1.03.050 Eligibility of Candidates

(a) All Candidates must possess the following qualifications:

(1) Have been nominated by two (2) Eligible Voters. Eligibility of nominators will be determined at the time of the nomination;

(2) Not have been convicted of any serious crime as defined by this chapter and must sign a release authorizing a criminal background check within three (3) business days of Caucus;

(3) Individuals must be willing to sign an affidavit stating they not only meet the above listed requirements, but they are also a person of good character and sound judgment;

(4) Be subject to and must pass a drug test prior to being declared an eligible Candidate. The drug test must take place within three (3) business days of Caucus. The results of the drug test shall remain on file for three (3) months following the Election and may be used to establish or deny eligibility to run for office in a Special Election held during this time frame; and

(5) A Candidate may only run for one (1) position in any given election.

(b) Tribal Chief, Tribal Sub-Chief, and Tribal Clerk Candidates must possess the following additional qualifications:

(1) Be an enrolled member of the Saint Regis Mohawk Tribe;

(2) Be an Eligible Voter of the Saint Regis Mohawk Tribe;

(3) Be at least thirty (30) years of age at the time of Election; and

(4) Have resided on the Saint Regis Mohawk Reservation, as defined by the Treaty of 1796, or within a 15-mile radius of the Saint Regis Mohawk Reservation in the United States as adopted by the Election Board, for at least one (1) year immediately prior to the Election.

(1) All Tribal Court Judges must be at least twenty-five (25) years of age before the date of nomination and further, candidates for elected Tribal Court Judgeships shall meet the following qualifications:

(A) Traffic Court Judge - At a minimum, such Candidates shall meet the following requirements:

(i) Possess High School diploma; and

(ii) Willingness and ability to participate in any required training;

(B) Chief Judge (Tribal Court or Court of Appeals) - The Chief Judge/Justice must be an attorney with at least five (5) years' experience and knowledge working with federal Indian and Tribal Law and customs. Further, such candidates shall meet the following requirements:

(i) Must meet one or more of the following professional qualifications to be eligible to serve as a Tribal Chief Judge:

(I) Graduation from an American law school accredited under the American Bar Association;

(II) Admission to practice law before any State or Federal Court; or

(III) Previous experience as a magistrate or lay judge in any local or tribal court.

(i) Must meet one or more of the following professional qualifications to be eligible to serve as a Tribal Associate Judge/Justice:

(I) Graduation from an American law school accredited under the American Bar Association;

(II) Admission to practice law before any State or Federal Court;

(III) Possession of a Bachelors or Advanced Degree with substantial law- related experience; or

(IV) Previous experience as a magistrate or lay judge in any local or tribal court.

(d) Incumbent Candidates

(1) All incumbent Candidates elected to the positions of Tribal Chief, Tribal-Sub-Chief, and Tribal Clerk are subject to the Ethics Ordinance.

(2) All incumbent Candidates elected to the positions of Tribal Court Judges are subject to the Judicial Oversight Commission Ordinance.

(e) Write-In Candidates

(1) A person who was not nominated during Caucus may only run for elected office as a Write-In Candidate by filing with the Election Board a "Statement of Write-In Candidacy", which shall contain the following:

(A) Write-In Candidate's name(s) to be accepted on a ballot;

(B) Write-In Candidate's name as it appears on the Tribal Membership Rolls;

(D) A declaration stating they are running as a Write-In Candidate; and

(E) The elective position for which the Write-In Candidate is running.

(2) Any person who fails to submit a Statement of Write-In Candidacy as outlined above shall not be considered as a Write-In Candidate and any ballot with such person's name shall be considered void.

(3) Should a Write-In Candidate be declared the winner of an elective position, that Write-In Candidate must meet all requirements specified in this section, except Section 1.03.050(a)(1), before their election to such position is certified by the Election Board.