Hoopa Valley Tribal Code, Title 11

Title 11 - Election Ordinance

AS AMENDED JULY 22, 2003

SECTION 1. AUTHORITY

This Election Ordinance is established by the Election Board of the Hoopa Valley Tribe in California under authority delegated to it by Article VI, Sections 3 and 4 of the Constitution and Bylaws of the Hoopa Valley Tribe in California, which reads as follows:

ARTICLE VI, SECTION 3. ELECTION BOARD

The membership shall elect an election board composed of 5 members which shall enact an ordinance as set forth in Section 4. The terms shall expire as follows: one in one year, two in two years, two in three years and their successor shall serve three year terms.

(a) The membership shall also elect five “alternate” election board members. The terms of office, qualifications and election process shall be the same as for the election board, except the alternate board shall be elected from among candidates running for seats as alternate election board members. In the first election for alternate election board members, the terms shall expire as follows: one in one year, two in two years, two in three years and their successors shall serve three year terms. In the first election candidate terms shall correspond to votes, with the candidates receiving the highest number of votes serving the longest terms and the candidate receiving the lowest number of votes serving a one year term. Vacancies on the election board shall be filled from among elected alternates with the candidates receiving the highest number of votes serving as the first alternate and the candidate receiving the lowest number of votes serving as the fifth alternate.

(b) The election board shall be responsible for screening candidates calling and conducting elections, settling any election disputes, certifying election results and installing successful candidates. The election board chairman shall administer oaths of office. The board shall establish its own rules of procedure. Members of the board shall receive fair payment to be set by the Council for the performance of their duties. The board may levy and collect filing fees from candidates to help defray costs of elections. It may also require that a fee accompany protests of elections for Tribal Council members to help defray any costs of recounts or such actions as the protest may require. Such fee may be refunded if the aggrieved party’s protest is sustained. Members of the board shall be subject to the recall provisions of Article VII, Section 3.

ARTICLE VI, SECTION 4. ELECTION ORDINANCE

"The Election Board shall enact an Ordinance governing elections and setting forth the procedures to be followed in conducting each of the various types of elections. Such Ordinance shall include provisions for secret ballots, absentee voting, registration of voters, screening of candidates, and settling election disputes. A separate section of the Ordinance shall spell out the procedure and format to be used whenever it is necessary to submit petitions for any purpose to the Hoopa Valley Tribal Council or any office or Board of the Tribe. Wherever practical such Ordinance shall include provisions of the State or local election regulations. The Ordinance shall also include provisions for run-off elections in case of tie votes."

SECTION 2. PURPOSE

The intent and purpose of this Ordinance is to establish procedures for fair elections and to ensure the secrecy and sanctity of the ballot. The regulations and procedures contained in this Ordinance shall be administered in such a way as to accomplish this purpose and intent. In cases of disputes as to compliance with these regulations, substantial, rather than complete compliance with these regulations shall be deemed adequate.

SECTION 3. DEFINITIONS

PRIMARY ELECTION: The election preceding each General election of Council Members, Tribal Chairman, and Election Board Members.

GENERAL ELECTION: The election of Council Members, Tribal Chairman, and Election Board Members held in June of each year.

MAJORITY: More than half of the votes cast for a particular office, measure, etc.

TRIBAL COUNCIL: The Hoopa Valley Tribal Council, is an eight member governing body established by Article V, Section 3, of the Constitution.

CONSTITUTION: The Constitution and Bylaws of the Hoopa Valley Tribe in California.

POLLING PLACE: Location designated by the Election Board where balloting takes place.

REGISTRAR: A person designated by the Election Board to accept registration of voters.

ELECTION NOTICE: The official notice that an election will be held on a specific date established by the Election Board.

DATES OF EVENTS: In determining the date of any event pertaining to elections which is fixed by this Ordinance as occurring a certain number of days before or after an election, the day of election shall not be counted, but the day of any other event shall be counted. When the date of the event shall fall on a Saturday, Sunday, or a holiday, the event shall take place on the next working day. When such changes are necessary, the entire sequence of events shall be adjusted so as to maintain the required number of days between each event.

POLL OFFICIAL: An Election Board member or any additional appointee to the Election Board serving at the polls on election day.

QUALIFIED VOTER: Any member of the Hoopa Valley Tribe who will be at leas eighteen (18) years of age on election day and who is duly registered.

DULY REGISTERED: To be duly registered a person must meet the following qualifications:

1. Be at least eighteen (18) years of age on election day.

2. Complete the necessary form to effect registration as required by Section 5, of this Ordinance.

REGISTERED VOTER: One who is qualified to vote by reason of meeting all the requirements listed above under "duly registered".

NON-RESIDENT VOTER: A qualified voter who lives outside the boundaries of the Hoopa Valley Reservation and who has been so designated by the Election Board.

SUBMISSION TO THE ELECTION BOARD: All material which this Ordinance provides is to be submitted to the Election Board, and shall be either delivered in person to the clerk of the Election Board as required by Section 7-a 2, or be mailed to the following address:

Hoopa Valley Tribal Election Board
Post Office Box 1327
Hoopa, CA 95546

SECTION 4. ELECTION OFFICIALS.

4-a. Election Official Duties

The Election Board, shall, pursuant to Article VI, Sections 3 and 4 of the Tribal Constitution and Bylaws, have overall responsibility for the conduct of all elections. These duties shall include, but not be limited to, the following:

(1) Publication of Election Notice at least 75 days before the date of any Primary Election of members of the Tribal Council, or at least 30 days before the date of all elections of issues, shall be made by the Secretary of the Election Board. All notices shall contain the date, time, place and purpose of each election and shall be posted at the polling places, and at various other public places throughout the area served by the established polling place. Each local newspaper that provides useful coverage of Indian communities shall be furnished a copy of the notice for carrying as a public service announcement.

