-Missouria Tribe through any election dispute and will continue to be denied until all monies have been recovered. History: This section was added to the Election Ordinance by OMTC #130 FY-91, October 17, 1991.


SECTION 311: POLICE CHIEF TO ASSIST ELECTION BOARD
In reviewing the prospective candidates to determine wheather any of them have been convicted of a felony, the Election Board shall transmit the names of all prospective candidates and the fees required for a record check to the Chief of the Otoe-Missouria Tribal Police. The Chief of the Otoe-Missouria Tribal Police shall obtain from tribal, state, and federal law enforcement agencies any information available which would show that any of the prospective candidates have been convicted of a felony and shall certify to the Election Board in writing whether a record showing a felony conviction has been found for each prospective candidate, and if so, the date, court, case number, and jurisdiction in which a felony judgement and sentence has been entered.


SECTION 312: SUMMARY APPEALS OF ELECTION BOARD ACTIONS
(a)       Any person aggrieved by an action of the Election Board approving or disapproving a prospective candidate from appearing on the ballot or a prospective voter from appearing on the voting list may take a summary appeal from the action of the Election Board to the election appearls Judge appointed by the Tribal Council pursuant to Section 419 of this ordinance.

(b)       The summary appeal shall be by written notice to the Tribal Council or Judge, with a copy delivered to the Tribal office for the Election Board, within forty-eight hours after notice of the action of the Election Board complained of or after the time for action by the Election Board has expired. No formality shall be required, but the notice shall state the act or failure to act complained of. Failure of the Election Board to certify a candidate within the time prescribed shall be deemed a denial and shall give rise to a right of appeal to the election appeals Judge.

(c)       Within forty-eight (48) hours after receipt of the notice, the Judge shall hear and decide the issues presented by the appeal and make a ruling as to whether a prospective candidate may appear on the ballot and whether a prospective voter can vote in the election.

(d)       This section is intended to provide a summary pre-election review of decisions of the election Board respecting candidate and voter eligibility. Therefore, the decision of the Judge is final and conclusive as to whether a person is entitled to appear as a candidate or to cast a vote in a particular election and the final decision of the Judge shall not be subject to challenge in any other forum prior to the election.

(e)       If the forty-eight (48) hour time period mentioned in (b) and (c) expired on a Saturday, Sunday, or legal holiday, the time shall be extended until 6:00 p.m. on the next day the Tribal Office is open for business.

History: This section was added to the Election Ordinance by OMTC #130 FY-91, October 17, 1991


CHAPTER FOUR
THE VOTING PROCESS

SECTION 401: ELECTION NOTICE
An Election Notice shall be prepared by the Election Board and mailed to the adult enrolled members of the Otoe-Missouria Tribe at his/her last known address, no later than ninety (90) days prior to the tribal election or special elections.  The Election Notice shall also be sent to the media for publishing and posted in such places as, the Tribal Complex, the Housing Authority, and the Red Rock Post Office.

The Election Notice shall include, but not be limited to, the following information:

(a)                The Election date

(b)               The purpose of  the Election

(c)                A deadline date for registration to vote

(d)               Where the Election will be

(e)                When and where the results of the Election will be posted

(f)                A deadline date for filing for candidacy

SECTION 402: VOTER QUALIFICATIONS
In order to be a qualified voter, the following requirements must be met:

(a)                An enrolled member of the Otoe-Missouria Tribe

(b)               At least eighteen (18) years of age on the date of the election, and

(c)                Be duly registered to vote in the tribe’s voter registration system.

 

SECTION 403: VOTER REGISTRATION
The Otoe-Missouria Tribal Voter Registration System shall consist of a list of all members of the Otoe-Missouria Tribe reflected by the official Tribal Rolls who are eighteen years of age or older on the date of the election. It shall be the duty of the Tribal Secretary to compile a list of all enrolled members of the Otoe-Missouria Tribe who are or will be at least eighteen years of age on the date of the election and register that list with the Election Board. Upon failure of the Tribal Secretary to carry out this duty, any other member of the Tribal Council may do so. No further registration shall be required of the individual Otoe-Missouria Tribal members.

[History: This section was added to the Election Ordinances by OMTC #130 FY-91, October 17, 1991. OMTC #130 FY-91 repealed the prior version of this section of the Election Ordinance which read:

"To be eligible to vote in tribal election, including Initiative, Recall and Referendum Elections, tribal members shall register with the tribal Election Board.  A voter registration form shall be mailed to all adult enrolled members of the Otoe-Missouria Tribe for whom current addresses are available.  This form shall also be available, by request from the Otoe-Missouria Tribal Complex.  The applicant for registration must sign the form and submit it by mail or in person to:

Chairman, Election Board
P.O. Box 293
Red Rock, Oklahoma 74651

Voter registration applications can be submitted anytime throughout the year.  But, Applications must be submitted no later than fifteen (15) days prior to the next tribal election, to be eligible to vote in that election. Tribal members having once registered and whose name has been placed on the Voter Registration Books shall not be required to register again in order to vote in any Tribal Election.

