1.03.040 Election Board

(a) Election Board Appointment:

(1) The Tribal Council shall appoint members to the Election Board, through a Tribal Council Resolution, which shall consist of three (3) members and up to two (2) alternates. Alternates must meet the requirements of Section 1.03.040(b) herein.

(2) The appointment term of office of Election Board members shall be five (5) years and staggered, with terms expiring every other year. Where a vacancy occurs, Tribal Council can appoint a new Election Board member to fill the length of the unexpired term. Tribal Council can reappoint Election Board members and alternates through a resolution, at its discretion.

(3) Tribal Council may appoint an alternate(s) for a term of three (3) years. Alternates are expected to attend Election Board meetings and act in situations such as absent Election Board members, resignations, recusals, or while an existing vacancy is being filled. Alternates will receive compensation equal with that of regular Election Board members.

(b) Election Board Qualifications:

(1) To serve on the Election Board, members must:

(A) Meet the criteria of an Eligible Voter; and

(B) Pass a drug test and meet the criminal background requirements for Candidates, as defined in this chapter.

(c) Election Board Powers, Oath, and Responsibilities:

(1) Upon accepting the appointment to serve, each Election Board member shall take and sign an oath that shall become part of the Election Board's records stating that they will serve according to the best of their ability and shall make every effort to prevent fraud or abuse in the Election or Referendum process.

(2) Each Election Board member must sign and abide by the Saint Regis Mohawk Tribal Boards, Commissions, & Committees Code of Conduct. Failure to do so may result in removal from the Election Board by Tribal Council. Breach of the Saint Regis Mohawk Tribal Boards, Commissions, & Committees Code of Conduct shall result in removal from the Election Board by Tribal Council upon the Election Board's recommendation.

(3) The Election Board shall adopt by-laws, regulations, and procedures consistent with this chapter, as necessary, and shall be responsible for performing their duties in accordance with this chapter, their by-laws, policies, and procedures, including carrying out all aspects of conducting an Election or Referendum. All by-laws, regulations, and procedures adopted by the Election Board shall be listed in an appendix to this chapter and made publicly available.

(4) The Election Board shall have the power to conduct all Elections and Referendums free from any outside influence and shall do so in accordance with this chapter.

(5) Further, the Election Board shall have the power to conduct a Recall Election at the direction of the Ethics Officer upon a final determination of the Ethics Commission or resulting from a vote during a Recall Referendum.

(6) The Board shall perform all tasks required of it by this chapter and shall be responsible for the following:

(A) Provide public notices of the time, date, and place for Caucus, Elections, and Referenda;

(B) Provide information on Candidate and voter eligibility;

(C) Call for and receive nominations;

(D) Confirm Candidates meet the eligibility criteria as prescribed in Section 1.03.050 herein with an affidavit prescribed by the Election Board;

(E) Prepare ballots and ballot boxes for voting;

(F) Ensure at least one (1) Saint Regis Mohawk Tribal Police Officer shall be present in the Polling Area from opening to closing of voting and shall witness the counting process;

(G) Verify with the Tribal Police Officer that all ballot boxes are empty prior to the start of voting;

(H) Supervise the counting of ballots at the close of polls;

(I) Arrange for necessary personnel to staff election tasks prior to the Election;

(J) Ensure sufficient number of voting booths;

(K) Provide tally sheets to record election results; and

(L) Officially and publicly announce election results.

(7) The Election Board shall be responsible for maintaining accurate and organized records of all Elections, Referenda, petitions, appeals, and any other materials or documents related to the administration of this chapter.

(8) The Election Board shall maintain records of its decisions to guide future decisions, to ensure consistency and uniformity in the application of the Ordinance.

(9) The Election Board may request technical opinions or guidance from appropriate professionals in making decisions under this chapter.

(d) Election Board Compensation:

(1) Each Election Board member shall be compensated at a rate set by the Tribal Council for the time spent discharging their responsibilities as an Election Board member.

(e) Election Board Equipment and Materials - Payment of Expenses:

(1) According to a budget approved by Tribal Council, the Election Board may procure equipment, supplies, materials, books, papers, and records of any kind, as well as training to conduct elections, as the Election Board deems necessary to facilitate and assist in administering this chapter.