Proposed Election Code Revisions January 2019 Overview

Proposed Election Code Revisions January 2019

Why Revise The Election Code? Past elections revealed areas of concern. Unreasonable or conflicting timelines Ensure objectivity of Election Board Clarify language Feedback from membership Recommendations from Election consultants and legal council Recommendations from Election Board members

Election Code Revisions

Article I, 3.1-4 Definitions: Current Code Revised Code BUSINESS DAY BUSINESS DAY Monday, Tuesday, Wednesday, Thursday, and Friday, excluding recognized federal or NHBP holidays on which the NHBP government is closed. Monday, Tuesday, Wednesday, Thursday, and Friday, excluding recognized federal or NHBP holidays on which the NHBP government is closed. CALENDAR DAY CALENDAR DAY Every day in a month, including weekends and United States and NHBP holidays. Every day in a month, including weekends and United States and NHBP holidays. When the term day is used without specifying calendar or business day, it shall mean calendar day.

Article II, 3.1-6 Candidate Eligibility for Tribal Council Current Code Revised Code A. Under ArticleIV,Section 4, and Article III, Section 4, of the NHBP Constitution, a member is eligible to be a candidate in a Tribal Council Election if he or she: A. Under Article IV, Section 4, and Article III, Section 4, of the NHBP Constitution, a member is eligible to be a candidate in a Tribal Council Election if he or she: (1) Is 21 years of age or older as of the date of the election; (1) Is 21 years of age or older as of the date of the election;

Article II, 3.1-9 Candidates and Campaigning Current Code Revised Code The Election Board shall schedule a "Meet the Candidates Forum" to be held in the Community Center on the Pine Creek Reservation and such other locations as the Election Board may designate. The Election Board shall announce the date and location of any "Meet the Candidates Forum" by the deadline for candidates to declare their candidacy. All certified candidates shall appear at that forum and be given an equal amount of time to make statements and to answer questions from the NHBP membership. Absent extenuating circumstances to be determined by the Election Board, any candidate who fails to attend the "Meet the Candidates Forum" will forfeit his or her candidacy. B. The Election Board shall schedule a "Meet the Candidates Forum" to be held in the Community Center on the Pine Creek Reservation and such other locations as the Election Board may designate. The Election Board shall announce the date and location of any "Meet the Candidates Forum" by the deadline for candidates to declare their candidacy. All certified candidates shall appear at that forum and be given an equal amount of time to make statements and to answer questions from the NHBP membership. Absent extenuating circumstances to be determined by the Election Board, any candidate who fails to attend the "Meet the Candidates Forum" will forfeit his or her candidacy.

Article II, 3.1-9 Candidates and Campaigning Current Code Revised Code C. Despite restrictions in this code to the contrary, the Election Board may hold the "Meet the Candidates Forum" in the NHBP Community Center, if held after regular business hours and with the approval of the Election Board and Chief Executive Officer. Campaign materials may be posted and may be available for NHBP members to pick up in the room during the candidate forum, provided that all such materials are removed within one hour after the conclusion of the forum. C. Despite restrictions in this code to the contrary, the Election Board may hold the "Meet the Candidates Forum" in the NHBP Community Center, if held after regular business hours and with the approval of the Election Board and Chief Executive Officer. Campaign materials may be posted and may be available for NHBP members to pick up in the room during the candidate forum, provided that all such materials are removed within one hour after the conclusion of the forum.

Article II, 3.1-9 Candidates and Campaigning Current Code Revised Code K. Despite restrictions in this code to the contrary, NHBP members and candidates may engage in campaign activities, which are not otherwise prohibited by these regulations, on property owned by the NHBP, if the campaign activities occur within: K. Despite restrictions in this code to the contrary, NHBP members and candidates may engage in campaign activities, which are not otherwise prohibited by these regulations, on property owned by the NHBP, if the campaign activities occur within:

Article II, 3.1-10 Campaign Finances Current Code Revised Code J. Any alleged violations of campaign regulations shall be resolved by the Election Board in accordance with the procedure established by this code to resolve election disputes. J. Any alleged violations of campaign requirementsshall be resolved by the Election Board in accordance with the procedure established by this code to resolve election disputes.

Article II, 3.1-13 Board Duties, Subsection A Current Code Revised Code (3) To compile a list of eligible voters before the polls open; (3) To compile a list of eligible voters before the polls open from the Enrollment Office;

Article II, 3.1-13 Board Duties, Subsection A Current Code Revised Code (5) To certify the eligibility of candidates for Tribal Council in general and special elections and appointments in the event of vacancies and to resolve disputes concerning any candidate's eligibility (5) To certify the eligibility of candidates for Tribal Council in general and special elections and appointments in the event of vacancies and to resolve disputes concerning any candidate's eligibility

Article IV, 3.1-15 Final Notice of General and Special Elections Current Code Revised Code A. A final notice of election for general and special Tribal Council elections shall be mailed to all eligible voters between ten (10) and thirty (30) days prior to the date of the election. The final notice of election may be sent by inclusion in the NHBP Newsletter, or by a separate mailing or newsletter. A. A final notice of election for general and special Tribal Council elections shall be mailed to all eligible voters between twenty (20) and thirty (30) days prior to the date of the election. The final notice of election may be sent by inclusion in the NHBP Newsletter, or by a separate mailing or newsletter.