(2) Selection of Election Board Officials. The members of the Election Board shall appoint a Chairman, Vice-Chairman and Secretary from within their membership and, if necessary, such additional appointees from the Tribal membership as may be required for conducting the election and registration of voters. If any member of the immediate family (spouse, son, daughter, mother, father, sister, brother, grandmother, grandfather, aunt, uncle, niece, or nephew) of an Election Board member files as a candidate for office, the Election Board member shall automatically be replaced by an alternate until such election is concluded. Such Board member will not participate in the approval of their relative's candidacy.

Alternates shall meet the same requirements as regular board members in order to be eligible to serve. The term of appointment for an alternate shall be for the duration of the election in which he is serving.

(3) Election Process Review. At the first Election Board meeting following the completion of each General Election the Board shall review the election process in its entirety with the newly elected board members.

(4) Election Supplies. At the direction of the Election Board the Secretary shall arrange for all election supplies including the printing of all ballots and for the printing or other reproduction of tally arrange for the delivery of the same to the Chairman of the Election Board before the opening of the Polls.

(5) Ruling on Qualification of Candidates. The Election Board, upon review of the findings of the bonding company as to a prospective candidate's bondability and the findings of the Board's attorney as to a prospective candidate's criminal record, shall have the final authority to rule upon the qualifications of the candidates as prescribed in Article VI, Sections 6 and 7 of the Constitution and Bylaws and Section 7-a 3 of this Ordinance.

(6) Ruling on Qualifications of Voters. The Election Board shall have the final authority to determine any claim as the right of any person, listed or not listed on the "Registrar of Voters" to vote as prescribed in this Ordinance.

4-b. Internal Procedure of Election Board.

(1) Quorum. A quorum of the Election Board shall consist of three (3) members.

(2) Meetings. Meetings may be called at any time by the Chairman or by request of a majority of the Board to him.

In the event the Chairman fails to call a meeting as requested, any three (3) members of the Board may convene upon proper notification to the other Board members.

(3) Proper Notification. Proper notification shall be at least four (4) days preceding the meeting by mail or two (2) days preceding the meeting by telephone. The Chairman may waive the notification period as he or she may from time to time determine necessary, as long as a bonafide effort is made to notify each member.

SECTION 5. VOTER REGISTRATION AND VOTING LISTS

5-a. Registrars.

The Election Board shall designate official registrars. The polling place shall be designated by the Election Board in the election notice. The Secretary of the Election Board shall serve as registrar for absentee voters. Each registrar of voters shall have custody and responsibility for registration bonds, records, and materials assigned to him.

5-b. Registration Records.

The official register shall be contained in binders designated as "Register of Voters" arranged alphabetically and designed to record all necessary information. A duplicate set of current registration records shall be maintained by the secretary of the Election Board as a "Central File".

5-c. How to Register as a Voter.

Any member of the Hoopa Tribe, otherwise qualified to vote, may register to vote either in person, or by mail with the designated registrar. Those who desire to vote by absentee ballot by reason of living outside the boundaries of the Hoopa Valley Reservation due to being physically unable to go to the polls, regardless of place of residence, shall register with the Election Board secretary.

5-d. Voter Registration

Upon reaching their 18th birthday a tribal member may register through the Election Board office on a one time basis to become eligible to vote in all succeeding tribal elections.

If a tribal member was previously canceled they must re-register to be eligible to vote in all succeeding tribal elections.

5-e. Cancellation of Registration

Cause for cancellation of registration shall be the death of the registered voter or a notarized request from a registered voter that his registration be canceled. Renewal of registration is allowed.

5-f. Registration Period.

Any member of the Tribe, other wise qualified to vote, may register at any time up to the closing of registration which is forty-seven (47) days prior to any elections. Registration shall re-open on the day following the election.

5-g. Preparation and Posting List of Registered Voters.

Upon the close of registration the Secretary of the Election Board shall prepare a list of all registered voters. At least ten (10) days prior to each election, the Secretary of the Election Board shall post said list at the polling place. A current voting list shall be furnished to the Tribal Council before each election. Upon request the voter registration list shall be made available to any Hoopa Tribal Member.

SECTION 6. PRIMARY AND GENERAL ELECTION DAYS

A Primary Election shall be held on the last Tuesday of April each year. The General Election shall be held on the third Tuesday of June of each year. In the event a holiday falls on an election date, or for some other reason it is not advisable to hold an election at the specified time, the Election Board shall designate an alternate time to conduct the canceled election. Such date for the Primary Election shall be no later than the last day of May, and such date for the General Election shall be no later than the last day of June.

SECTION 7. TYPES OF ELECTIONS

Primary Election

General Election

Filling Vacancies (other than regularly occurring vacancies on the Tribal Council)

Referendum

Initiative

Recall

Special Run-Off

Constitutional Amendment

Election Board Members and Alternate Members

The Hoopa Tribal Election Board prefers to have only one election of any type under way at any given time. However, should the Council or any individual wish to properly submit a measure for a vote of the people, it has been established by the Hoopa Tribal Election Board that:

Any issue involving an election process which mandates that an election shall be called and conducted within forty-five (45) days should be officially filed in accordance with Section 8-b of the Hoopa Tribal Election Ordinance. Submission of issues in the aforementioned manner will allow the Hoopa Tribal Election Board to place such issues on the General Election ballot which generally has the greatest number of members voting and will also be more cost effective.

7-a. Election of Tribal Council Members.

1) Qualification for Tribal Council Candidates.

