[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 7-20-2007 by Ord. No. 07-17; amended in its entirety 8-5-2010. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Government Plan — See Ch. 98.
This chapter shall be titled "Legislature Elections."
The purpose of this chapter is to set the dates for regular
and special Legislature elections, set the open and close times for
election polls, and to establish the process by which the Commission
will tally election results, and for other purposes.
This chapter is established by the Legislature pursuant to the
authority granted to it by Article VI, Section 8, of the Menominee
Constitution and Bylaws.
For the purpose of this chapter, the following words and terms
shall have the following meanings:
A ballot cast by an elector who is unable to cast a regular
ballot at an election poll on the date and at the time specified in
this chapter.
An elector who is deemed eligible by the Commission to file
an absentee ballot.
The Election Commission, which is a three-member body established
by Article VI, Section 5, of the Constitution and is responsible for
enforcing election laws adopted by the Legislature.
The Constitution and Bylaws of the Tribe.
Any one of the locations where members cast their official
ballots in the presence of the Commission.
A member who will be 18 years of age or older at the time
of a primary, main or special election.
A member of the Menominee Tribal Legislature.
The Menominee Tribal Legislature.
Any crime included in 18 U.S.C. § 1153 and any
equivalent crime defined under any state law.
A person whose name appears on the official tribal roll of
the Tribe.
The Menominee Indian Tribe of Wisconsin.
A.
Membership. As provided for by Article VI, Section 5, of the Constitution,
the Commission is composed of three voters of the Tribe who have been
appointed and are supervised by the Tribal Judiciary.
B.
Responsibility. As provided for by Article VI, Section 5, of the
Constitution, the Commission shall be responsible for enforcing tribal
election laws. The duties of the Commission include, but are not limited
to, the following:
(1)
Posting notices of elections;
(2)
Maintaining a current list of eligible voters of the Tribe;
(3)
Conducting tribal elections;
(4)
Certifying the results of tribal elections;
(5)
Conducting federal and state background checks on prospective candidates
to ensure that no prospective candidate who has been convicted of
a major crime and has not received a certificate of rehabilitation
from the Tribal Judiciary is certified as a candidate;
(6)
Maintaining a website and such other informational materials as it
deems necessary to keep tribal members informed on the election process
and results thereof; and
(7)
Performing such other duties as may be delegated to the Commission
by the Constitution, by ordinance, or by the Tribal Judiciary.
C.
Authority. As provided for by Article VI, Section 5, of the Constitution,
the Commission is authorized to issue such rules as may be necessary
to carry out tribal election ordinances.
D.
Terms of Commission membership. Although the appointment and supervision
of Commissioners is provided by the Tribal Judiciary, the Tribal Judiciary
is encouraged to appoint or reappoint members to the Commission every
three years on a staggered basis using a solicitation process that
affords maximum opportunity to the Tribal membership to serve on the
Commission.
A.
Announcement.
(1)
At least 60 calendar days prior to the election, the Commission shall
post a notice of election. The notice shall specify:
(a)
Whether the election is a regular election or special election;
(b)
The dates of the primary, main or special election;
(c)
Candidate filing deadline, if applicable;
(d)
Issues to be decided on in the election, if applicable;
(e)
Location of polling places;
(f)
A summary of absentee voting procedures and deadlines; and
(g)
Any other information the Commission deems necessary.
(2)
The sixty-calendar-day notice provision above shall be modified in
regard to elections pursuant to Article VII and Article VIII of the
Constitution, and the Commission shall post a notice of election regarding
such issues in conformance with the constitutional requirements.
B.
Primary election. If, in any election to fill an office or offices, the number of candidates running exceeds three per office, the Commission shall hold a primary election. The number of candidates to be selected in such primary election shall be determined by multiplying the number of offices to be filled by two. The dates of the primary election are specified in § 63-17 of this chapter.
A.
Eligibility. Any tribal member meeting the requirements of Article
IV, Section 4(a), of the Constitution may become a certified candidate
for the Legislature upon his or her successful filing of a nomination
petition. Article IV, Section 4(a), of the Constitution reads in its
entirety as follows: "To be eligible to be a candidate for election
to the Tribal Legislature, a person must be a member of the Tribe,
at least 25 years of age as of the date on which the election is held.
No person shall be eligible to be a candidate for election to the
Tribal Legislature who has been convicted of a major crime as defined
in Bylaw V of this Constitution and Bylaws, unless the Tribal Judiciary,
in accordance with such rules as it may establish, certifies that
the person in question is rehabilitated. Such certificate of rehabilitation
shall be based upon the person's record of behavior since the conviction."
B.
Eligibility period. A tribal member seeking to become a certified candidate shall adhere to the nomination time frames specified in § 63-17 of this chapter.
C.