Article V, 3.1-17 Ballots Current Code Revised Code A. Candidates for seats on the Tribal Council shall be listed on the ballot alphabetically by last name. A box shall appear next to each candidate's name so a vote may be marked in the box. Write-in votes for candidates not listed on the ballot are not valid and will not be counted. A. Candidates for seats on the Tribal Council shall be listed on the ballot alphabetically by last name. A box shall appear next to each candidate's name so a vote may be marked in the box. Write-in votes for candidates not listed on the ballot are not valid and will not be counted. B. The Election Board may, at its discretion, utilize a variety of options for voting, including electronic voting, online voting, etc. to best serve the needs of the NHBP community.

Article V, 3.1-19 Ballots Current Code Revised Code B. All ballots, both regular and absentee, shall include instructions on how to properly cast the ballot and a statement warning that improper voting or extraneous markings may spoil the ballot. C. All ballots, regardless of the type of ballot, shall include instructions on how to properly cast the ballot and a statement warning that improper voting or extraneous markings may spoil the ballot.

Article V, 3.1-19 Absentee Ballots Current Code Revised Code B. No absentee ballot shall be counted unless received in hand by the Election Board or its designee by 5:00 p.m. on the last business day before the polls open for the election. B. No absentee ballot shall be counted unless received in hand by the Election Board or its designee by 5:00 p.m. on the last business day before the polls open for the election.

Article V, 3.1-19 Absentee Ballots Current Code Revised Code C. The Election Board, or its designee, shall make and keep a record of absentee ballots mailed to each voter and returned to the Election Board. This record must contain the name of the absentee voter, the address of the absentee voter, the date the ballot was issued, and the date the ballot was returned. No person who has cast his or her ballot by absentee ballot may cast a vote in person C. The Election Board, or its designee, shall make and keep a record of absentee ballots mailed to each voter and returned to the Election Board. This record must contain the name of the absentee voter, the address of the absentee voter, the date the ballot was issued, and the date the ballot was returned. No person who has cast his or her ballot by absentee ballot may cast a vote in person

Article V, 3.1-19 Absentee Ballots Current Code Revised Code D. Any person who received an absentee ballot, who appears at the poll to vote in person, may do so as long as the Election Board or its designee confirms that the voter in question is not on the list of voters whose absentee ballot was returned to, and received by, the Election Board. D. Any person who returned an absentee ballot, who appears at the poll to vote in person, may do so, and their absentee ballot will be deemed invalid and not counted.

Article V, 3.1-19 Absentee Ballots Current Code Revised Code Removed subsections E and F. E. All absentee ballots received will be placed in the absentee ballot box under the supervision of the Election Board or its designees. F. The absentee ballots will be counted according to the normal counting procedure on election day. The absentee ballot box will be opened and the ballots counted after the ballots from the regular box are counted.

Article V, 3.1-20 Counting Ballots Current Code Revised Code A. The counting of ballots, including the determination as to whether ballots are spoiled, shall be conducted by the Election Board or its designee in a location that is open to all tribal members in attendance on the date of the election. A. The counting of ballots, including the determination as to whether ballots are spoiled, shall be conducted by the Election Board or its designee in a location that is open to all tribal members in attendance on the date of the election. B. Ballots shall be counted a minimum of three times. The totals must agree at least twice to be valid. B. Ballots shall be counted by the Election Board or its designee in a manner to ensure an accurate vote tally.

Article VI, 3.1-23 Deadlines Current Code Revised Code The deadline for mailing the final notice of election will be twenty (20) days before the election; and (4) The deadline for mailing the final notice of election will be 5:00 p.m. on the first full business day in April before the next election; and

Article VII, 3.1-26 Election Dispute Hearings Current Code Revised Code The Election Board shall log each election dispute, and investigate any incident it reasonably believes constitutes a material violation of the Election Code, either on its own initiative or after a timely election dispute is registered by an eligible voter. The Election Board shall provide a response to the eligible voter who registered the election dispute within fourteen (14) calendar days of receiving the election dispute complaint C. The Election Board shall log each election dispute, and investigate any incident it reasonably believes constitutes a material violation of the Election Code, either on its own initiative or after a timely election dispute is registered by an eligible voter. The Election Board shall provide a response to the eligible voter who registered the election dispute within five (5) business days of receiving the election dispute complaint.