Any member of the tribe may announce his or her candidacy for a specific position on the Tribal Council provided the following qualifications are met:

a) Must be at least twenty-one (21) years of age by the date of the election in which he desires to compete.

b) Must physically reside within the area shown by a circle drawn on a map representing a one hundred (100) mile radius from the tribal office building while in office. Failure to maintain a residence within this area shall be grounds for removal from office.

c) Must not have been convicted of a felony or misdemeanor involving moral turpitude such as, but not limited to, fraud, embezzlement, or theft. Provided that persons who have completed their sentence for such conviction at least ten (10) years prior to the date of the election in which they intend to run for office.

d) Must not have been found liable for a civil judgment issued by any court of competent jurisdiction for conduct, while an officer or employee of the Hoopa Valley Tribe, involving fraud, misappropriation, unauthorized use, theft, or conversion of tribal funds, assets, or property. Provided, that persons who have fully satisfied any such judgment at least ten (10) years prior to the date of the election in which they intend to run for office, may file as candidates.

e) Must be bondable.

f) Each prospective candidate must disclose to the Election Board any personal, financial, and business interests that may create a conflict if that person is elected. Once elected each council member shall report to the Tribal Council and Election Board any situation that may create a conflict while in office.

g) All candidates are to be responsible to have campaign signs removed within 10 days after all types of elections.

It is the Election Board's duty to certify candidates for elected Tribal offices. It is also the Board's duty to make inquiries into areas of known conflict if not disclosed by a prospective candidate. A candidate's failure to disclose known areas of potential conflict may result in a finding of disqualification by the Board. The Board has no authority to disqualify a candidate based on a potential conflict of interest which is disclosed.

Within 24 hours of notification of disqualification such candidate may request a hearing before the Board to contest the Board's decision by filing a written request with the Board's secretary at the Election Board Office. Notice of disqualification is deemed given when written notice thereof, addressed to the candidate, is deposited in the U.S. mail, certified postage prepaid. At the time nomination papers are filed, candidates shall be informed of this procedure for notice, of the date the Election Board shall meet to qualify candidates and of the candidate's opportunity to contact Election Board staff in person or by telephone during regular business hours on the days following the Board's meeting to qualify candidates in order to determine the Board's ruling on their candidacy. A hearing before the Board shall be held within 48 hours of the filing of a request for a hearing, after which the Board shall render a decision within 48 hours. The decision of the Election Board is final.

2) Nomination Procedure

Candidates shall file, in person, for a specific position by submitting to the Election Board a nominating petition pursuant to this section signed by not less than five (5) registered voters. A voter may sign only one petition. Petitions for nomination shall be filed with a person, and at a place, on dates and within hours as designated by the Election Board. Such information shall be typewritten and furnished to each member when they receive their candidacy papers. Deadline for filing nomination petitions shall be 5:00 p.m. on the 100th day immediately preceding the election in which the candidate intends to compete. All prospective candidates must receive and file candidacy nomination papers personally. Candidacy nomination papers submitted in any other manner will be ruled invalid.

3) Procedure for Review and Determination of Candidacy Qualifications.

i. The Election Board shall verify that a candidate is bondable by taking a bond application from those candidates that must be bondable as a qualification for office at the time they file candidacy papers and forwarding the application to any insurance company for a determination as to a prospective candidate's bondability.

ii. The Election Board shall determine whether a candidate has been convicted of any crime that would disqualify him or her from office by retaining an attorney with funds budgeted for their use by the Tribal Council to investigate this aspect of qualification. The attorney shall review criminal history records obtained by the Election Board and make a timely response as to whether his/her findings are positive or negative as to a prospective candidate's criminal history, but if there is insufficient information for the attorney to be able to make a conclusive determination, the attorney shall so notify the Board prior to their preliminary review of candidate qualifications.

iii. The Election Board shall meet at 6:00 p.m. on the 62nd day immediately preceding the pending election to make a preliminary review of the findings of the attorney and bonding company, and of the disclosure statements completed by the candidates. If it appears the candidate has failed to make a necessary disclosure or the attorney has advised the Board that the candidate may not qualify based on the candidate's criminal history but there is insufficient information for the attorney to be able to make a conclusive determination, then the Board shall cause a letter to be sent to the candidate informing the candidate that it appears that there may be a basis for disqualification and notifying the candidate to submit further information in support of his/her candidacy prior to close of business on the date set for final qualification of candidates.

iv. The Election Board shall meet at 6:00 p.m. on the 55th day immediately preceding the pending election to review the findings of the attorney and bonding company, any disclosure statements completed by candidates, and any additional relevant information. If, in this meeting, the Election Board determines that a person is not qualified to become a candidate, the individual affected shall immediately be notified certified mail. Such letter will give reasons for disqualification. Pursuant to Section 4-a of this Ordinance the decision of the Election Board shall be final. Immediately after completion of final determination of candidacy qualifications, including any hearings pursuant to Section 4-a, the Election Board shall act to approve the sample ballot for the impending election. Said ballot shall contain all approved candidates and measures to be voted on in the impending election.

4) Posting Lists of Qualified Candidates and Mailing of Sample Ballots.

Upon completion of review and determination of candidacy qualifications, it shall be the duty of the Election Board to post in public places on the reservation, the names of all candidates who have met qualifications and have been approved for the position of which they have filed. Such lists shall be posted at least forty (40) days prior to the pending election.

Sample ballots will be mailed to all registered voters. The Election Board shall attach to the sample ballots brief resumes listing the educational and business background of candidates when such information is available. Such resumes shall be limited to one 8 1/2" x 11" typed page which must be provided by the candidate.

7-b. Filling Vacancies on the Tribal Council (other than regularly occurring vacancies).

Pursuant to Article V, Section 3 and Article VII, Section 1 of the Constitution and Bylaws, the Tribal Chairman and seven (7) other Council members are elected at large. The Chairman represents the membership as a whole and each Councilman represents one the following districts:

1. Hostler-Matilton	4. Campbell
2. Soctish-Chenone	5. Bald Hill
3. Agency	6. Mesket
	7. Norton

If any member of the Tribal Council or other elected official shall die, resign, be removed or recalled from office, or shall be found guilty while in office of a felony or misdemeanor involving moral turpitude in any Indian, State, or Federal court, or if he shall miss three (3) consecutive regularly scheduled meetings of the Council without being excused by that body, the Tribal Council shall declare the position vacant.