Certified candidates; ballots, use of tribal news; poll monitors
and recounts. Certified candidates for the Legislature shall:
(1)
Have their names printed on official election ballots, absentee ballots
and all other official election notices;
(2)
Be entitled to submit for free an autobiographical statement and
election campaign profile to the Menominee Nation News for inclusion
in a special Menominee Nation News newspaper edition devoted to election
coverage, subject to any publication deadlines and reasonable content
restrictions established by the Menominee Nation News;
(3)
Designate poll monitors; and
(4)
Be entitled to request a recount consistent with the requirements
of this chapter.
D.
Procedure for becoming a certified candidate.
(1)
Tribal members seeking to become a certified candidate for the Legislature
shall obtain nomination petitions from, and on the forms prescribed
by, the Commission.
(2)
The Commission shall not issue nomination petitions to any person
other than an individual seeking to become a certified candidate for
the Legislature.
(3)
The nomination petition issued by the Commission shall include the
following information:
(a)
Name of the tribal member seeking to become a certified candidate
for the Legislature;
(b)
Whether the tribal member will be running as an on-Reservation
or off-Reservation candidate;
(c)
Year of the regular or special election;
(d)
Signature and date lines for no fewer than 100 tribal members
who are 18 years of age or older willing to nominate the individual
as a candidate;
(e)
The deadline date and time specified in § 63-17 of this chapter for the individual seeking to become a certified candidate to return the nomination petition to the Commission;
(f)
The following certification statement at the bottom of each
petition: "I, the undersigned, hereby certify that I meet the requirements
of Article IV, Section 4(a), of the Menominee Constitution and Bylaws,
have read and will abide by the Legislature Election Ordinance (Ordinance
No. 07-17), and that I have personally circulated and obtained the
original signatures of the enrolled tribal members who are 18 years
of age or older appearing above."
(g)
Such other information as the Commission may deem necessary
and appropriate.
(4)
A tribal member seeking to become a candidate for the Legislature
shall personally circulate and obtain original signatures on nomination
petitions issued to him or her by the Commission. A minimum of 100
original signatures from tribal members who are 18 years of age or
older shall be obtained before the nomination petition can be returned
to the Commission for certification.
(5)
The Commission shall certify a person as an on-Reservation or off-Reservation
candidate and cause the candidate's name to be printed on the official
election ballot, absentee ballot and all other official election notices
upon the Commission's verification and certification of the following:
(a)
That the nomination petition was filed by the deadline date and time stated in § 63-17 of this chapter;
(b)
That the requisite number of original signatures on the nomination
petition exist and are those of tribal members who are 18 years of
age or older;
(c)
That adequate proof has been provided of on- or off-Reservation
residency, as evidenced by a signed affidavit, driver's license or
signed agreement assuring that the tribal member will become an on-
or off-Reservation candidate by the date and time the candidate is
sworn into office;
(d)
That the candidate will maintain his or her on-Reservation residency,
as required by Article IV, Section 4(c), of the Constitution, as evidenced
by a signed affidavit;
(e)
That the tribal member seeking to become a certified candidate for the Legislature has signed the certification statement contained in Subsection D(3)(f) above; and
(f)
That the tribal member seeking to become a certified candidate
for the Legislature does, in fact, meet the requirements of Article
IV, Section 4(a), of the Constitution to become a candidate for the
Legislature.
E.
Commission report on certified candidates.
(1)
The Commission shall issue a report to the Chairperson's office and
the Chief Justice of the Tribal Judiciary within five working days
following the Commission's certification of candidates. The report
shall include the following information:
(a)
A list of all candidates the Commission has certified and which
among them will be running as on-Reservation candidates or as off-Reservation
candidates;
(b)
A list of tribal members the Commission has not certified and
the reasons for not certifying them; and
(c)
Such other information as the Commission may deem necessary.
A.
Eligibility. Any tribal member meeting the requirements of Article
IV, Section 4(a), of the Constitution may become a write-in candidate
for the Legislature.
B.
Eligibility period. A tribal member seeking to become a write-in candidate shall adhere to the write-in time frame specified in § 63-17 of this chapter.
C.
Disadvantages. Write-in candidates are not eligible for the following:
(1)
To have their names printed on official election ballots, absentee
ballots and all other official election notices;
(2)
To submit for free an autobiographical statement and election campaign
profile to the Menominee Nation News for inclusion in a special Menominee
Nation News newspaper edition devoted to election coverage;
(3)
To designate election poll monitors; and
(4)
To file a request for a recount.
D.
Procedure for becoming a write-in candidate.
(1)
A tribal member seeking to become a write-in candidate for the Legislature
shall provide the Commission with a signed, written notice of his
or her intention to run as a write-in candidate.
(2)
A tribal member who has not provided the Commission with this written
notice shall not be deemed a candidate for the Legislature.
E.
Commission report on write-in candidates.
(1)
The Commission shall issue a report to the Chairperson's office and
the Chief Justice of the Tribal Judiciary within five working days
following the deadline date for providing written notice of a tribal
member's intention to run as a write-in candidate. The report shall
include the following information:
A.
