ELECTION ORDINANCE OF THE NINILCHIK TRIBE
I. Authority – This election ordinance of the Ninilchik Tribe is enacted by the Ninilchik Traditional Council pursuant to the provisions of Article VII, Section 2, of the Constitution of the Ninilchik Tribe.
II. Purpose – The purpose of this ordinance is to regulate the conduct of all tribal elections. Its intent is to establish procedures for fair elections and to ensure the secrecy and sanctity of the ballot. The regulations and procedures contained in this ordinance shall be administered in such a way as to accomplish this purpose and intent. Any prior election ordinance or rule is hereby repealed along with any ordinance inconsistent with this ordinance.
III. Definitions – The following terms and phrases, when used in this ordinance, shall have the meaning ascribed to them.
A. “Adult” means any person who has reached the age of 18 years.
B. “Committee” means the Ninilchik Tribal Election Committee
C. “Constitution”
or “Tribal Constitution” means the Constitution of the Ninilchik Tribe as
revised on
D.
“Days” – When calculating a specific number of days
for any action provided for in this ordinance, both the day of the beginning
action (receipt of notice, certification of election, etc.) and the day of the
ending action (response, election, appeal, etc.) shall be counted. Saturdays, Sundays and legal holidays shall
also be counted. However, should the
deadline for an action fall on a Saturday, Sunday or legal holiday, the next
working day shall be considered the official deadline for the action. As provided
in section VII.D, all ballots
that are in the Committee’s Post Office Box when the Post Office opens on the
day following an election shall be considered as received prior to the
deadline.
E.
“Direct,
lineal descendant” means biological descendant where lineage can be traced from
parent to child in each generation.
F. “Eligible Voter” means an adult member of the Ninilchik Tribe, who is eligible to become a registered voter upon successfully completing the registration process provided for in this ordinance.
G. “Member” means a person who has been formally approved for membership in the Ninilchik Tribe pursuant to the Tribe’s enrollment procedures.
H. “NTC” means the Ninilchik Traditional Council’
I. “Registered Voter” means any enrolled, full member of the tribe who:
1. on
or after
2. who
was a registered voter on
3. who is included on the voter registration list at the time of the Tribal election.
A. Regular election of NTC members
B. Elections on initiative questions in response to petitions
C. Elections on recall of NTC members in response to petitions
D. Elections on questions referred to the voters by the NTC or in response to petitions on actions taken by the NTC (Referendum).
E. Elections on proposed amendments to the Constitution.
V. Election Committee
A.
Establishment
of Committee – A standing
committee to be known as the “Ninilchik Tribal Election Committee”, which committee
is hereinafter referred to as the “Committee”, is hereby established.
B. Organization of the Committee - The Committee shall be organized as follows:
1.
Number – The Committee shall consist of
three persons, all of whom shall be appointed by the NTC, and none of whom
shall be a member of the Ninilchik Tribe.
2.
Term of Office
– Each member of the Committee
shall hold office for six years or until his/her successor has been appointed
by the NTC. Members may be re-appointed
for additional terms if the NTC desires.
All terms shall begin on January 1st. The terms of the members shall be staggered
in order to assure continuity within the Committee. To establish these staggered terms, initial
appointments shall be made as follows:
One committee member – two years
One committee members – four
years
One committee
members –six years
Each of these initial terms
shall be established to begin upon
appointment and continue until the first January1st
following the end of the
stated
term.
3.
Vacancies – Vacancies in the Committee shall be filled by the
NTC. In order to preserve the staggering
of terms, any person appointed to fill a vacancy on the Committee shall be
appointed for the remainder of the term of his/her predecessor.
4.
Removal – If, in the view of a majority of the members of the
Committee, a member of the Committee should be removed for the best interests
of the Tribe, the Committee shall notify the NTC in writing. The NTC shall then decide whether or not to
remove such member from the Committee.
5.
Quorum – Two members of the Committee shall be necessary to
constitute a quorum for the transaction of business. If a quorum is present, the acts of the
members of the Committee in attendance shall be the acts of the Committee.
6.
Meetings Meetings of the Committee shall be held as
needed to effectively carry out the Committee’s duties under this
ordinance. All meetings of the Committee
may be called by the Chairperson of the Committee at his/her discretion. Meetings shall be called by the Chairperson
upon written request of the other two members of the Committee.
7.
Chairperson The Committee shall select a Chairperson from among its members
during its first meeting of each year.
