The following article is part 5 of a 5-part series of articles breaking down the Election Code of Lac Courte Oreilles Tribal Law. This series will be reprinted from the Election Code, which will explain the Tribe’s election process as Saturday, April 1, is the nominating caucus setting the stage for which candidates will run for the four open seats on the Tribal Governing Board.
The five parts are as follows: Part 1 Election Committee, Part 2 Election Process, Part 3 Caucus and Nominating, Part 4 Primary and General Election, Part 5 Other Election Processes.
The Election Code is not printed in its entirety, only relevant parts to explain the actual process.
ELE.1.5.080 Absentee Ballot Information
(a) No absentee ballot can be received without first being requested for in writing, by the person desiring to vote. Each eligible voter must request their own separate ballot in a separate envelope and sign the request. (See Sample Request Form — Attachment "B").
(1) The use of the form established in Attachment B is not required but recommended.
(b) "Absentee Ballot" requests are only filed under these circumstances pursuant to Article IV, § 3 of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians:
(1) Member is in a nursing home, hospital, or other health care facility;
(2) Member is serving in a branch of the United States Armed Forces away from the reservation on the day of the Election.
(c) All "Absentee Ballot" requests must be mailed to:
Election Committee Chairperson
LCO Tribal Administration Building
13394W Trepania Road
Hayward, WI 54843
(d) All "Absentee Ballot" requests must be received no later than two (2) weeks prior to the election date. No Absentee Ballots shall be distributed after the Monday preceding the election date.
(e) All "Absentee Ballot" requests shall include all of the voter's previously used surnames (i.e., maiden, previous marriage, etc.).
(f) All requests for Absentee Ballots shall be processed as follows:
(1) Determine if absentee voter meets the eligibility requirements by checking the enrollment status of the absentee voter; and
Deliver the Official Ballot, Absentee Ballot Certification (Attachment "E"), and Instructions for Voting by Absenteeism (Attachment "H") to the requesting voter by US Mail.
(2) Log the listing and numbering of all individuals that have requested, and shall receive, an "Absentee Ballot."
(3) Log all Absentee Ballots returned to the Election Committee.
(4) Provide a copy of the absentee ballot log to the Election Committee members at each polling site.
(g) Cast Absentee Ballots shall be received via regular mail or hand-delivery to the Tribal Administration Building; no later than 6:00 P.M. on the day prior to the Election;
(h) Once an "Absentee Ballot" is received, the voter shall not be allowed to vote at the polling site.
(i) All Absentee Ballots, however received, shall be placed and maintained by the Election Committee in a locked ballot box until counted.
ELE.1.5.090 Certification of Election Results
Upon completion of the ballot counting, the Election Committee Chairperson, or another member of the Election Executive Committee if the Election Committee Chairperson is unavailable, shall certify the number of votes received by each candidate on a form approved by the Election Committee (Attachment "G"). The Election Chairperson, or other member of the Executive Committee if the Chairperson is unavailable, shall then certify the Election results and declare the Election winners in accordance with Article IV of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. The Election Committee must complete their respective tasks of ballot counting, certification of election results, and the declaration of Election winners in one sitting without recess or adjournment. Once the Election results have been certified and the Election winners declared, a member of the Executive Committee shall ensure that the ballots are placed in a locked location to which all persons having access are known by the Executive Committee. No person shall gain access to the locked ballot storage location without prior approval of Executive Committee. The Chairperson, or other member of the Election Executive Committee if the Chairperson is unavailable, shall maintain a log of all persons obtaining access to the ballots indicating the date and time of such access.
ELE.1.5.100 Recounts
Any candidate may request a ballot recount within three (3) working days of the date of the Election. The request for recount shall be directed to the Election Committee Chairperson who shall convene the Election Committee within three (3) working days of the receipt of such request. The Election Committee shall prescribe the procedures by which a recount shall be conducted. Upon completion of the recount, the Election Committee, by majority vote, shall either affirm the original certification of election results and declaration of election winners or modify such certification and declaration in accordance with the results of the recount. If necessary, the Election Committee Chairperson shall issue a new certification of election results and/or a new declaration of election winners. The time limit prescribed for instituting the election challenges shall not be affected by any request for election recount. However, the Election Committee may withhold its decision of any election challenge until the completion of election recounts.
ELE.1.5.110 Challenges
(a) Challenges to the eligibility of any individual to be placed on either the Primary or General Election Ballot must be made to the Election Committee within three (3) working days after the date of the ballot order being established pursuant to ELE.1.5.040 or ELE.1.5.070 of this ordinance. Challenges must indicate with specificity, the grounds for the challenge. Within three (3) working days of receipt of the challenge, the Election Committee Chairperson shall then convene the Election Committee. At that time, the Election Committee shall consider the challenge, including the grounds and supporting documentation. The Election Committee shall then, by absolute majority vote:
(1) Issue a decision to stand by original ballot order;
(2) Modify the ballot order; or
(3) Withdraw its ballot order and forward the challenge to the Tribal Court within twenty-four (24) hours, so that the Tribal Court may decide the appropriate course of action.
(b) All election irregularity challenges must be made within three (3) working days from the date of the Election. Challenges must indicate with specificity, the grounds for the challenge. Within three (3) working days of receipt of the challenge, the Election Committee Chairperson shall then convene the Election Committee. At that time, the Election Committee shall then consider the challenge, including the grounds and supporting documentation. The Election Committee shall then, by absolute majority vote:
(1) Issue a decision to stand by original certification of election results;
(2) Modify the results originally certified and issue a new certification of results; or
(3) Withdraw its certification of election results and forward the challenge to the Tribal Court within twenty-four (24) hours, so that the Tribal Court may decide the appropriate course of action.
(c) Tribal Court Challenges. Upon receipt of the challenge from the Election Committee, the Tribal Court shall provide for a hearing and render a decision within two working days of the hearing. The decision of the tribal court shall be final and not subject to further appeal.