Printing of ballots.
(1)
The Commission shall have printed all necessary ballots for use in
the primary, main and special election no later than 21 calendar days
prior to the election.
(2)
The Commission shall ensure that ballots are only printed by a reputable
printer capable of securely processing the order and able to provide
a certificate as to the number of ballots actually printed.
(3)
The number of ballots specifically ordered shall be recorded by the
Commission.
B.
Safeguarding of ballots.
(1)
The Commission shall inventory, secure and safely store all ballots
to ensure that each ballot is carefully accounted for, inaccessible
except as required by this chapter, and not prone to any form of contamination
(e.g., wear, damage, etc.).
(2)
No ballot shall be pre-endorsed by a Commission official or agent
until it is ready to be issued to an elector.
C.
Record of ballots printed. The Commission shall keep a careful record
of all ballots that includes, at a minimum, the following:
(1)
Total printed;
(2)
Total issued to absentee electors;
(3)
Total issued to electors at election polls;
(4)
The total number of ballots lost, damaged or stolen, including a
detailed description (e.g., date of occurrence, witnesses, cause,
etc.) of the loss, damage or theft; and
(5)
Total remaining at the end of the election.
A.
General prohibitions.
(1)
No certified candidate, write-in candidate, person or group shall:
(a)
Offer or provide an elector any money, any alcoholic beverage
or any good or service valued in excess of $1 in exchange for the
tribal member's vote prior to the day of an election.
(b)
Offer or provide an elector any money, any alcoholic beverage
or any good or service, including transportation services, in exchange
for the tribal member's vote on the day of an election.
(c)
Screw, nail, staple or otherwise affix a poster, sign, banner
or other campaign notice to any standing green timber.
(d)
Mutilate, deface or destroy another candidate's signs, posters,
banners or billboards.
(2)
No certified candidate or write-in candidate shall accept more than
$100 from any one person, partnership, corporation or business entity
supporting the write-in or certified candidate's candidacy in any
one election.
(3)
No person shall:
(a)
Copy or in any way tamper with an official ballot in order to
alter the outcome of an election.
(b)
Picket or engage in any passive or active effort to persuade
an elector to vote in a certain way, for a certain candidate, or for
a certain political party, within 100 yards of an election poll on
the date and at the time election polls are open.
(c)
Loiter inside a facility where election polling is taking place,
or within 25 feet of an election polling facility on the date and
at the time election polls are open, unless such person is a certified
candidate, write-in candidate or election poll monitor.
(d)
Harass, influence or intimidate a Commission official or agent
regarding the election in general, the candidacy of a tribal member
or the conduct of the Commission.
(e)
Distribute any tribal election campaign literature, brochures,
fliers or other type of propaganda to, from or on an intranet, website
or e-mail server owned or operated by the Tribe or one of its chartered
entities.
B.
Campaign contribution limits and disclosure.
(1)
Within 30 calendar days following the end of a primary election,
main election or special election, certified candidates and write-in
candidates shall:
(a)
Report to the Commission, on a form prescribed by the Commission,
whether the candidate has received or been promised any campaign contributions
equal to or greater than $50 in the aggregate from any one person,
partnership, corporation or business entity:
[1]
In the 12 months preceding the day after a primary election;
or
[2]
If no primary election is held, in the 12 months preceding the
day after a main election; or
[3]
If a primary election is held, in the period beginning the day
after the primary election and ending on the last day of the main
election; or
[4]
In the 12 months preceding the day after a special election.
(b)
The report shall include the full name of any contributors,
the amounts promised or contributed, the dates the funds were promised
or contributed, and the names of the person, partnership, corporation
or business entity the contributor may be affiliated with.
(2)
No person, partnership, corporation or business entity shall provide
more than $100 in material support (e.g., purchase of supplies, billboards,
fliers, posters, printing services, etc.) towards an individual or
political party's campaign unless said person, partnership, corporation
or business entity reports the value of that contribution to the Commission
on a form prescribed by the Commission. However, under no circumstance
may a person, partnership, corporation or business entity provide
more than $200 in material support in the primary, main or special
election combined.
(3)
The Commission shall issue a report to the Chairperson's office and
the Chief Justice of the Tribal Judiciary within 45 days following
the end of an election. The report shall include the following information:
(a)
The dollar amount of all financial campaign contributions received
by all candidates;
(b)
The value of all material support provided to all candidates;
(c)
The dollar amount and the names of all persons, partnerships,
corporations or business entities that have contributed to individual
candidates;
(d)
The value of material support and the names of all persons,
partnerships, corporations or business entities that have contributed
to individual candidates; and
(e)
Such other information as the Commission deems necessary.
C.
Enforcement.
(1)
A Commission official or agent is authorized to remove, or direct
a Menominee tribal police officer to remove, any signs, posters, billboards
or other campaign notifications appearing within 100 yards of an election
poll on the date and at the time election polls are open.