The Chairperson shall serve for a term of one year, but may be reelected
by the members of the Committee for as many additional terms as they
choose. The Chairperson shall preside
over meetings of the Committee, except that, in the absence of the Chairperson,
another member may be selected by the members present to preside over a
meeting.
8.
Stipend Each member of the Committee shall receive a stipend as
established by the NTC.
C.
Function of Committee - The
Committee shall perform the following functions:
1.
With the
assistance of the tribal staff, conduct elections in a manner that will ensure
fair and honest elections pursuant to this ordinance. In performing this function, the Committee
will take care to avoid any actions that could possibly be perceived as biased.
2.
With the
assistance of the tribal staff, prepare informative election materials in a
matter that informs thoroughly but cannot be perceived to attempt to influence
the voter.
D. Authority
of the Committee - The
Committee shall have the following authority
in performing its
functions:
1.
To adopt
written rules and policies in carrying out the objectives and purposes of this
ordinance, provided that such rules and policies are not inconsistent with the
provisions of this ordinance or of the laws of the Tribe, and further provided
that such rules and policies are approved by the Council. Council approval of such rules and policies
adopted by the Committee shall be presumed after presentation to the Council in
writing in the absence of specific rejection by the Council within thirty (30)
days of its receipt thereof.
2.
To confer with
the Tribal attorney on any matter they deem necessary. The Committee may not, however, incur the
cost of other counsel without the express permission of the NTC.
VI Voter Registration – Only
registered voters may vote in any election conducted by the
Ninilchik Tribe. The following procedure shall govern the
registration of tribal voters.
A.
Eligible
Voters – Pursuant to
Article VII of the Constitution, any enrolled, full member of the tribe who is
a direct, lineal descendant by birth or adoption of a family with ancestral
ties to the village of Ninilchik, who will be at least eighteen (18) years of
age by the date of the election and who resides in the State of Alaska shall be
eligible to register to vote in any tribal election.
B.
Initial
Registration under this ordinance –
In order to bring the tribe’s registered voters list into conformity with the
revised Constitution approved on March 14, 2001, the NTC shall review that list
to determine if there are any registered voters about whom there is a question
as to whether or not they reside within the tribe’s territory as defined in
Article II of the constitution. If there
are such persons, the NTC shall send each of the individuals in question a
letter by certified mail, return receipt requested, notifying them that their
name shall be removed from the registered voter list unless documentation is
received within forty five (45) days of the receipt of the notice proving that
the individual resides within the tribe’s territory. In order to assure that each individual is
held to the same standard of proof, the NTC shall develop a list of those items
that will be accepted as documentation of residency. This list of acceptable documentation shall
be enclosed with the notice to the voters in question.
C.
Registration – Any person who wishes to register to vote shall complete
a registration application form approved by the NTC and available at or through
the tribal offices. Persons may obtain registration
forms by writing, calling or visiting the tribal offices. Voter registration may also be conducted at
such times, places and manner as the NTC directs.
D.
Registration
Deadline – In order to be able
to vote at an election, a properly completed voter’s registration application
must be received no later than fifty (50) days prior to the election in which
the voter wishes to participate. Voter
registration applications shall be considered received when physically received
at the offices of the NTC or properly delivered to the NTC’s post office
box. Upon receipt, the registration
application shall be date stamped and filed.
E.
Registration
Review – The tribal staff
shall review each registration application.
If the application was timely filed, the voter is qualified and the
application is complete, the person shall be registered to vote and their name
placed on the list of registered voters.
If there is a question as to whether the application was timely filed,
the voter is qualified or the application is complete, the Committee shall make
the final determination as to those facts.
If the Committee determines that the applicant is not to be added to the
registered voter list, the applicant shall be notified by certified mail,
return receipt requested, of that decision. The rejected registration applicant
may submit a written appeal of the Committee’s decision to the NTC within five
(5) days of his/her receipt of the rejection notice. The NTC shall make a
decision on the appeal within three (3) days of their receipt of the
appeal. The decision of the NTC on the
appeal shall be final.
F.
Registered
Voters List – With the assistance
of the tribal staff, the Committee shall compile a list of registered voters no
later than forty five (45) days before each election. A copy of this registered voter list shall be
posted at the NTC office. Any tribal
member may obtain a copy of the list of registered voters upon request during
normal business hours. The list of
registered voters shall include the name and address of the voter as it appears
on the registration application or as it appears on a written change-of-address
submission by the voter subsequent to the initial registration application.
