28.03.060 Conduct of Elections

(a) The Election Board shall supervise the general conduct of elections, and shall verify as to the enrollment of voters, shall settle all questions as to the eligibility of voters, resolve all disputes arising from the tabulations of ballots cast in the district polling places, compile the total votes cast in the districts, including the absentee ballots, and certify to the TISA Board the votes cast.

The Election Board shall appoint, at each district polling place, not less than two (2) persons, one to serve as Election Judge and one to serve as Election Clerk from that district. It shall be the responsibility of the Election Board to make arrangements for the polling places and adequately post their locations, obtain all materials such as ballots, pencils, ballot boxes, and to record the election processes to avert and respond to challenges and to provide privacy of voting by either voting booths or partitioning off an area to vote in private.

(b) It shall be the responsibility of the Election Judges to verify, in the presence of the inspector, who is a member of the Election Board; that the ballot box is empty of all ballots and padlocked prior to opening of the polls.

(c) The Election Judges shall count the ballots provided by the Election Board and record the number of ballots received. The Election Judges shall open the polls at the prescribed time, shall authorize additional ballots for the voters only if others have been spoiled, shall keep all spoiled ballots separate from other ballots, and deliver such ballots to the Tribal Election Board along with the ballot box. The Election Judges shall assure that only official ballots are deposited in the ballot box. The Election Judges shall assure the proper tally of all votes cast in the district, shall immediately notify the Election Board of the results, and shall prepare and deliver in the locked ballot box all properly cast ballots, all spoiled and mutilate ballots, all unused ballots, and all records pertaining to the elections in the district to the Election Board. The Election Judges shall assist voters indicating a need for help. The Clerk of the Election shall also assist voters who indicate such need. It shall be the Clerk's duty to assist the Election Judges in carrying out their responsibilities. The Clerks of Election shall be assigned all record-keeping duties, maintaining a roster of the signature and current address of each eligible voter on the register. The number of valid cast ballots should tally with the number voters registered. Discrepancies in the number of votes cast and the number of voters registered should be evaluated and, where a discrepancy could affect the results of the election, the election shall be considered void. Indian preference shall be given to Election Clerks and Election Judges.

(d) Voter Impairment. Any eligible voter who declares to an Election Judge that he or she cannot read English, or because of visual impairment or other impairment is unable to mark his or her ballot, may request the help of an Election Judge to mark his or hr ballot. An Election Judge may assign this duty to an Election Board member. Any person assisting an eligible voter shall hold that person's vote in confidence.