(2)
A Commission official or agent may ask any person who the Commission
official or agent believes is loitering in violation of this chapter
to leave the prescribed area, or may contact the Menominee tribal
police to ask that the person so loitering be escorted from the area.
(3)
The Menominee tribal police shall investigate any suspected violations
of this section and remove or abate any suspected violations in accordance
with this chapter or other applicable tribal law.
Proxy and cumulative voting is not permitted in any tribal election
pursuant to Article VI, Section 2, of the Constitution.
A.
Eligibility. Any elector may vote by absentee ballot if the elector
submits a request for an absentee ballot and the Commission determines
that he or she legitimately meets one or more of the following criteria:
(1)
The elector is a person who, in the regular and orderly course of
his or her business, profession or occupation, or while on personal
business or vacation, expects to be absent from the Menominee Indian
Reservation on the day of the primary, main or special election; or
(2)
The elector suffers from a long-term illness or physical disability
that will prevent him or her from going to the election polls on the
day of the primary, main or special election; or
(3)
The elector takes care of another person who, by reason of a physical
condition, cannot be left alone on the day of the primary, main or
special election; or
(4)
The elector is in the active service of the Armed Forces or in the
Merchant Marine of the United States, or is the spouse of an individual
in the active service of the Armed Forces or Merchant Marine of the
United States; or
(5)
The elector is attending a school or institution of higher learning
and will be unable to go to the election polls on the day of the primary,
main or special election; or
(6)
The elector will be incarcerated in a correctional facility or jail
on the day of the primary, main or special election; or
(7)
The elector is an elder who is 55 years of age or older; or
(8)
The elector resides outside of the Menominee Indian Reservation.
B.
Eligibility period. An elector seeking to vote by absentee ballot shall adhere to the time frames specified in § 63-17 of this chapter.
C.
Procedure for requesting an absentee ballot.
(1)
An elector seeking to vote by absentee ballot must submit an absentee
ballot request form prescribed by the Commission or a written request
to the Commission that contains, at a minimum, the following:
(a)
Full first name, middle name, last name, suffix and maiden name
(if applicable);
(b)
Date of birth;
(c)
Enrollment number;
(d)
Current mailing address;
(e)
Reason for requesting an absentee ballot, supplemented by reasonable
justification and any supporting documentation;
(f)
Last four numbers of the individual's social security number;
(g)
Original signature; and
(h)
Date of request.
D.
Procedure for issuing an absentee ballot.
(1)
The Commission shall designate one or more of its members or agents
to determine whether:
(2)
Upon making his or her determination, the Commission official or
agent shall decide whether to endorse and issue an absentee ballot
to the absentee elector or to deny the request.
(3)
All endorsed absentee ballots issued shall be mailed or delivered
as provided for below:
(a)
The endorsed absentee ballot shall be placed inside an unsealed
envelope (to be sealed later by the absentee elector) bearing the
following stamp or printed words on the exterior of the envelope:
"Absentee Ballot"; and
(b)
The absentee ballot envelope shall then be placed inside a return
envelope (to be sealed later by the absentee elector) bearing the
following information:
[1]
The mailing address for the Commission;
[2]
A sufficient amount of return address lines and spaces for the
absentee elector to place his or her full first name, middle name,
last name, suffix, maiden name (if applicable), mailing address and
last four numbers of his or her social security number;
[3]
The following printed statement on the reverse side of the mailing
envelope: "I, __________ (signature), certify, subject to the penalties
of the Menominee Indian Tribe for misrepresenting one's own identity,
fraud and other crimes, that I am a member of the Menominee Indian
Tribe of Wisconsin and am entitled to vote in the election of _____
(date), as an absentee voter, and that I am not voting at any other
location in this election."
(c)
The return envelope shall then be sealed in a mailing envelope
and appropriately addressed to the absentee elector; and
(d)
The mailing envelope shall be promptly placed in a U.S. Postal
Service mailbox with proper postage attached; or
(e)
An absentee elector may pick up the mailing envelope in person,
if so requested.
(4)
If the Commission official or agent refuses to endorse and issue
an absentee ballot to a person requesting an absentee ballot, the
Commission official or agent shall, within five business days of denying
such request, issue a letter to the person making the request specifically
stating when the request was received, when the determination was
made and why the request was denied.
E.
Procedure for casting absentee ballots.
(1)
After an absentee elector has filled out his or her ballot, the absentee
elector shall enclose and seal the completed ballot in the envelope
bearing the stamp, "Absentee Ballot."
(2)
The absentee elector shall place the properly sealed absentee ballot
envelope in the pre-addressed envelope designed for mailing.
(3)
The absentee elector shall carefully print his or her full first
name, middle name, last name, suffix, maiden name (if applicable),
mailing address and last four numbers of his or her social security
number on the return address portion of the envelope designed for
mailing.
(4)
The absentee elector shall sign and date the statement appearing
on the reverse side of the envelope designed for mailing.