OMTC #30 FY-84, August 6, 1984. The last sentence of this repealed section was added by OMTC #44 FY-89, June 13, 1989. An Iter-Office Memorandum dated October 25, 1989, indicates that this addition was reaffirmed by the Tribal Council on July 22, 1989 by a vote of 5 for, 0 against, 0 absent, and 2 abstentions."]



SECTION 404: POSTING VOTER REGISTRATION LIST
The list of eligible voters shall be publicly posted at the Otoe-Missouria Tribal Administration Building near Red Rock, Oklahoma, prior to each election.

[History: This section was added to the Election Ordinance by OMTC # 130 FY-91, October 17, 1991. OMTC #130 FY-91 repealed the prior version of this section of the Election Ordinance which read: 

"SEC. 404. VOTER LISTS 

The Election Board shall review each voter registration form submitted and determine if such form is properly completed. If the registrant's name appears on the Otoe-Missouria Tribal roll as being eighteen (18) years of age or older, and the voter registration form is properly completed, the name shall be entered on the list of eligible voters. If the voter registration form is not properly completed, it shall be returned to the registrant for correction before he/she can become a registered voter.

The Election Board shall compile and certify an official list of registered voters in alphabetical order, including those who have requested Absentee Ballots, and shall post one each of these list at the Otoe-Missouria Tribal Administration Building at Red Rock, Oklahoma, Post Office at Red Rock, Oklahoma, and Pawnee Agency, Pawnee, Oklahoma.  Only those persons whose names appear on the certified list of registered voters shall be permitted to cast ballots in tribal elections."

SECTION 405: ABSENTEE VOTING
(a)                Upon written request, the Election Board shall give or mail an absentee ballot to a registered voter.  If a voter is registered to vote by absentee ballot he/she will not be permitted to vote at the poll.  However, if a qualified voter who registered to vote at the polling place, but expects to be absent from the polling area because of a change in circumstances and notifies the Election Board, the voter shall be entitled to vote by absentee ballot.  All requests for absentee ballot should be received by the Chairman, Election Board, P.O. Box 293, Red Rock, Oklahoma 74651, no later than fifteen (15) days prior to the Election Date.

(b)               Accompanying The Absentee Ballot Shall Be:

(1)               An inner envelope bearing on the outside, the words “Absentee Ballot”,

(2)               Instructions for completion of the absentee ballot,

(3)               A pre-addressed outer envelope,

(4)               A certificate as follows:

I,      , hereby certify that I am a qualified voter of the Otoe-Missouria Tribe; that I wil be 18 years of age or over at the Election Date, and am entitled to vote in the coming election.

(Indicate one of the following)

(1)                                   I am a non-resident

(2)                                   I expect to temporarily absent from the polling place.

 

I further certify that I marked the enclosed ballot in secret.

Signed ________________________________________________

(c)         The Election Board shall maintain a record of all requests and dates the request were received.  The record shall also show the names and addresses of persons who were sent absentee ballots.  In order to be counted all absentee ballots must be received by mail no later than 10:00 am on the day of the election.  No hand carried absentee ballot will be accepted.

SECTION 406: SECRET BALLOT
All voting shall be by secret ballot.

SECTION 407: POLLING PLACE
The polling place shall be designated to be at the Otoe-Missouria Senior Citizen’s Building or the Tribal Complex Building.

SECTION 408: METHOD OF VOTING
The polling place shall be staffed by two (2) polling officials designated by the Election Board.  The registered voter will follow this process to vote:

(1)               State name and address to poll official,

(2)               Sign in voting list

(3)               Use the ballot he/she receives from polling official; go to designated voting booth, mark ballot, and place ballot in the ballot box.

SECTION 409:  ELECTIONEER AND LOITERING
No person shall be allowed to electioneer within one-hundred and fifty feet (150) of the polling place during voting hours.  Loitering will not permitted in the polling place during voting hours.  The Election Board shall obtain such assistance as may be required to maintain order about the building during hours of the election.