Article VII, 3.1-27, Resolution of Election Disputes Current Code Revised Code A. Following the hearing, the Election Board shall deliberate. Absent exceptional circumstances to be determined by the Board, the Board shall issue a final decision no later than seven (7) calendar days following the hearing. A. Following the hearing, the Election Board shall deliberate. Absent exceptional circumstances to be determined by the Board, the Board shall issue a written decision no later than fourteen (14) calendar days following the hearing.

Article VII, 3.1-27 Resolution of Election Disputes Current Code Revised Code E. The Election Board's decision shall be final. E. The accused person may request reconsideration of the Election Board s decision on the grounds of procedural error. A request for reconsideration must be delivered to the Election Board within five (5) business days and must include all supporting documents and information. The Election Board shall issue a written decision on the request for reconsideration within five (5) business days. The decision of the Election Board shall be final.

Article IX, 3.1-28 Challenge Procedure Current Code Revised Code D. The challenge must be presented to the Band's Election Board via first-class certified mail or hand delivery within ten (10) calendar days following election day. D. The challenge must be presented to the Band's Election Board via first-class certified mail or hand delivery within fourteen (14) calendar days following election day.

Article IX, 3.1-28 Challenge Procedure Current Code Revised Code F. The Election Board shall provide a response to the election challenge within fourteen (14) calendar days of receiving the challenge. If the Election Board reasonably believes the election challenge may have merit, the Board shall schedule and conduct a hearing on the election challenge. F. The Election Board has the authority to investigate any challenge presented to it, including by reviewing relevant evidence and taking testimony. The Election Board shall not make assumptions or decisions based on hearsay alone. G. The Election Board has the authority to investigate any challenge presented to it, including by reviewing relevant evidence and taking testimony. The Election Board shall not make assumptions or decisions based on hearsay alone. G. Due to the urgent nature of an election challenge, there will be no Election Board hearing held to resolve the election challenge, unless the Election Board deems a hearing to be necessary. H. All hearings shall be on the record and shall be promptly transcribed by an official reporter.

Article IX, 3.1-29 Resolution of Election Challenges Current Code Revised Code Within fourteen (14) calendar days of the hearing on the election, the Election Board shall render a decision by a majority vote of the Election Board at a meeting at which a quorum is present. The Chair shall provide notice of the decision to the Tribal Council and the affected candidates. A. Within five (5) business days of receipt of the challenge of an election, the Election Board shall render a decision by a majority vote of the Election Board at a meeting at which a quorum is present. The Chair shall provide notice of the decision to the Tribal Council and the affected candidates.

Article IX, 3.1-29 Resolution of Election Challenges Current Code Revised Code F. The decision of the Election Board shall be Final F. The party who filed the election challenge may request reconsideration of the Election Board s decision on the grounds of procedural error. A request for reconsideration must be delivered to the Election Board within five (5) business days and must include all supporting documents and information. The Election Board shall issue a written decision on the request for reconsideration within five (5) business days. The decision of the Election Board shall be final.

Article XIV, 3.1-40 Oaths by Election Board Members Current Code Revised Code A. In keeping with the Seven Grandfather Teachings to live a good life and to live in balance, all Election Board members shall take an oath of office, and, to the best of their ability,carry out their duties faithfully, not let their preferences in an election influence their actions as Board members, recuse themselves from acting in any situation in which their impartiality might reasonably be questioned, and not engage in, sanction, or permit conduct which might prevent a fair election. A. In keeping with the Seven Grandfather Teachings to live a good life and to live in balance, all Election Board members shall swear or affirm, before taking office, that they will carry out their duties faithfully; that they will not let their preferences in an election influence their actions as Board members; that they will recuse themselves from acting in any situation in which their impartiality might reasonably be questioned; and that they will not engage in, sanction, or permit conduct which could prevent a fair election.

Article XIV, 3.1-40 Oaths by Election Board Members Current Code Revised Code Should a dispute arise as to whether an Election Board member has violated his or her oath of office, such dispute shall be handled by an independent third-party mediator. B. Should a dispute arise as to whether an Election Board member has violated his or her oath of office, such dispute shall be handled in the same manner as election disputes are handled in this code. Any Election Board member whose impartiality might reasonably be questioned shall recuse himself or herself from taking part in the election dispute investigation or decision.

Article XV, 3.1-41 Expedited Review by NHBP Court Current Code Revised Code E. The NHBP Court shall ordinarily schedule a hearing no later than seven (7) business days after the petition is filed, and render a decision within ten (10) business days of the hearing. The NHBP Court shall take all reasonable efforts to ensure that the hearing and decision be issued before the election, if any, to which the final decision relates. Further, any Election Board decision and/or scheduled election or re-election shall be stayed pending the outcome of an appeal of an Election Board decision that is filed with the NHBP Court. E. The NHBP Court shall ordinarily schedule a hearing no later than seven (7) business days after the petition is filed, and render a decision within ten (10) business days of the hearing. The NHBP Court shall take all reasonable efforts to ensure that the hearing and decision be issued before the election, if any, to which the final decision relates.

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