(5)
Unless the ballot is personally delivered to the Commission office
by the absentee elector, the absentee elector shall mail the absentee
ballot to the Commission office using one of the following public
or private parcel carriers:
F.
Receipt of absentee ballots.
(1)
A Commission official or agent designated by the Commission shall
accept and receive any absentee ballot that:
(a)
Is sealed in the mailing envelope issued by the Commission;
and
(b)
Bears the full first name, middle name, last name, maiden name,
suffix and last four numbers of the absentee elector's social security
number on the return address portion of the envelope provided by the
Commission, and that information matches the information contained
on the written request for an absentee ballot; and
(c)
Is properly signed and dated on the stamped portion of the envelope;
and
(e)
Bears an official postmark or such other legitimate delivery
stamp, mark or packaging of a public or private parcel carrier; or
(f)
Has been personally delivered by an absentee elector.
(2)
The accepted envelope containing the absentee ballot shall immediately
be placed in a locked ballot box designated for absentee ballots.
Under no circumstance shall a Commission official or agent open an
absentee ballot, or open the ballot box designated for absentee ballots,
until the day of the primary, main or special election.
(3)
Any absentee ballot that does not meet the requirements stated in Subsection F(1) shall be immediately placed in a locked ballot box designated for nonconforming absentee ballots. Such ballot box shall not be opened unless ordered by the court and shall not be tallied in any election unless ordered by the court.
(4)
After one year from the date of the election, the ballot box designated
for nonconforming absentee ballots may be opened by the Commission
and the contents of it may be discarded or destroyed as the Commission
deems fit.
G.
Inconsistencies in absentee ballot requests.
(1)
If an elector submits a request for an absentee ballot and the Commission
finds that a duplicate request has previously been issued in the name
of the elector, the Commission shall:
(a)
Identify who the legitimate elector is, utilizing direct Commission
investigation or the investigatory assistance of the Menominee tribal
police; and
(b)
If necessary, issue an absentee ballot to the legitimate elector
by mailing such absentee ballot in an envelope containing the absentee
ballot and a pre-addressed, stamped envelope that is specially marked
in such way to signify that the ballot supersedes any others issued
in the name of the elector; and
(c)
Send notice to the illegitimate requestor that his or her request
for an absentee ballot, along with the absentee ballot, if applicable,
is being sent to the Menominee tribal police for possible criminal
prosecution; and
(d)
Conduct all investigations within 10 working days of receiving
the duplicate request.
(2)
If the Commission finds that five or more absentee ballots have been
issued to the same mailing address, the Commission shall conduct a
direct investigation or utilize the assistance of the Menominee tribal
police to determine whether any voting irregularities have taken place.
H.
Commission report on absentee ballots.
(1)
The Commission shall issue a report to the Chairperson's office and
Chief Justice of the Tribal Judiciary within 10 business days following
the deadline date to request absentee ballots. The report shall include
the following information:
(a)
Number, names and addresses of absentee ballots requested and
the proportional distribution of absentee ballots requested by each
community;
(b)
Number, names and addresses of absentee ballots received and
the proportional distribution of absentee ballots received;
(c)
Names and addresses of individuals where duplicate requests
for absentee ballots were made; and
(d)
Names and addresses of individuals where five or more absentee
ballots were sent to the same mailing address.
(3)
A confidential version of the report shall be provided to Commission
officials and agents at the election polls, which shall include the
social security numbers and dates of birth of the absentee electors.
A.
Eligibility. Any elector who has not cast an absentee ballot may
vote at one of the election polls.
B.
Polling locations. The following polling locations shall be opened on the dates and at the times specified in § 63-17 of this chapter:
C.
Opening of the absentee ballot box.
(1)
One hour before the opening of the election poll, the Commission
shall open the absentee ballot box, excluding the ballot box designated
for nonconforming absentee ballots.
(2)
The mailing envelopes containing the absentee ballots shall be arranged
in alphabetical order by the absentee elector's last name.
(3)
The envelopes containing the absentee ballots shall only be accessible
by a Commission official or agent and secured in such a way as to
prevent an absentee ballot from being lost, misplaced or stolen.
(4)
At the end of the first day of polling, the absentee ballots shall
be resecured in such a way as to prevent disturbance, loss or theft
of a ballot.
(5)
At the end of the second day of polling, the absentee ballots shall
be resecured in such a way as to prevent disturbance, loss or theft
of a ballot while the absentee ballots are being transferred to the
designated tallying location.
(6)
All absentee ballots shall be under the strict control of two or
more Commission officials or agents while they are located at an election
poll.
D.
Procedure for casting a ballot.
(1)
An elector who has not cast an absentee ballot shall go to one of
the specified polling locations and provide a Commission official
or agent with the following:
(2)
The Commission official or agent shall determine whether the elector
is qualified to cast a ballot at the election poll based upon his
or her review of the information provided by the elector, the official
tribal roll, social security numbers contained in the official tribal
roll and the report of absentee electors.
