Section GOV.03.17 — Election Board Authority
(a) The Election Board shall:
(1) Have the authority to recount the ballots.
(2) Have the authority to hold a run-off election in case of ties.
(3) Have the authority to consider and hear procedural challenges as to whether the Election Board conducted the election consistent with this Ordinance.
(4) Have the authority and shall destroy all election ballots only after all challenges, recounts, and run-off elections have been resolved.
(5) Have the authority and shall clear the memory card only after all challenges, recounts, and run-off elections have been resolved.
(6) Have the authority to obtain legal advice in relation to disputes before the Election Board.
(b) The Election Board shall have the limited authority to resolve procedural disputes arising out of its actions to conduct the election. All other issues will be heard by Tribal Court in accordance with Section GOV.03.18.
(1) Notice to Contest Election. A tribal member with a dispute arising out of the election must provide written notice that he/she is contesting the election to the Election Board judge within three (3) working days after the certification of the election results.
(A) Such notice must identify the grounds for contesting the election, as well as supporting evidence, including a potential witness list.
(B) Such notice shall be accompanied by a nonrefundable fee of $50.
(C) The Election Board shall provide written notice of the dispute to other affected candidates on the ballot.
(2) Contest Hearing. The Election Board shall promptly schedule a hearing to be held within five working (5) days on the grounds to contest the election. A hearing that provides the affected person(s) an opportunity to state their case must be held.
(A) Hearings conducted before the Election Board shall use a quasi-judicial format.
(B) The Election Board may appoint an individual to act as the hearing examiner for conducting the hearing.
(C) All affected persons, including candidates, shall have an opportunity to be present at the hearing and present their position on the dispute either on their own behalf or through a representative.
(D) Affected persons will be allowed to present witnesses to support their position. The witnesses may be cross-examined by the hearing examiner as well as other affected persons.
(E) Hearings shall be recorded.
(3) The Election Board shall issue a written decision within five (5) working days. The person who contested the election cannot withdraw their objection after a hearing is held.
(4) Remedies. The Election Board shall narrowly tailor remedies ordered to minimize disruption of the election process.
(5) Other than the claims meeting the requirements under Section GOV.03.18, all decisions of the Election Board are final.
