Section GOV.03.10 — Procedures For Conducting Elections
The Election Board having sole authority to conduct an election shall follow these procedures:
(a) The Election Board members are to report to the polling place at least one hour prior to the opening of the polls. Election Board members shall not carry cellular telephones or other communication devices into the polling area to protect against allegations of improper communications during the voting process.
(b) It shall be the duty of the Election Board to ensure that all campaign material is removed from the polling area and that all persons in the polling area refrain from any activities intended to influence the vote on the day of the election.
(c) It shall be the duty of the Election Board to ensure that no ballots nor other official election material is removed from the voting area until after the election process has been completed.
(d) Each Election Board member must verify that the ballot box is empty, the electronic voting machine is set at zero via the zero report, and then the ballot box is secured by means of a lock.
(e) Each Election Board member will initial each ballot on the back in one corner prior to the opening of the polls.
(f) Both Election Clerks shall independently verify the enrollment and date of birth of each voter and then record the same. The Election Clerks can require that proper identification be presented by each voter.
(g) Enrollment will be verified by the Election Clerk by consulting the certified tribal roll of tribal members who are voting age provided by the Stockbridge-Munsee enrollment office.
(h) An Election Clerk shall then assign a number and a place in line to each voter.
(i) One Election Clerk shall record the name of each person that casts a ballot. Each person may only cast one (1) ballot per election, not including ballots destroyed per subsection (m) herein.
(j) The Election Teller(s) shall then give a ballot to the voter holding the number, just prior to the voter entering the voting booth.
(k) After the voter has voted in the voting booth, the Election Board Judge shall instruct the voter to place the ballot sheet into the vote counting machine.
(l) The Election Board Judge shall ensure that the ballot is received into the vote counting machine.
(m) If the vote counting machine rejects the ballot, the Election Board Judge shall instruct the voter to check the machine for notice of over-votes and the ballot for over-votes.
(1) An over-vote occurs when the voter places more votes in a category than the ballot allows for. For example, if the ballot states to vote for one candidate and the voter places two marks, for two different candidates, an over-vote has occurred.
(2) If the voter determines that there has been an over-vote, the voter may request a new ballot.
(A) If a new ballot is requested, the Election Board Judge shall destroy the over-vote ballot, and the voter shall be issued a new ballot and the voter shall complete steps (k), (l), and (m).
(B) The Election Clerks shall keep track of the number of destroyed ballots during the election.
(3) If the voter determines that there has not been an over-vote or there has been an over-vote and the voter still desires that the ballot be counted, the Election Board Judge shall override the vote counting machine, so the ballot can be accepted.
(A) If the vote counting machine is instructed to override by the Election Board Judge, the vote counting machine will record and tally the portion(s) of the ballot that do not contain an over-vote(s).
(n) The Election Board shall cause the doors to the polling place to be locked exactly at 8:00 P.M.; but, shall allow all those eligible voters inside the polling place to cast their ballots.
(o) In no instance shall a member of the Election Board leave the polling area until the final vote count is completed, unless an alternate arrives to take his/her place.
(p) An individual with a disability or needed assistance may request assistance from the Election Board or a specific accommodation, such as not entering a voting booth, from the Election Judge provided that it will facilitate his or her voting.
(q) Other than persons actively voting, only the Election Board, Election Board alternates, election observers and authorized law enforcement are permitted to remain in the polling place, in the polling place building or parking lot while the polls are open.
(r) Up to four (4) election observers, other than candidates, may remain in the polling place while the polls are open and during the vote tally.
(1) Election observers shall not interact with voters or the Board about the election or any candidates or engage in actions that disrupt or interfere with the election process.
(2) The Election Board may determine a specific location within the polling area, which is in view of the Board and polls, for use by the elections observers.
(3) Tribal members who wish to serve as election observers shall submit their names to Tribal Council. If more than 4 individuals submit their name, the Tribal Council will select the election observers by lot at the last regularly-scheduled Council meeting before the election.
(A) Observers for the primary election shall submit their names prior to the 1st regularly scheduled Tribal Council meeting in September.
(B) Observers for the general election shall submit their names prior to the 1st regularly scheduled Tribal Council meeting in October.
(s) No campaign materials or campaigning are permitted within 100 feet of building where the polling place is located on the day of the election.
(t) Absentee voting is not permitted.
(u) If an Election Board member has to leave building during an election and is replaced by an alternate, then the former Election Board member may not re-enter the building and resume service as an Election Board member.