SECTION 410: COUNTING BALLOTS
Ballots cast at the polling place shall be counted by the Election Board or by poll workers designated by the Election Board.  The ballots cast shall be counted periodically throughout the day of the election.  No one will be permitted in the room where the counting is being done except the Election Board or persons designated by the Election Board, provided, that each candidate for office may choose in writing one (1) person to be their Poll Watcher and all designated Poll Watchers shall have the right to be present to observe the conduct of the election at the polls and to observe the collection and counting of all ballots; provided further, that while the Poll Watchers may watch and keep notes of the events of the election they may not interfere in the conduct thereof, and the Chief of the Tribal Police shall keep order, and if necessary, may remove a Poll Watcher who interferes in the conduct of the election, electioneers at the polls, or violates the election laws of the Otoe-Missouria Tribe.

History: OMTRC#30 FY-84, August 6, 1984, as amended by OMTC #130 FY-91, October 17, 1991 which added the clauses beginning with the word "provided" in the third sentence of this section.  

SECTION 411: COUNTING ABSENTEE BALLOTS
All envelopes carrying returned absentee ballots will be checked to determine if the sender is on the registered voter list.  There shall be only one (1) absentee ballot allowed per returned envelope.  All envelopes carrying valid registered voter’s absentee ballots shall be placed in a box and locked until the day of the election.  The locked absentee ballot box shall be stored in a safe place at the Otoe-Missouria Tribal Complex, to be opened only to place more envelopes carrying registered voter’s absentee ballots.  On Election Day, the locked box of absentee ballots will be opened and the absentee ballots shall be counted with the ballots cast at the polling place.

SECTION 412: TIE VOTES
In the event two (2) or more candidates for any Tribal Office (Tribal Council) receive the highest number of votes and receive the same number of votes, the Election board shall conduct a recount of the ballots cast in that contest.  Should there be a tie vote after the recount, the Election Board shall conduct a special election limited to the tied candidates within sixty (60) days after the Tribal Election.

SECTION 413:  RECOUNT
There shall be a non-refundable fee of two hundred dollars ($200.00) paid to the Election Board for a recount, if there is not a tie vote.

SECTION 414: CERTIFICATION AND ANNOUNCEMENT OF ELECTION RESULTS
Immediately following the counting of all of the ballots, the Election Board shall issue a certification of the election results.  The Election Board shall immediately make publicly known, the election results, by posting them at the Otoe-Missouria Tribal Administration Building.  The Election Board shall also publish the results by release of that information to the appropriate news media.

SECTION 415:  INSTALLATION OF ELECTED OFFICIALS
The duly elected Tribal Council members and Election Board Members shall be installed in office at a meeting to be held immediately after certification of being elected.  If a protest was timely filed, installation shall take place the next business day after a final decision is made. The Oath of Office shall be administered by an appropriate tribal member selected by the Election Board.

History: OMTC #30 FY-84, August 6, 1984. OMTC #04-30-08 FY2002, April 30, 2002 added the section sentence to this section.

SECTION  416: SPECIAL ELECTIONS
The Election Board shall conduct all Special Elections in accordance with the Tribal Constitution.

(a)                Initiative – refer to Article X, Section (1) of the Tribal Constitution of the Otoe Missouria Tribe.

(b)               Recall – refer to the Otoe-Missouria Tribal Constitution, Article VII, and Section 10.

(c)                Referendum – refer to Article X, Section 2 of the Otoe-Missouria Tribal Constitution.

SECTION 417:  PETITIONING PROCEDURES
Any enrolled tribal member of the Otoe-Missouria Tribe may exercise the right or power of petition in accordance with the following requirements:

(a)                Any person(s) desiring to initiate a petition which require signatures must register his/her intent with the Election Board.

(b)               Upon registration, the Election Board shall issue the person(s) a petition form.

(c)                A non-refundable fee of fifty dollars ($50.00), to defray administration expense, shall be paid to the Election Board at the time of registration.

(d)               The petition shall state in specific terms, the issue to be determined or resolved.

(e)                Only one question, issue or reason shall be addressed in each petition.

(f)                At the top of each page of the petition shall be the statement of cause, followed by the spokesperson’s signature.

(g)               An adult enrolled tribal member of the Otoe-Missouria Tribe of Indians shall have sixty (60) days to circulate a petition for signatures.

(h)               After a sixty (60) day time period for gathering signatures the spokesperson(s) shall file the petition with the Election Board.

(i)                 Upon receipt of a petition, the Election Board shall immediately date the petition and issue a receipt to the spokesperson(s) signifying date of receipt of the petition.

(j)                 The Election Board shall then determine the validity of the petition.

(k)               If the Election Board finds the petition to be invalid, the Election Board shall notify the spokesperson(s) of its decision, by registered mail, stating the reason for the invalidation.