(a)
If the Commission official or agent determines that an elector
has not already cast an absentee ballot, the Commission official or
agent shall provide the elector with an official ballot for him or
her to complete.
(b)
If the Commission official or agent determines that an absentee
ballot has already been cast in the name of the elector, the Commission
official or agent shall:
[1]
Obtain the mailing envelope containing the absentee ballot submitted
by the elector;
[2]
Stamp and initial the envelope containing the absentee ballot
as a nonconforming absentee ballot;
[3]
Require the elector to sign next to the stamp;
[4]
Place the envelope containing the absentee ballot in the ballot
box designated for nonconforming absentee ballots;
[5]
Append a note to the record of absentee ballots briefly describing
why the absentee ballot is nonconforming; and
[6]
Issue a ballot to the elector.
(c)
The elector, upon receiving a ballot, shall be allowed to vote
in a private booth or station set up by the Commission. The elector
may ask for assistance from a Commission official or agent on how
to vote if the elector does not understand the instructions made available,
but assistance on who to vote for or what issue to vote on shall not
be given.
(d)
An elector who has a bona fide physical impairment that makes
it difficult for the elector to cast a vote may be provided such reasonable
assistance as the Commission deems appropriate.
E.
Election poll monitors.
(1)
A candidate shall be entitled to have one election poll monitor for
each of the polling places. The candidate shall submit the names of
his or her election poll monitor(s), in writing, to the Commission
no later than 4:00 p.m. the day before the election.
(2)
Election poll monitors will not be entitled to receive any compensation
from the Tribe, but may be compensated by a candidate.
(3)
An election poll monitor is limited to observing the opening of the
absentee ballot box, the election and the tallying of ballots.
(4)
An election poll monitor is not allowed to leave the polling place
until the polls close. If the poll monitor does leave, he or she will
not be allowed to return until after the polls are closed.
(5)
No candidate shall be able to designate himself or herself as an
election poll monitor.
(6)
An election poll monitor may not attempt to influence any eligible
voter or Commission official or agent. An election poll monitor who
interferes with or attempts to influence a voter or Commission official
or agent shall be removed from the polling location.
(7)
An election poll monitor will be required to sign an election poll
monitor registry and wear a badge or other appropriate identification
designating him or her as an election poll monitor.
(8)
In order to alleviate any overcrowding at the election polls, the
Commission may limit the number of election poll monitors to three
monitors at an election poll at any one time by establishing a schedule
for all election poll monitors.
A.
Official tallying location. All ballots cast at the polls and cast absentee shall be tallied at the polling location that is the last to close pursuant to § 63-17 of this chapter.
B.
Tallying of ballots cast at the election polls.
(1)
The Commission shall begin tallying ballots cast at the election
polls immediately following the closing of the polls on the last day
of the election.
(2)
All ballots cast at the polls shall be counted, except:
(3)
The Commission shall record:
(a)
The number of ballots that were cast at each polling location;
(b)
The number of ballots that were cast and counted;
(c)
The number of ballots that were cast but not counted, including
a brief description as to why such ballots were not counted; and
(d)
Such other information as the Commission may determine.
(4)
The Commission shall tally the votes in a private setting free of
distractions by the public, but election poll monitors shall be allowed
to be present during the tally.
(5)
The tally, tie breaker and certification of results shall, to the
maximum extent practical, be broadcast via webcast or utilizing some
other multimedia means.
C.
Tallying of absentee ballots cast.
(1)
The Commission shall begin tallying absentee ballots cast immediately
following the tallying of ballots cast at the polls.
(2)
All absentee ballots cast shall be counted, except:
(a)
Ballots containing votes that exceed the number of votes able
to be cast in the election; or
(b)
Ballots containing more than the number of votes able to be
cast for an off-Reservation candidate; or
(c)
Ballots that have been superseded by a specially marked ballot;
or
(d)
Ballots that do not bear the endorsement of a Commission official
or agent; or
(e)
Ballots that were contained in an envelope along with other
absentee ballots; or
(f)
Ballots contained in the absentee ballot box designated for
nonconforming ballots.
(3)
The Commission shall record:
(a)
The number of ballots that were cast at each polling location;
(b)
The number of ballots that were cast and counted;
(c)
The number of ballots that were cast but not counted, including
a brief description as to why such ballots were not counted; and
(d)
Such other information as the Commission may determine.
(4)
The Commission shall tally the absentee votes in a private setting
free of distractions by the public, but election poll monitors shall
be allowed to be present during the tally.
(5)
The tally, tie breaker and certification of results shall, to the
maximum extent practical, be broadcast via webcast or utilizing some
other multimedia means.
A.
Tally results.
(1)
Upon completing the tallying of votes, the Commission shall announce
the results of the tally.
(2)
As provided for in Article VI, Section 6, of the Constitution, if
the final tally reveals a tie between two or more candidates, the
tie shall be broken by some means of chance agreed upon by the candidates
involved.