G.
Protest of
Voters List – Any tribal member
excluded from the posted voters list may protest such exclusion no later than
forty (40) days before a scheduled election.
Any registered voter may protest the inclusion of a person on the voters
list no later than forty (40) days before a scheduled election. Any protests must be in writing and submitted
to the NTC office. The NTC shall act
upon such protests no later than thirty five (35) days before the scheduled
election. The decision of the NTC shall
be final.
H.
Voluntary
Removal from Registration List –
Any registered voter may make a written request that his/her name and other
identifying information be deleted from the voter registration list. If the
request is received at least fifty (50) days before an election, the name will
be deleted from the registration list for that election, and the person shall
not be permitted to vote in that election.
If the request is received later than fifty (50) days before an
election, the name will be deleted from the voter registration list after the
election, and the voter will be permitted to vote in the then pending election.
I.
Involuntary
Removal from Registration List - With the assistance of tribal staff, the Committee shall keep a
record of voting of all registered
voters.
1.
The Committee
shall remove a registered voter from the registration list if the registered
voter resides outside the State of
2.
Following each election, the Committee shall
review those voting records. Any
registered voter who has not voted in any tribal elections for a period of
three (3) consecutive years shall be removed by the Committee from the
registration list and notified by certified mail of such removal.
3.
A person
removed from the voter registration list may submit a new registration
application. That application shall be processed in the same manner as that of
any new registrant.
VII Procedures Common To
All Elections – The following provisions shall be followed in the
conduct of all of the types of tribal elections identified in Section IV of
this ordinance.
A.
Notice of
Election – The Committee
shall publish a notice of election no less than thirty five (35) days before
the election. The notice shall specify
that any registered voter who does not receive a ballot by mail may request
such a ballot in person, by telephone, fax or mail at the NTC office. The
notice shall be distributed as follows:
1.
Notice of the
date and purpose of the election shall be published in the tribal newsletter,
if any.
2.
A notice shall
be mailed to all registered voters stating the date and purpose of the
election.
3.
A notice of
the date and purpose of the election, together with a copy of this ordinance
and a final list of the registered voters, shall be posted at the NTC
office. A copy of this ordinance and/or
of the list of registered voters shall be made available to any registered
voter upon request.
B.
Ballot
Preparation
1.
Form – The
official ballots shall be printed on white paper with black ink. Sample ballots may be printed on colored
paper and shall be clearly labeled “Sample Ballots” and shall not be counted if
submitted during the election.
2.
Number – The
number of official ballots printed under the direction of the Committee shall
not exceed the number of registered voters by more than thirty (30).
C.
Voting
Procedures
1.
Manner of
Voting – All elections of the Ninilchik Tribe shall be conducted by secret,
mail-in balloting.
2.
Election Dates
– All election dates are to be established on a Monday. Pursuant to Article VII, Section 4, of the
Constitution, the regular election to select members of the NTC shall be held on
the second Monday in November.
3.
Mailing of
Ballots – A ballot, together with the envelopes and instructions provided for
in the following sections, shall be mailed to each registered voter not later
than twenty (20) days before the election.
4.
Mail-in Envelopes
– A small ballot envelope and a return envelope shall be supplied to each
registered voter. The return envelope
shall have printed upon it:
a.
The name of
the voter;
b.
A statement
that the voter is qualified to vote, that the voter is a resident of the state
of
c.
The following
statement: “I certify under penalty of perjury that the foregoing is true.”
The registered voter must sign and date the return envelope.
The return envelope shall be pre-addressed to
Ninilchik
Election Committee
Post
Office Box 1105
5.
Casting
Ballots – Specific instructions for voting and a list of the Committee member,
their hours and locations, will be mailed with each ballot. When voting, each registered voter shall mark
his/her ballot, place it in the small ballot envelope and seal it. The ballot envelope shall then be placed
inside the outer return envelope and sealed.
The certification on the exterior of the return envelope shall be
completed and the ballot mailed.
6.
Assistance in
Voting – In cases where a registered voter is unable to compete his/her ballot
and the certification on the return envelope, the Committee may perform such
assistance or, in appropriate cases, authorize other persons to do so, after
taking every precaution to assure that the voter exercises freedom of
choice. In all cases, the secrecy of the
ballot must be strictly observed, and persons assisting must maintain complete
confidentiality as well as assure that the voter exercises full freedom of
choice.
7.