(l)                 The spokesperson(s) shall have the right to appeal to the Tribal Council within thirty (30) days. The decision of the Tribal Council is final.

(m)             Any person(s) found guilty of misrepresentation, fraudulent activities, or falsification of signatures in regard to a petition shall be fined not less than fifty dollars ($50.00) nor more than five-hundred dollars ($500.00) by the Election Board.

SECTION 418:  ELECTION DISPUTES
An aggrieved candidate challenging a Tribal Election shall, within five (5) days after comletion of the tally of the election and determination of the results, file with the Election Board a statement in writing setting forth their particular grounds for the challenge, together with substantiating evidence. After the statement is filed, the Election Board shall set a time for a hearing of the challenge, no later than ten (10) days after the date on which the statement of the challenge was filed.

The Election Board may convene a hearing for any protested election at the Otoe-Missouria Tribal complex, for the purpose of review of said election materials. After hearing the proofs and allegations of the challenger, the Election Board shall have authority to pronounce their judgement.

The Election Board shall charge a protest fee of two-hundred ($200.00) non-refundable dollars and in the event that the ruling is not in favor of the protestor, the protestor will be obligated to pay all court costs, attorney fees and other legal expenses related to the protest. 

History: OMTRC #30 FY-84, August 6, 1984. The third paragraph of this Section was added pursuant to the authority of OMTC #103, July 15, 1998, which requires these fees, but did not specify which section of the Election Ordinance was to contain this requirement. OMTC #04-30-08 FY2002, April 30, 2002 provided that only the aggrieved candidate is allowed the right to protest or challenge election results. Formerly "A candidate or qualified voter" could challenge the election".  

SECTION 419:  APPEALS
A contestee not completely satisfied with the findings and decision of the Election Board, may appeal to the Tribal Council. The Tribal Council shall then select an impartial party to be known as a Judge. The Judge shall then render the final decision based on documentation of proofs and allegations of the contestee. The decision of the Judge shall be final.

The Judge shall render a written decision within 30 days after receipt of the proofs and allegatios, or if a hearing is held, within 30 days after the hearing date. The losing party shall pay all the costs of the appeal.


History: OMTC #30 FY-84, August 6, 1984, as amended by OMTC #04-3--08 FY2002, April 30, 2002 which added the second paragraph to this section.



SECTION 419A: OTHER APPEALABLE MATTERS
Any action of the Election Board, and any failure of the Election Board to act within a time set by law for action, may be appealed to the Judge as provided in Section 419 of this Ordinance.

History: This section was added to the Election Ordinances by OMTC #130 FY-91, October 17, 1991.


SECTION 419B: ACTION ON APPEALS
(a)       The Judge in any appeal authorized by this ordinance may affirm, reverse, or modify any action of the Election Board, compel action of the Election Board unlawfully withheld, and enter such orders as shall be necessary. The orders and writs of the Judge shall be enforceable by the Tribal Police to the same extent as orders sand writs issued by Judges of the Tribal Court.

(b)       The Judge shall be responsible for maintaining an accurate record of each case, and shall make decisions on the record or hear the evidence de novo as may be appropriate.

(c)       Decisions of the Judge shall be final and conclusive and not subject to appeal or review in any other forum.

(d)       The Judge shall secure to all parties, to the greatest extent practical, their rights under the Indian Civil Rights Act, the Tribal Constitution, and the laws of the Otoe-Missouria Tribe.

History: This section was added to the Election Ordinance by OMTC #130 FY-91, October 17, 1991


SECTION 420:  AMENDMENTS
The Otoe-Missouria Tribal Council may amend this ordinance by a majority vote of a quorum at any meeting of that body.

CERTIFICATION
We, the undersign, Chairman and Secretary, of the Otoe-Missouria Tribal Council, do hereby certify by signature that the foregoing revision of the Otoe-Missouria Tribal Election Ordinance was  approved by the Otoe-Missouria Tribal Council, With 6 For, 0 Against, 0 Abstained, on This 3rd Day of December , 1984.

AMENDMENT

TO ELECTION BOARD ORDINANCE

Chapter Three

General Provisions

Section 301: Filing Fee

 

  • Changed from fifty dollars ($50.00) to one hundred dollars ($100.00).

 

  • Changed from “The filing fee shall be paid by cash, certified check, or money order to the Election Board” to read “The filing fee shall be paid by certified check, or money order to the Election Board.”

Raymond Butler

Chairman

ATTEST:

Mildred Hudson

Secretary

Amendment Date:  7/15/98