(3)
As provided for in Article IV, Section 3, of the Constitution, "[w]ith
candidates placed in order of number of votes received from the highest
to the lowest, offices shall be filled beginning with the candidate
who received the highest number of votes, and proceeding down the
order, provided that, no more than two offices of the Tribal Legislature
shall be filled by nonresident tribal members."
(4)
The vote of a majority of the eligible tribal voters voting in a
tribal election shall constitute action by the Tribe, including tribal
approval or disapproval, and tribal consent or rejection.
(5)
The Commission shall certify the results of the tally, and, if applicable,
the results of any tie breaker. The certification shall include the
endorsement of all three Commissioners.
B.
Commission report on election results.
(1)
The Commission shall issue a brief report to the Chairperson's office
and the Chief Justice of the Tribal Judiciary within one working day
following the election that provides a summary of the election results.
(2)
The Commission shall issue a detailed report to the Chairperson's
office and the Chief Justice of the Tribal Judiciary within five working
days following the election. The detailed report shall include the
following information:
(a)
A detailed breakdown of votes cast in the election;
(b)
A comparison of the votes cast at the election polls to votes
cast by absentee ballot;
(c)
A comparison of the votes cast from on-Reservation votes to
off-Reservation votes;
(d)
A comparison of the votes cast among the major communities on
and off the Reservation;
(e)
A summary of the total number of absentee ballots requested,
total number of absentee ballots actually cast, and total number of
absentee ballots rejected;
(f)
A summary of the number of ballots printed, issued, lost or
destroyed, and remaining at the end of the election;
(g)
Any notable irregularities that occurred during the election;
and
(h)
Such other information as the Commission may deem necessary.
A.
Commission necessity. The Commission shall be authorized to recount
the ballots as many times as it deems necessary to insure an accurate
count of votes.
B.
In the event of a tie. The Commission shall recount all ballots in
the event the initial tally reveals a tie among candidates.
C.
Candidate requested.
(1)
No certified candidate may request a recount of the ballots except
a certified candidate who lost a position by a margin of less than
5% of the votes cast for that position. The request must be made by
4:00 p.m. on the day following the certification of election results
and must be accompanied by a personal check, or cash, in the amount
of $100. The request must be made in writing and delivered to a Commission
official or agent.
(2)
Upon receiving a valid request for a recount, the Commission shall
conduct a recount immediately.
(3)
No certified candidate can request a second recount.
(4)
No write-in candidate can request a recount.
The election milestones in this chapter shall take place on
the dates and at the times specified in the following tabular summary.[1]
[1]
Editor's Note: The tabular summary is included at the end of this chapter.
In accordance with Bylaw IV of the Constitution, every newly elected Legislator shall take the following Oath of Office on the date and at the time provided for in § 63-17 of this chapter: "I, __________, do hereby solemnly swear that I will support and defend the Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin, that I will carry out faithfully and impartially the duties of my office to the best of my ability; and that I will promote and protect the best interests of the people of the Menominee Indian Tribe of Wisconsin."
A.
Commencement. The term of office for a Legislator elected to office pursuant to this chapter shall commence immediately upon his or her receiving the oath of office at the induction ceremony scheduled pursuant to § 63-17 of this chapter.
B.
Conclusion. The term of office for a Legislator elected to office
pursuant to this chapter shall conclude on whichever of the following
occurs first:
A.
Constitutional requirement on disputed elections. Article VI, Section
7, of the Constitution provides for the following in the event of
a disputed election:
(1)
Any eligible voter or group of eligible voters of the Menominee Indian
Tribe may challenge the validity of the results of any tribal election
on the ground that such election was conducted in violation of this
Constitution and Bylaws, or of tribal ordinance or of any provision
of the Indian Civil Rights Act (25 U.S.C. §§ 1301 and
1302).
(2)
Such challenge shall be commenced within 10 days after the Tribal
Election Commission certifies the results of the election by a written
complaint filed in a trial court of the Tribe.
(3)
The complaint shall:
(a)
Specifically charge the person or persons alleged to have violated
the law with having committed an offense against this Constitution
and Bylaws, or tribal ordinance or a provision of the Indian Civil
Rights Act (25 U.S.C. §§ 1301 and 1302); and
(b)
Specify the constitutional provision or provisions, or the tribal
ordinance, or the provision of the Indian Civil Rights Act alleged
to have been violated; and
(c)
State the facts alleged to have been violated; and
(d)
State the facts alleged to support such charge or charges.
(4)
Upon filing of such complaint, the Tribal Court shall promptly hold
an initial hearing at which evidence is received from the complainant
or complainants in support of the charges in the complaint.
(5)
Any person or persons charged in the complaint shall have full opportunity
to respond at the hearing to the charges and evidence offered in support
of the complaint.
(6)
At the conclusion of the initial hearing, the Court may make a final
decision in the case either dismissing the complaint or granting the
relief sought; or the Court may order interim relief pending further
investigation and hearings in the case.
