13.12.060 Presentation of Petitions for Recall, Referendum and Constitutional Amendments

Original petitions for recall, referendum and constitutional amendment shall be presented to the Tribal Council by a qualified voter at an open public meeting convened by the Chairperson, or in the absence of the Chairperson, by the Vice-Chairperson. The Council or the Chairperson shall accept the petitions, noting the acceptance of the petitions in the record. Photocopies of petitions shall not be accepted. If the Chairperson is the person being recalled, then the petitions shall be accepted by the Secretary-Treasurer of the Tribal Council.

(a) In the case of recall petitions:

(1) The Chairperson shall turn the petitions over to the Chairperson of the Election Board, or, in the absence of the Election Board Chairperson, his or her duly authorized representative from the Election Board who shall secure such recall petitions by placing them in the custody of the Bureau of Indian Affairs safe.

(2) The Election Board shall meet within seven (7) days to review any recall petitions submitted in accordance with §13.1204(2)(A). Such review shall include verifying whether signatures contained on the petition are those of qualified voters and determining the total number of qualified voters' signatures contained on the petition.

(3) If the recall petition satisfies the requirements set out in this title, the Election Board shall immediately publish notice of a recall election to be held no sooner than fifteen (15) days after such notice, but no later than thirty (30) days after such notice.

(4) After receipt and verification of the original recall petitions, the Election Chairperson, or his/her duly authorized representative of the Election Board, shall secure and maintain all records by depositing the same with the Bureau of Indian Affairs for placement in a locked vault for sixty (60) days in case there is a contested matter, in which case the records shall be retained until there is a final adjudication of the matter. Thereafter, all records shall be destroyed.

(b) In the case of referendum or constitutional amendment petitions:

(1) The Chairperson shall accept the original petitions, noting the acceptance of the petitions in the record. Photocopies of petitions shall not be accepted. After accepting the petitions, the Council or Chairperson, acting on behalf of the Council, shall turn such petitions over to the Chairperson of the Election Board or, in the absence of the Election Board Chairperson, his or duly authorized representative from the Election Board who shall secure such recall petitions by placing them in the custody of the Bureau of Indian Affairs safe. The Enrollment Officer shall secure such petitions and determine the number of qualified voters' signatures contained therein. The Enrollment Officer shall immediately notify the Council as to whether the petitions contain a sufficient number of qualified voters' signatures to call a referendum or constitutional amendment election as required under this title and/or the Constitution.

(2) The Election Board shall hold the election within thirty (30) days and shall publish a notice of the same at least fifteen (15) days prior to such election.

(3) The Election Board shall meet within seven (7) days to review any referendum or constitutional amendment petitions submitted in accordance with §13.1205. Such review shall include verifying whether signatures contained on the petition are those of qualified voters and determining the total number of qualified voters' signatures contained on the petition.

(4) If the referendum or constitutional amendment petition satisfies the requirements set out in this title, the Election Board shall immediately publish notice of a recall election to be held no sooner than fifteen (15) days after such notice, but no later than thirty (30) days after such notice.

(A) Determining Referendum Election. The majority of the votes cast in a referendum election shall be conclusive and binding on the Tribal Council. If the resolution or ordinance is rejected by such vote, such resolution or ordinance shall be null and void as of the date of the referendum and shall not be reconsidered for a period of at least six (6) months.

(B) Determining Constitutional Amendment Election. The majority of the votes cast in a constitutional amendment election shall be conclusive and binding, and the amendment shall take effect immediately or as otherwise specified on the election ballot, provided that at least twenty percent (20%) of the resident voters of the Tribe entitled to vote shall vote in such election and that the amendment is approved in accordance with Article XIII of the Constitution.

(C) All original petitions shall be, after verification, delivered to the Election Board Chairperson who shall deposit the same with the Bureau of Indian Affairs for placement in a locked vault until sixty (60) days after any election called based upon such petitions unless there is a contested election in which case the records shall be retained until there is a final adjudication of the matter. Thereafter the original petitions shall be destroyed.