If more than six (6) months remains in the term of the position the Election Board shall conduct a special election of the voting membership for the purpose of filling the vacancy. If less than six (6) months remains in the unexpired term the Council shall appoint a representative to serve the remainder of the unexpired term. The candidate receiving a plurality of votes in this election shall be the winner.

7-c. Primary Election.

A Primary Election shall precede each General Election for the purpose of narrowing each district race, Election Board vacancy, and the position of Tribal Chairman to a maximum of two (2) candidates, thus ensuring the winning candidate will have received a majority of all votes cast. If only two (2) candidates file in any race their names will not appear on the ballot until the General Election. Any candidate for an office who at a Primary Election receives votes on a majority of all the ballots cast for candidates for that office shall be elected to such office. Where no candidate for office receives a majority of all votes cast for an office, the two (2) candidates receiving the highest number of votes cast for that office shall stand for election to that office at the General Election. Where a candidate has been elected to an office at the Primary Election, that office shall not appear on the ballot at the ensuing General Election notwithstanding the death, resignation, or other disqualification of the candidate at a time subsequent to the Primary Election. Successful candidates shall be issued the oath of office following the conclusion of the General Election at the same time and in the same manner as other successful candidates of the General Election.

7-d. General Election

A General Election shall be held in June of each year as otherwise provided in Section 6 of this Ordinance. Candidates who are not elected to an office in the Primary Election shall stand for election in the General Election. Any candidate for an office who at a General Election receives a majority of the votes cast for that office shall be elected to such office.

7-e. Recall Election

Upon receipt of a petition signed by one-third (1/3) of the voters, who were registered to vote in the last election, calling for the recall of any member of the Council or Election Board, it shall be the duty of the Election Board to call and conduct within forty-five (45) days an election on such recall. Recall shall be effective only if a majority of the Tribe's registered voters shall vote in favor of such recall. Within four (4) days of the filing of a petition for recall, the officer sought to be recalled may file with the Election Board an answer in not more than 500 words to the statement of the proponents of the petition, and if such answer is filed it shall be published together with the petition statement in the sample ballot of the election on such recall. Once a member has faced a recall attempt, no further recall action may be brought against him until at least one (1) year has passed. No member of the Council shall be subject to recall action within the first six (6) months of his term.

7-f. Referendum Election.

Upon receipt of a petition signed by one-third (1/3) of the voters who participated in the last election or upon receipt of a resolution of the Tribal Council, the Election Board shall call and conduct within forty-five (45) days an election on any enacted or proposed enactment of the Council, or any proposal initiated by the voters. Should that measure fail, it cannot be reconsidered until at least one (1) year has passed. Should it pass, the Council is bound by that decision. A measure shall be deemed to fail in the event of a tie vote. Any ordinance submitted to referendum for ratification can only be amended by like action.

7-g. Constitutional Amendment.

Amendments to the Constitution and Bylaws may be proposed by either of the following documents being submitted to the Tribal Election Board along with the desired modification. Resolutions of the Tribal Council must be filed in the same manner as petitions as defined in Section 8-b of this Ordinance.

(1) A resolution explaining the proposed change which is supported by an affirmative vote of at least six (6) of the Tribal Council Members.

(2) A petition signed by at least twenty percent (20%) of the Tribe's registered voters.

Upon the receipt of the resolution provided for in Section 7-g(1) of this Ordinance or a valid petition referred to in Section 7-g(2) of this Ordinance, the Election Board shall call and conduct a special amendment election in accordance with Article X of this Constitution and Bylaws and provisions set forth in this Tribal Election Ordinance. The specific language which will become part of the Constitution and Bylaws, if such amendment is adopted and approved, shall appear on the ballot including language changes of any other parts of the governing document that will be affected by such modification. If at such election the proposed amendment is adopted by a majority of those voting in the election and if at least thirty percent (30%) of the registered voters shall vote, that amendment shall be submitted to the Commissioner of Indian Affairs and if approved by him, shall thereupon take effect.

7-h. Election Board Members.

The Tribe's voting membership shall elect an Election Board composed of five (5) members which shall enact an ordinance as set forth in Article VI, Section 3 of the Constitution and Bylaws. The terms shall expire as follows: One in one year, two in two years, two in three years and their successors shall serve three year terms. The Election Board shall call and conduct elections to fill the vacancy of a regular member. Qualification standards and nomination procedures for Election Board members shall be the same as for Tribal Council candidates.

7-i. Alternate Election Board Members.

In an election for Election Board Members the candidates in each instance receiving the second highest vote total shall serve as alternates for the corresponding terms of Election Board members whenever the need arises to replace an Election Board member for an election. There are instances where candidates for Election Board members run for office unopposed, in such event, and when there exists no list of alternates as hereinabove provided, any member of the Tribe who meets the qualification standards for Election Board member (Sections7-a(1) and 7-h. may submit an application to the Election Board to be considered as an Alternate Election Board member. Any person submitting an application pursuant to this Section shall be subject to qualification review, as provided by Section 7-a(3). Applications shall be submitted on a form provided by the Election Board. All such applications must be submitted by January 31 of each year. All applications shall be renewed annually. In the event there are no applications for Alternate Board members, or in the event such applicants are unable or unwilling to serve as provided herein, the Board shall appoint, as needed, members of the Tribe to serve as Alternate Board members. Each such appointee shall be subject to qualification review as provided in Section 7-a(3), and may hold office pending completion of such review. Appointee qualification review shall be completed as soon as practicable after the appointee has taken his or her oath of office. Any appointee found to be not qualified shall be removed from office forthwith by the Board.

An Alternate Election Board member shall not stand for election, but shall be selected as follows:

i. Whenever, pursuant to this Ordinance, an Election Board member must be replaced by an Alternate Election Board member from applicants as herein provided , the Secretary to the Board, at a regularly scheduled meeting or special meeting of the Board, properly called, shall select by random drawing from the names of those qualified applicants, a person to serve as Alternate for such Election Board member.