(7)
If the disputed election involves the filling of a tribal office,
and the Court decides that further investigation and hearings are
necessary, the Court shall, at the conclusion of the initial hearing,
specifically grant or deny permission to fill the office pursuant
to the election results pending further investigation and hearing
and a final decision on the charges.
(8)
The Court may, at the conclusion of the initial hearing and in the
interests of justice, appoint an unbiased commission to investigate
the charges further and to present any evidence gathered to the Court
at a hearing at which both sides in the case have opportunity to be
heard, to present evidence and to question the Commission.
(9)
At the conclusion of all hearings, the Court shall decide whether
the charges have been proven. If the Court determines one or more
of the charges have been proven, the Court shall provide such relief
as is appropriate, which may include invalidating the tribal election
in question and ordering a new election to be held.
B.
Frivolous challenges. If the Court finds the challenge is frivolous
and/or wholly without merit, the challenging party may be assessed
costs of the action in an amount equal to actual court costs plus
attorney fees.
C.
Commission representation. In any dispute where the Commission is
alleged to have violated this chapter or any constitutional requirement
in the conduct of an election, the Commission shall be represented
by an outside law firm licensed to practice law in the State of Wisconsin.
The Commission shall organize and store all ballots, requests
for ballots, reports, correspondence, notices, and any other information
received or submitted on an election for a period of one year from
the date of the election. After this period, all records shall be
discarded or destroyed in whatever manner the Commission deems necessary.
It shall be a violation of this chapter, punishable as provided
herein, for any person subject to the jurisdiction of the Tribe to
commit the following acts:
A.
Failure to personally circulate nomination petition. Any person who
fails to personally circulate his or her own nomination petition shall,
upon conviction, forfeit $50 for each violation.
B.
Unlawful campaign postings.
(1)
Any person who screws, nails, staples, or otherwise affixes a poster,
sign, banner, or other campaign notice to any standing green timber
shall, upon conviction, forfeit $50 for each violation.
(2)
Any person who fails to remove his/her poster, sign, banner, or other
campaign notice within four months of the main election in January
shall, upon conviction, forfeit $50 for each such poster, sign, banner,
or other campaign notice that is not removed.
C.
Destruction of certain campaign advertisements. Any person who mutilates,
defaces, or destroys another candidate's signs, posters, banners,
or billboards shall, upon conviction, forfeit $50 for each violation.
D.
Unlawful soliciting of votes before election day. Any person who,
prior to the day of an election, provides an elector any money, an
alcoholic beverage, or any good or service in excess of $10, in exchange
for the elector's vote, shall, upon conviction, forfeit $50 for each
violation.
E.
Unlawful soliciting of votes on election day. Any person who, on
the day of an election, provides an elector any money, an alcoholic
beverage, or any good or service, including transportation services,
in exchange for the elector's vote, shall, upon conviction, forfeit
$50 for each violation.
F.
Unlawful distribution of campaign propaganda. Any person who distributes
any tribal election campaign literature, brochures, fliers or other
type of propaganda to, from or on an intranet, website, or e-mail
server owned or operated by the Tribe or one of its chartered entities
shall, upon conviction, forfeit not less than $500 nor more than $1,000
for each violation.
G.
Unlawful electioneering. Any person who attempts to persuade electors
to vote in a certain way, either passively or actively, within 100
yards of a polling place on the date and during the time of an election
shall, upon conviction, forfeit $50.
H.
Failure to disclose campaign funds. Any person who fails to disclose
to the Commission any funds he or she received that are required to
be disclosed to the Commission, or who fails to make such disclosure
within the disclosure time frame, shall, upon conviction, forfeit
$300.
I.
Copying or altering an official ballot. Any person who copies or
in any way tampers with an official ballot in order to alter the outcome
of an election shall, upon conviction, be fined $500 and sentenced
to 30 days in jail.
J.
Misrepresenting one's own identity to obtain an absentee ballot.
Any person who misrepresents his or her own identity in order to obtain
an absentee ballot shall, upon conviction, be fined $1,000 and be
sentenced to 90 days in jail.
K.
Misrepresenting one's own identity at the election polls. Any person
who misrepresents his or her own identity at the election polls in
order to cast a vote at the election poll shall, upon conviction,
be fined not less than $1,000 nor more than $5,000 and be sentenced
to not less than three months in jail nor more than one year in jail.
L.
Ballot theft. Any person who steals another person's ballot shall,
upon conviction, be fined $5,000 and sentenced to one year in jail.
This chapter and this section shall be enforced by the Commission
and the Menominee Tribal Police Department. The Menominee Tribal Police
Department shall notify the Commission of any charges filed for violation
of this chapter and the disposition of those charges.
Ordinance No. 79-20, entitled "Legislature Elections," is hereby
repealed in its entirety. Any reference in any law, regulation, or
other document of the Tribe to Ordinance No. 79-20 is hereby deemed
to be a reference to this document.