Duplicate
Ballots – If any registered voter spoils or loses the ballot he/she was mailed,
a new ballot may be requested from the NTC office in person, by mail, by
telephone or by fax. A new ballot shall
be supplied to the registered voter requesting it. Since the counting process assures that no
more than one ballot from any one registered voter shall be counted, the
issuance of a duplicate ballot in this manner is permitted.
8.
Receipt of
Ballots – All ballots must be returned by
9.
Storing
Ballots – The Committee shall provide for the secure storage of the ballots
received by mail from the voters until the counting begins on the Tuesday
following the election.
D. Post-Election Procedures
1.
Counting of
Ballots – On Tuesday following the Monday of the election, the Committee shall
count the ballots. Only Committee
members shall be present during the counting.
All ballots that are in the Committee’s Post Office Box when the Post
Office opens on that Tuesday shall be considered as received prior to the
deadline.
(a)
The initial
step in counting shall be the determination that the certification on the
exterior of each return envelope is properly completed by a registered voter
and that, therefore, the ballot contained therein is to be counted. When that has been determined, the return
envelope shall be opened and the sealed ballot envelope shall be placed into an
appropriate container.
(b)
Whenever the
Committee has determined that the certification is complete and that the ballot
is to be counted, an appropriate mark shall be made by that voter’s name on the
registered voters list to preclude the possibility of another ballot being
received and counted from that same voter.
(c)
Should the
certification not be completed by a registered voter, the return envelope shall
not be opened. Rather, the words
INELIGIBLE, NOT COUNTED shall be written or stamped on the return envelope and
the envelope retained with the election records.
(d)
When all the
ballot envelopes to be counted have been placed together, they shall be mixed
to further assure the secrecy of the ballot.
They shall then all be opened and the ballot contained therein counted
in a manner determined by the Committee.
(e)
Whenever the
difference in the number of ballots received by the winning candidate(s) and
the next higher candidate(s) is less than 10, the Committee shall automatically
conduct a recount of the ballots.
(f)
When two or
more candidates receive the same number of votes, the votes shall be
immediately recounted. If there is still
a tie, the candidates shall be notified by the Committee and a time set when
they can both (or all, if more than two) be
present. At that time, the Committee
shall oversee the drawing of lots to determine the winner.
2.
Preliminary
Certification of Results of Election – Immediately following the counting of
the ballots on Tuesday following the Monday election, the Committee shall
prepare and sign a Preliminary Certification of Results of Election. This certification shall immediately be posted
at the NTC office. Copies of the
certification shall be furnished to all members of the NTC. Any registered voter may obtain a copy of the
certification upon request.
3.
Contesting an
Election – Since an automatic recount is provided for in the counting procedures,
only those contests not related to the count shall be considered. Any registered voter may protest the conduct of the election by
stating a reason in writing to the Committee.
Such protest must be filed at the NTC office by not later than
4.
Final
Certification of Results of Election –Following the final decision on
challenges, if any, the Committee shall issue a Final Certification of Results
of Election not later than
5.
Retention of
Ballots – Following the issuance of the Final Certification of Results of
Election, the Committee shall provide for the storage of the ballots and all
other records of the election in a secure manner in the NTC office for a period
of one year.
VIII Procedures for Election of Ninilchik
Traditional Council Members – In addition to those
procedures identified in Section VII of this ordinance, the
following procedures shall be followed
in the conduct of all elections for members of the NTC.
A.
Candidates
1.
Qualifications
– Pursuant to Article VII, Section 5, of the Constitution, any registered voter
of the tribe who resides within the Tribe’s territory as defined in Article II
of the Constitution may seek election to the NTC. However, no voter seeking election shall be
placed upon the ballot if such voter has been convicted of or pled guilty or no
contest to a felony offense or any offense involving dishonesty or moral
turpitude within five (5) years of the date of the election; or has been found guilty of, or entered a plea of nolo contendere or Guilty to, any felonious offense or any of 2 or more misdemeaner offenses under State, Federal, or Tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution; crimes against persons; or crimes commited against children In addition, a successful candidate must
provide the results of a drug and alcohol test in the same manner as that
required to be submitted by tribal employees before being installed into
office. Should this not be provided
prior to the scheduled date of installation, the candidate receiving the
highest number of votes shall be declared disqualified, and the candidate
receiving the second highest number of votes in that contest shall be declared
the winner.
2.
No Write-in
Candidates – No write-in candidates shall be permitted.