Ii The random drawing of names shall continue until an Alternate is selected who would not have to decline because of a conflict as defined by Section 4-a (2) of this Ordinance.

Iii Every qualified applicant shall be noticed of, and shall be requested to attend any Election Board meeting at which an Alternate is to be selected. At such time as an applicant's name is drawn, he or she shall be questioned by the Board Secretary as to whether or not he or she has a conflict pursuant to Section 4-a(2).

iv. Each successful applicant shall be given the oath of office as provided in Section 4-a(2) of this Ordinance, and shall then assume his or her office as an Alternate Election Board member.

7-j. Elected Judicial Officers.

1) Qualification for Elected Tribal Judge.

Any person may announce his or her candidacy for elected tribal judicial office provided the following qualifications are met:

a. must be at least 25 years of age.

b. must never have been convicted a felony, been convicted within the ten years preceding his/her election, of a misdemeanor involving moral turpitude, corruption or dishonesty.

c. must agree to be subject to a background investigation conducted by the Tribal law enforcement agency.

d. must live within 100 miles of the Reservation.

e. must have successfully completed a Tribal Court orientation session as specified in Ordinance No. 95-1, governing election, appointment and removal of judges.

f. must have passed an examination as specified in Ordinance No. 95-1, governing election, appointment and removal of judges, demonstrating:

i. a minimal working knowledge of the operation and procedures of the Tribal Court and the sources of law it applies.

Ii a basic ability to communicate well in writing.

Iii a working knowledge of the Hoopa Valley Law and Order Code.

Iv a familiarity with federal Indian law.

g. Prior to assuming office, non-attorney judges who have not previously served as a judge of the Tribal Court must complete a minimum of five days additional training in courses specifically designed for training judges.

Candidates shall provide documentation verifying that they meet all eligibility criteria at the time they declare their candidacy, provided that, verification that the candidate has successfully completed the requirement of qualification (e) and (f) above, may be submitted up to one week prior to the date the Board meets to qualify candidates, if the candidate can demonstrate that orientation and/or testing opportunities will be available during that time frame which will allow the candidate to timely obtain the needed certifications.

2) Procedure for Review and Determination of Candidacy Qualification and Posting of Qualified Candidates and Mailing of Sample Ballots.

The procedure for review and determination of candidate qualifications and for posting of qualified candidates and mailing of sample ballots shall be the same as for Tribal Council candidates, as set forth in section 7-a, above.

SECTION 8. PETITIONS.

The following provisions shall apply to petitions for all purposes hereunder, including initiative, referendum, recall, nominations, or any other purpose unless expressly limited by contrary provisions in the Constitution and Bylaws.

8-a Petition Format.

Only an enrolled Hoopa Tribal member 18 years of age or over shall be eligible to initiate, collect signatures and submit a petition to the Election Board. Each page must include a declaration as to who carried the petition which will include the carriers signature, complete mailing and residential address, and the date the petition was first put into circulation. A petition must specifically state its purpose and any petition for recall, initiative, or referendum shall include a statement in not more than 500 words setting forth grounds on which the recall, initiative, or referendum is sought. Petitions may consist of as many pages as necessary to accommodate the signatures of the petitioners. However, each page must set forth the purpose of the petition.

The Election Office shall issue a form of petition for use by tribal members. All pages of the petition will numerically numbered and strictly issued only by the Election Office. All additional pages of the approved petition must be issued to the petition spokesperson. Only pages numbered and issued by the Election Office will be accepted.

Only persons who are duly registered shall be entitled to sign a petition and each signer shall, at the time of signing such petition, personally affix the date of signing and his place of residence, and such petition may not be signed within 100 feet of any election booth, polling place, or place where registration of voters is being conducted.

A petition calling for the recall of a Council or Election Board member is valid only if signed by duly registered voters equal to at least one-third (1/3) of the number of voters who were registered in the last election. If 1% of signatures are invalid the whole petition is void.

When a petition is taken out to recall an elected official, the person filing the petition is required to pay for a legal notice to be printed in the Hoopa People newspaper. The election board office will be required to send the legal notice language to the newspaper, and the wording of the notice will name the person taking out the petition, the names of the people packing the petition papers, the person the action is against and the deadline date the petition is to be turned in to the election board. The election board office is required to send a copy of the petition first page to the person the action is taken against.

A petition calling for an election on any proposal initiated by voters or any enactment or proposed enactment of the Council is valid only if signed by duly registered voters equal to at least one-third (1/3) of the number of voters who participated in the last election. If 1% of signatures are invalid the whole petition is void.

8-b. Filing of Petitions.

No petition will be approved for circulation by the Election Board unless it meets all the requirements of this ordinance. Therefore, the petitioner must submit a proposed petition to the Election Office prior to circulation so that errors as to form or legality may be identified in advance. The Election Office will promptly assist the petitioner in correcting any errors as to form. The original petition will be stamped as to the date and time of receipt by the Election Office, and returned to the petitioner.

The Election Office will forward a copy of the proposed measure to the Election Board attorney solely for the purpose of determining whether or not it would be valid under the Tribal Constitution if adopted. Such an opinion with supporting reasons shall be issued within ten (10) calendar days of receipt of the measure by the Election Board attorney and shall be supplied to the petitioner by the Election Office. The petitioner may at their option, accept or reject, the opinion the Election Board.

The petitioner has five (5) working days to amend his/her petition and return it to the Election Office for certification. At the time of certification the Election Office will immediately notify the petitioner in writing of a date, time and place of the meeting to represent the circulated petition to the Election Board. The meeting will be held on the 30th working day immediately following the date the petition was approved for circulation. Petitions submitted after the 30th working day shall not be accepted. In order to conduct the necessary examination of the petitions submitted, only Tribal Election Board members, the petitioner and no more than two (2) official spokesman for the petition will be allowed to attend this meeting.

8 -c. Action on Petitions.

When the meeting has been called to order, the spokesman for the petitioners shall officially present the original of the petition to the Election Board.

