1.03.170 Appeals and Hearing Procedures

(a) General Provisions:

(1) Any appeals of any decision made by the Election Board pursuant to this chapter must be in writing, addressed to the Appeal Panel within five (5) business days of the Election Board's decision, and include the prescribed filing fee.

(2) Any appeal of an Election or Referenda unofficial results must be in writing and addressed to the Appeal Panel within five (5) business days immediately following the posting of unofficial results of the Election or Referendum, and include the prescribed filing fee.

(3) The Appeal Panel shall determine if an appeal filed has merit to warrant a hearing and shall conduct a hearing according to the provisions in Section 1.03.160 and hearing procedures adopted by the Appeal Panel.

(4) For appeals regarding a nominee's eligibility, the Appeal Panel shall meet within two (2) business days of receiving such appeal to decide whether to have a hearing or dismiss the appeal.

(5) For appeals regarding the determination of Candidate Eligibility, the Appeal Panel shall issue a final written decision or decision to dismiss the appeal within five (5) business days of receiving an appeal. Where the Appeal Panel determines that the nature of the challenge to Candidate Eligibility has no merit, no further appeals of that nature will be considered without new substantive information, including appeals filed after the unofficial results are announced.

(6) For appeals requesting to overturn Election and Referendum results, the Appeal Panel shall issue a final written decision or decision to dismiss the appeal within ten (10) business days of receiving an appeal.

(7) All decisions made by the Appeal Panel shall be final and there shall be no appeals to Tribal Court.

(b) Hearing Provisions For Candidate Eligibility:

(1) Where the Appeal Panel has determined to hold a hearing regarding determination of Candidate Eligibility, the hearing will be scheduled within three (3) business days after the receipt of an appeal.

(2) Before a hearing, notice shall be provided by the Appeal Panel to the:

(A) Complainant; and

(B) The named party in the appeal, who shall also receive a copy of the appeal.

(3) Before the hearing, the Complainant and named party will be given the opportunity to examine any documents filed by the Complainant and any public documents at the Tribal Clerk's office that are directly relevant to the hearing. The Complainant and named party will be allowed to request a copy from the Tribal Clerk of any such document at their expense.

(4) If the Complainant or named party plan on introducing any documents during the hearing or having witnesses, a copy of the documents or list with the names of witnesses with contact information must be provided to the Appeal Panel at least one (1) day in advance of the hearing for the purpose of making the information available to all parties.

(5) The Complainant or named party may, but is not required to, be represented by a lawyer or other representative at their expense.

(6) If the Complainant or named party fails to appear at the time scheduled for the hearing, the Appeal Panel may determine that the right to a hearing has been waived, in which case the appeal or complaint may be dismissed or decided upon based on the written complaint filed.

(7) The Appeal Panel will have sole responsibility for regulating the conduct of the hearing. Failure to follow the Appeal Panel's directions may result in exclusion from the hearing, in a decision against the disorderly party, or in such other relief as the Appeal Panel shall reasonably determine.

(8) Evidence will be considered without regard to admissibility under the normal strict rules for judicial proceedings. All hearings shall be conducted informally, and both oral and documentary evidence pertinent to the facts and issues raised may be received. The Appeal Panel alone will have the authority to decide challenges to the admissibility of evidence.

(1) Where the Appeal Panel has determined to hold a hearing, the hearing will be scheduled within five (5) business days after the receipt of an appeal and the Appeal Panel shall release a summary of the nature of the appeal to the community.

(2) If the Appeal Panel determines that an appeal has merit to hold a hearing, the Election Board, when requested, shall provide the Appeal Panel with documents it has available. Deliberations of the Election Board are deemed confidential and cannot be disclosed to the Appeal Panel.

(3) Before a hearing, notice shall be provided by the Appeal Panel to the:

(A) Complainant; and

(B) Responding Party, including:

(i) The named party in the appeal, who shall also receive a copy of the appeal; or

(ii) Where there is no named party and the appeal is seeking to overturn election results, the Candidate-elect who is the target of the appeal shall be provided a copy of the appeal and be provided with an opportunity to respond.

(4) If the Candidate-elect chooses to file a response to an appeal they must file it within three (3) business days of receiving the appeal to the Appeal Panel. A copy of the Candidate-elect's written response and any documents will be provided by the Appeal Panel to the Complainant in advance of a hearing.

(5) Before the hearing, the Complainant and Responding Party will be given the opportunity to examine any documents filed by the Complainant, responses filed by the Responding Party, and any public documents at the Tribal Clerk's office that are directly relevant to the hearing. The Complainant and Responding Party will be allowed to request a copy from the Tribal Clerk of any such document at their expense.

(6) If the Complainant or Responding Party plan on introducing any documents during the hearing or having witnesses, a copy of the documents or list of names of witnesses with contact information must be provided to the Appeal Panel at least one (1) day in advance of the hearing for the purpose of making the information available to all parties.

(7) The Complainant or Responding Party may, but is not required to, be represented by a lawyer or other representative at their expense.

(8) If the Complainant or Responding Party fails to appear at the time scheduled for the hearing, the Appeal Panel may determine that the right to a hearing has been waived, in which case the appeal or complaint may be dismissed or decided upon based on the written complaint filed.

(9) The Appeal Panel shall have sole responsibility for regulating the conduct of the hearing. Failure to follow the Appeal Panel's directions may result in excluding someone from the hearing, or in such other relief as the Appeal Panel shall reasonably determine.

(10) Evidence will be considered without regard to admissibility under the Tribe's evidentiary rules. All hearings shall be conducted informally, and both oral and documentary evidence pertinent to the facts and issues raised may be received. The Appeal Panel alone will have the authority to decide challenges to the admissibility of evidence.