3.
Declaration of
Candidacy – The Committee shall prepare a Declaration of Candidacy form and
mail it with the notice of the election to every registered voter. This form must be completed, signed and
returned to the NTC office not later than twenty five (25) days prior to the
election. Upon receipt by the NTC
office, the Declaration of Candidacy shall be date stamped. A copy of the stamped Declaration shall be
given to the candidate. The original
shall be forwarded to the Committee.
4.
Certification
of Candidacy – On the day following the deadline for the submission of the
Declaration of Candidacy forms, the Committee shall determine whether each
person who submits a Declaration of Candidacy form is on the list of registered
voters and is otherwise qualified to be a candidate. They shall then certify the list of qualified
candidates. This will permit the
preparation of the ballots in time for them to be mailed to each registered
voter not less than twenty (20) days prior to the election date (second Monday
in November).
B.
Ballot
Preparation – Immediately after
the certification of the list of qualified candidates, the Committee shall
direct the preparation of an official ballot.
1.
Listing - The names of the certified
candidates shall be listed in alphabetical order. No designation shall be made as to who is the
incumbent, if any.
2.
Instructions - The ballot shall contain the
following instructions:
“You
may vote for (number
of positions with terms expiring)
candidates for the Ninilchik Traditional Council. Place an X
by
the name of each person you wish to vote for. You may not give
any candidate more than one (1) vote. Write-in candidates are
prohibited.
C.
Notification
of Successful Candidate(s) – On Thursday
following the election if there is no contest, or on Friday following the
election if there was a contest, the Committee shall direct the notification of
the successful candidate(s). This notice
shall include a statement that successfully passing a drug and alcohol test is
required by the Constitution. Therefore,
prior to installation, the successful candidate(s) shall be required to provide
proof to the Committee that such a test has been scheduled within a period of
fourteen (14) days from the date of installation. The standards currently being used for tribal
employees shall be included in the notice, since the Constitution requires that
those standards be applied to NTC members.
D.
Installation – Pursuant to Article VIII of the Constitution, the newly
elected member(s) of the NTC shall be installed into office at the annual
meeting of the Tribe on the Saturday following the second Monday in November of
each year.
E.
Oath of Office – Prior to installation, newly-elected NTC members shall
subscribe in writing to the following oath:
“I,
__________________, do solemnly swear (or affirm) that
I
will support and uphold the Constitution, Mission Statement, Policies
And
Procedures of the Ninilchik Traditional Council and that I will in all
respects faithfully and fully perform my duties as a member
of the
Ninilchik Traditional Council. I further understand that the Constitution
requires that I successfully pass a drug and alcohol test
before I am
legally in office; therefore, I affirm that such a test will
be taken with
fourteen (14) days of this installation date and the results
of that test
provided to the Ninilchik Traditional Council.”
IX Procedures for Elections on Recall,
Initiative or Referendum Issues – In addition to those
procedures identified in Section VII of this ordinance, the
following procedures shall be followed
in the conduct of all elections on recall, initiative or
referendum issues.
A.
Beginning of
Election Process – Pursuant to
Article IX of the Constitution, petitions
for the recall of a NTC member or office, petitions for a
referendum election and petitions for an initiative election shall be filed
with the NTC office. The validity of the
petition shall be determined by the Committee pursuant to Section XI of this
ordinance. Should such a petition be
determined valid or should the NTC request the Committee to conduct a
referendum election, the committee shall set an election date not later than
sixty (60) days from the date of the determination of validity of the petition
or of the receipt of the NTC request.
B.
Ballot
Preparation on Initiative or Referendum Issues – The Committee shall be responsible for assuring that the
wording of an issue on an initiative or referendum ballot is clear and easily
understood by the voters. The committee
shall also assure that the wording accurately reflects the intent of the
petitioners when the election is held in response to a
petitions. The question shall
appear substantially as follows:
Shall
the Tribe (state proposition) YES ____ NO ____
C.
Ballot
Preparation on Recall – The
question shall appear substantially as follows:
Shall
_____________ be recalled from the
Ninilchik Traditional Council? YES _____ NO ____
X Procedures for Election on
Constitutional Amendments – In addition to
those procedures identified in Section VII of this
ordinance, the following procedures shall be
followed in the conduct of all elections on constitutional
amendments.
A. Beginning of Election Process – Pursuant to Article XII of the Constitution, amendments to the Constitution may be proposed by either a resolution of the