The Chairman shall immediately designate thereon the date of receipt and shall inform the spokesman submitting the petition that no additional signatures may be added to the petition. Upon receipt of the petition in the above manner, the Election Board shall immediately review the petition. In the event an individual's signature appears on a petition more than once, all but one of his/her signatures shall be stricken. The Election Board shall then determine whether the required number of signatures have been affixed to any petition and whether those signing are registered voters. If 1% of signatures are invalid the whole petition is void.

When the review of the petition is complete, the Secretary of the Election Board shall acknowledge in writing, to the person submitting the petition, receipt of the petition, indicating the exact number of signatures which are attached. Should the petition prove to be valid, it shall then be the duty of the Election Board at this meeting to call for an election in accordance with the Constitution and Bylaws and this Ordinance.

Should the petition being filed, be for the recall of an Election Board member, or for the recall of a member of his immediate family, that member shall automatically be replaced by an alternate in the above mentioned meeting.

SECTION 9. VOTER QUALIFICATION.

9-a. Qualified Voter.

Any member of the Tribe who will be at least eighteen (18) years of age on election day shall be entitled to vote, provided he is duly registered.

9-b. Absentee Voter.

Any qualified voter who meets one of the following criteria:

(1) Physically resides outside the boundaries of the Hoopa Valley Reservation.

(2) Expects to be absent from the Hoopa Valley Reservation on election day.

(3) Is physically incapacitated so as to be unable to go to the polls on election day.

SECTION 10. BALLOTS.

10-a. Form of Ballots.

The ballot shall be numbered and printed with a stub perforated so that the ballot can be easily detached therefrom. Upon the stub shall be printed these words '" If for any reason the ballot is spoiled or not executed, the clerk shall write 'spoiled' in the space provided."

10-b. Number of Ballots.

Ballots shall be supplied by the Election Board in sufficient quantity to assure that each voter whose name appears in the "Register of Voters" may receive a ballot.

10-c. Delivery and Receipt of Ballots.

The secretary of the Election Board shall cause to be delivered to the polling place printed blank ballots and other election material including the ballot box with a lock and key and fitted with one opening, and not more, of sufficient size to admit a single folded ballot. The Election Board members shall count all ballots delivered and shall be responsible for an accounting of all ballots and other election materials until turned over to the Chairman of the Election Board as provided in Section 16 of this Ordinance.

SECTION 11. ABSENTEE VOTING.

Absentee ballots shall be issued upon request for all elections as provided for in Section 11-a of this Ordinance.

11-a. Basis for Providing Absentee Ballots.

(1) Temporary Absence. Whenever a qualified resident voter expects to be absent from the Hoopa Valley Reservation for any reason, including illness, on the date of the election he may request an absentee ballot for the pending election in the manner provided in Section 11-d. of this Ordinance.

(2) Nonresident Status. Registered voters who physically reside outside the boundaries of the Hoopa Valley Reservation are to be considered non-residents for the purpose of participating in Tribal elections. As such, they shall be entitled to vote by absentee ballot in all elections unless they change their residence to within the boundaries of the Hoopa Valley Reservation. The Election Board shall determine whether a person is entitled to nonresident status.

(3) Physically Incapacitated. Registered voters who are unable to go to the polls by reason of being bedridden or disabled may request an absentee ballot for the pending election in the manner provided in Section 11-d. Of this Ordinance.

11-b. Notification.

As long as the nonresident absentee voter is registered, he shall be notified by mail of elections, the issue and/or candidates to be voted on, and shall be advised of the proper manner of requesting an absentee ballot. Notification shall be in the form of the sample ballot.

11-c. Proper Address.

It shall be the duty of the nonresident voter to provide a current mailing address to the Election Board. All correspondence regarding Tribal elections will be mailed to the last address supplied by the voter.

11-d. Manner of Requesting and Issuing Absentee Ballots.

Only nonresident status voters may request absentee ballots by mail. Each application for an nonresident absentee ballot shall be made individually, in writing, by the voter who is to cast the ballot. Upon receipt of a valid request, the Election Board secretary shall forward to the voter all necessary forms, ballots, and instructions to be used in the pending election. Any mailed absentee ballots received in the Election Board post office box after 5:00 p.m. on election day shall not be counted.

Resident absentee voters will not be allowed to receive or return their ballots by mail. A resident voter who is unable to travel to the polls by reason of absence from the Hoopa Valley Reservation on election day may request and cast an absentee ballot as follows; 1. the voter shall appear in person at the election office during regular business hours 2. the voter shall complete and sign a written request for an absentee ballot on a form provided by the election office 3. an absentee ballot will then be provided to the voter who shall proceed to cast the ballot at that time . The ballot shall be deposited in the locked ballot box provided for absentee ballots in the Election Office.

A resident voter who is unable to travel to the polls by reason of his being bedridden or disabled may request by mail, under his signature, to the Election Board, that he be provided with an absentee ballot. An absentee ballot shall be delivered to him by two Election Officials, provided he will be within the boundaries of the reservation. The voter shall proceed to cast the ballot at that time. When marked by the voter, sealed in the inner envelope provided, inserted in the outer envelope, sealed, and voter's signature affixed thereto, such election official shall immediately return the ballot to the polling place and deposit it in the locked ballot box provided for absentee ballots.

Only one ballot, or set of ballots, shall be issued to each voter for the election in process. Each such ballot stub shall be stamped with the words. "absentee ballot" and bear the date of issuance. Should more than one ballot be issued due to an error of the Election Board, the voter shall immediately be notified that he should execute and return only one of the ballots and that if he should execute and return both ballots, the second ballot received shall be automatically disqualified without being opened. A qualified voter shall be allowed to cast only one ballot for each Tribal election. In conjunction with issuing an absentee ballot, the signature space of the official Register of Voters shall be marked indicating the voter has been issued an absentee ballot and the date of issue. The secretary shall maintain a file of all applications received with the date of receipt stamped thereon. Further, the file shall show the names and addresses of all persons to whom absentee ballots are mailed, including date of mailing.

