13.12.050 Recall, Referendum and Constitutional Amendment

(a) Recall Petition. An election to vote on whether a particular official should be removed from office must be initiated by a recall petition in the following form:

RECALL PETITION

We, the undersigned qualified voters of the Turtle Mountain Chippewa Band of Chippewa Indians of North Dakota do hereby petition the Turtle Mountain Chippewa Tribal Council, pursuant to the Article VIII, Section 2, of the Constitution and Bylaws of the Turtle Mountain Band of Chippewa Indians of North Dakota, to call a recall election for the purpose of removing _________(Name)_____________________ from office. The reason(s) for removal:

____________________________________________________________________________

Instructions to signers:

Signers of this petition must individually sign their names in the form in which they are registered to vote.

Instructions to circulators:

Before the petition is filed, each circulator must ensure the petition includes: the district of the voter, the residence address and date of birth of the signer (if the signer does not have a designated street address, a post office box must be included), the date of signing, and must legibly print the name of the signer in the space provided. Abbreviations of common usage may be used. Ditto marks may not be used.

Failure to provide all information requested may invalidate the signature.

_________________________________________________________________________

(Signature) (Address) (Date)

_________________________________________________________________________

Print Name City or Town District Date of Birth

(b) Referendum Petition. A referendum may be requested by one of the following means:

(1) Passage of a resolution showing an affirmative vote of five (5) members of the Tribal Council; or

(2) Submission of the following referendum petition form:

REFERENDUM PETITION

We, the undersigned members of the Turtle Mountain Band of Chippewa Indians do hereby demand that the Turtle Mountain Chippewa Tribal Council, pursuant to Article VIII Section 1, of the Constitution and Bylaws of the Turtle Mountain Band of Chippewa Indians of North Dakota, call a referendum election for the purposes of referring to a vote of the eligible voters of the Turtle Mountain Band of Chippewa Indians resolution or ordinance number [specify Resolution or Ordinance and number] passed or proposed by the Tribal Council on [Date], which was passed or proposed for the purpose of: [indicate purpose of resolution or ordinance].

Instructions to signers:

Signers of this petition must individually sign their names in the form in which they are registered to vote.

Instructions to circulators:

Before the petition is filed, each circulator must ensure the petition includes: the district of the voter, the residence address and date of birth of the signer (if the signer does not have a designated street address, a post office box must be included), the date of signing, and must legibly print the name of the signer in the space provided. Abbreviations of common usage may be used. Ditto marks may not be used.

Failure to provide all information requested may invalidate the signature.

_________________________________________________________________________

(Signature) (Address) (Date)

_________________________________________________________________________

Print Name City or Town District Date of Birth

Upon passage of such a resolution or notification of the Bureau of Indian Affairs Enrollment Officer under §13.1205 of this title, the Tribal Council shall call for a referendum election. The Election Board shall hold the election within thirty (30) days.

(c) Constitutional Amendment Petition. The following constitutional amendment petition format shall be used in all efforts of the people to request the tribal governing body to call an election for purposes of amending the Turtle Mountain Band of Chippewa Indians Constitution and Bylaws:

CONSTITUTIONAL AMENDMENT PETITION

We, the undersigned resident voters of the Turtle Mountain Band of Chippewa Indians do hereby demand the Turtle Mountain Chippewa Tribal Council, pursuant to Article XIII Section 2, of the Turtle Mountain Chippewa Tribal Constitution, call an election for the purposes of putting to a vote of the qualified voters of the Turtle Mountain Band of Chippewa Indians the following constitutional amendment:

[Insert text of proposed amendment]

Instructions to signers:

Signers of this petition must individually sign their names in the form in which they are registered to vote.

Instructions to circulators:

Before the petition is filed, each circulator must ensure the petition includes: the district of the voter, the residence address and date of birth of the signer (if the signer does not have a designated street address, a post office box must be included), the date of signing, and must legibly print the name of the signer in the space provided. Abbreviations of common usage may be used. Ditto marks may not be used.

Failure to provide all information requested may invalidate the signature.

_________________________________________________________________________

(Signature) (Address) (Date)

_________________________________________________________________________

Print Name City or Town District Date of Birth