11-e. Execution and Return of Absentee Ballots by Mail.

The absentee voter shall mark and fold the ballot and enclose it in the inner envelope supplied by the Election Board. The ballot shall be folded so as to conceal the marking and be placed in the inner envelope marked "Absentee Ballot" and the envelope sealed. It shall then be inserted in the preaddressed outer envelope, on which the voter must sign his name, sealed and mailed.

ANY ABSENTEE BALLOT NOT PROPERLY SUBMITTED IN ACCORDANCE WITH THESE INSTRUCTIONS FOR ABSENTEE BALLOTING SHALL NOT BE COUNTED.

Absentee ballots returned by mail shall remain in the locked post office box until 5:00 p.m. on election day. Two members of the Election Board will remove the envelopes from the post office box and immediately return them to the polling place and deposit them in the locked ballot box provided for absentee ballots.

SECTION 12. ELECTION SEQUENCE OF EVENTS.

Attached to and made a part of the Ordinance shall be charts indicting the sequence of events for various types of elections. These charts shall be labeled as follows:

EXHIBIT "B"	EXHIBIT "D"
EXHIBIT "C"	EXHIBIT "E"
	EXHIBIT "F"

The attached charts will contain specific days on which the necessary events preparatory to the elections shall occur and shall be followed by the Election Board in conducting Tribal elections.

SECTION 13. VOTING HOURS ON ELECTION DAY

All elections shall be held between the hours of 9:00 a.m. and 7:30 p.m. Any persons waiting in line to vote at closing time will be permitted to vote, but those presenting themselves after the hour of closing of the polls will not be permitted to vote.

13-a. Electioneering and Loitering

No person shall be allowed to electioneer within 100 feet of the building where the election is in progress. Neither will any loitering be permitted in the polling place during voting hours. It shall be the duty of the election officials at the polling place to obtain such assistance as may be required to maintain order about the building during the progress of the election.

SECTION 14. POLL OFFICIALS.

It shall be the duty of the Chairman or Vice-Chairman of the Election Board to see that the balloting and the canvassing of the election returns are carried out in the manner prescribed in Sections 13, 14, 15, and 16 of this Ordinance.

14-a. Alternates for Polling Officials.

Should any election official of the polling place become ill or have an unforeseen emergency arise, the Chairman of the Election Board shall be notified immediately so that an alternate may be prepared to assume the responsibilities of the vacated position. Alternates shall also be utilized in accordance with Section 4-a(2) of this Ordinance.

14-b. Duties of Poll Officials and Voters.

The Chairman shall be responsible for all arrangements necessary to conduct an election. He shall direct the secretary in securing ballots and other election materials necessary to conduct balloting. Only those lists required to conduct the election as provided by this Ordinance will be kept or maintained while the election is in process. No separate handwritten list which will jeopardize the sanctity of the ballot shall be kept by any member of the Election Board. He shall also provide sufficient private booths for the voters to mark their ballots in secrecy. At least three (3) members of the Election Board shall be present at all times at the designated polling place on election day to permit voting to begin when the polls open and they shall remain until the polls close, all ballots have been counted, the tally properly recorded and reported, and the ballot boxes and the ballots turned over for delivery as provided in this Ordinance.

Before the balloting begins, the Election Board shall open and inspect the ballot box to determine that it is empty. The ballot box shall then be locked and shall remain locked until time to count the ballots. The absentee ballot box shall be locked by the Election Board on the date the first absentee ballots are issued or mailed. Keys to the ballot boxes shall be placed in sealed, signed, and dated envelopes at the time the boxes are locked by the Chairman or Vice-Chairman. A duplicate set of election lock file cabinet and ballot box keys shall be placed in a bank safe deposit box.

After opening of the polling place, each voter upon presenting himself to vote, shall announce to the polling officials his name and address and must then sign his name in the designated blank space adjacent to this name with an indelible pencil in the official listing of registered voters prepared especially for the subject election. Any voter who signs with an "X" or a thumb print shall have his mark witnessed by two election officials.

Also to be determined by checking his listing is whether the voter has received an absentee ballot for the pending election. If the voter has been issued an absentee ballot, absentee voters may request a challenge ballot in accordance with Section 15-c., Of this Ordinance.

Upon determining that all of the above conditions have been met, the polling officials shall issue a ballot to the voter. Ballots must be shuffled prior to distribution and shall not be distributed in numerical order.

Upon receipt of a ballot, the voter shall retire to one of the private voting booths and herein mark his ballot in secrecy. Only one person shall occupy a voting booth at one time. The voter shall mark his ballot using the instrument provided by the election officials. The mark, to be valid, must be identifiable with the appropriate square or place on the ballot for which it is intended. After the ballot is so marked, the voter in the presence of the polling official shall detach and retain any identifying number on the ballot, fold the ballot so that the printed sides are completely concealed and deposit the folded ballot in the ballot box.

In the event a voter appears at the polls to vote, and finds that his name does not appear on the official listing of registered voters, the polling officials shall determine by contact with the Election Board secretary, whether that person is, in fact, duly registered. Should he be found qualified to vote he shall be permitted to cast a ballot. Should it be determined that he is not qualified to vote in that election, such decision shall be final. When any voter presents himself for a ballot and states he, because of physical disability or infirmity, is unable to mark his ballot, one of the election officials shall cause such voter to be sworn after the following:

"Do you solemnly swear (or affirm) that you are unable to mark your ballot for voting because of a physical disability or infirmity?"

Should the voter so qualify himself, it shall be the duty of the poll officials, or individual chosen by the voter, to give the voter such assistance as he needs, but in all such instances the voter must state without suggestions from such officials the way he wishes to vote, and in no instance shall an election official by word, action, or expression attempt to influence the voter as to how he should vote. Such assistance shall be given in privacy and all persons other than the election officials, or person of voters choice, shall be kept sufficiently distant so that they will not hear or know how such infirm voter voted. Any voter who shall have need of an interpreter shall furnish his own interpreter.

SECTION 15. HANDLING OF SPECIAL CIRCUMSTANCES.

15-a. Spoiled Ballot.

Should any elector spoil his ballot in his effort to vote, he shall fold and return it in the presence of the election officials and such elector shall then in the presence of said officials, destroy said ballot and the election officials shall then provide such elector with another ballot in the same manner that the first one was provided. The election official shall write on the proper blank line on the stub of the spoiled ballot the word 'spoiled' . He shall not write the name of the elector upon the stub of the duplicate ballot, but shall write instead the words, 'Duplicate of Ballot #_____', giving the number of the original or spoiled ballots.

15-b. Write-in Votes.

Write-in votes are not allowed and will not be counted.

15-c. Challenged Ballots.

In the event a voter appears at the polls to vote, and finds that they have already been issued an Absentee Ballot for the pending election, upon request by the voter, the Polling Official shall issue a Challenged Ballot to the individual. Absentee voters not appearing at the polls may obtain a Challenged Ballot by written request to the Election Office.

SECTION 16. CANVAS OF ELECTION RESULTS.

The Election Board will count and record the votes as soon as the polls close in accordance with this section. When canvas of election results has been completed, all marked and unmarked ballots will be turned over to the Chairman of the Election Board who, with the assistance of the other members of the Election Board, will have the marked ballots sealed and locked in a lock file cabinet provided, for a period of two (2) years, before being destroyed, where they shall be available for inspection by the Election Board. Unmarked ballots will be destroyed at this time.

16-a. Poll Watchers.

Each candidate for a position on the Tribal Council is entitled to choose one person to observe on his behalf, the counting of ballots at the polling place. In elections to vote on issues, the Election Board may designate two (2) watchers to observe the counting of the ballots; one to represent each side of the question under consideration. No watcher shall in any way interfere with or hinder the election officials in exercising their responsibility. If interference occurs, the Election Board Chairman shall call for a suspension in the count until the individual or individuals responsible for the interference are eliminated from the room. Duplicate count by poll watchers will not be allowed. Poll watchers shall not be seated at the Election Board table when the count is taking place. They must remain a distance of at least ten feet (10') from this table.

16-b. Counting the Ballots.

After the polls have closed, the Chairman, in the presence of the Election Board and any poll watchers, shall unlock the locked ballot box containing the executed ballots. The list of those signing in to vote during the election day will be counted, and the number of those signing in to vote must conform with the number of executed ballots. The election officials shall then count the ballots cast in the following manner. As the ballots are opened, a Board member selected by the drawing of straws (that member drawing the longest straw), shall verbally announce the choice or choices indicated on the ballot. The Election Board members shall record such information on tally sheets provided for such purpose. Upon completion of the tally, the Board shall note on their tally sheets the number of votes cast by those voting in person.

16-c. Counting Challenged Ballots.

A challenged ballot shall be counted only if it is determined by the Election Board that the ballot should be declared valid. This determination shall be made during the "Preparation for Counting Absentee Ballots" procedure. If declared valid the ballot will be prepared for counting in the same manner as absentee ballots and will be counted at the same time as absentee ballots. If a voter returns his absentee ballot, and his challenge ballot, the challenge ballot will not be counted. The challenge ballot will remain unopened and kept on file for two years in accordance with Section 19., Of this Ordinance.

16-d. Preparation for Counting Absentee Ballots.

After the count has been completed of those ballots executed in person, the Chairman, in the presence of the other Election Board members and any poll watchers, shall unlock the absentee ballot box. The list of those who have voted by absentee ballot shall be compared to the envelopes in the ballot boxes to confirm that the ballots have been returned in accordance with absentee voter regulations. Should any envelope reviewed not conform with the regulations set forth in this Ordinance, it will remain unopened and shall be marked 'spoiled'. Each member of the Election Board shall initial the envelope in which the ballot is improperly returned. Those envelopes marked 'spoiled' shall be sealed and reserved along with other executed ballots at the end of the count.

Upon completion of the review of the envelopes, the outer envelopes shall be opened and the inner envelopes containing the ballots removed. The outer envelopes from those ballots determined to have been properly returned, shall at this point be set aside until after the count at which time they will be placed in the election file cabinet with other materials from the election.

16-e. Improperly Marked Ballots.

Should a portion of a ballot be improperly marked, it shall not exclude from the tally, the part which is correctly executed. Any ballot on which the intent of the voter cannot be determined, shall be preserved and filed with ballots submitted to the Election Board Chairman for safekeeping with the notation placed on the face of the ballot indicating it was not counted.

16-f. Primary Election.

In the event that, at the completion of the canvas of Primary Election results as prescribed in this section, the tally reveals that any candidate has received the same number of votes received by another candidate in that contest, the Election Board will conduct a recount of the ballots cast in the contest. Should a tie exist at the completion of the recount, and no candidate has received a majority of votes cast in that contest, candidates receiving the same number of votes shall be candidates at the ensuing General Election whether or not there are more candidates at the General Election than prescribed by this Ordinance. In no case shall the candidates determine the tie by lot.

16-g. General Election.

In the event that, at the completion of the canvas of the General Election results as prescribed in Section 16, the tally reveals that any candidate has received the same number of votes received by another candidate in that contest, the Election Board will conduct a recount of the ballots cast in that contest. Should a tie exist at the completion of the recount the Election Board will conduct a special"run-off" election limited to the tied candidates. Such run-off election shall be immediately noticed to be held not more than forty-five (45) days from the date of the General Election. Should three (3) names appear on the General Election ballot because of a tie in the Primary Election, the winner shall be determined by a plurality vote rather than requiring a majority.

16-h. Tie Votes Involving Issues, Referendum, Recall or Constitutional Amendments.

In the event that, at the completion of the canvas of results of any election involving issues, referendum, recall or constitutional amendments as prescribed in this Section 16, the affirmative and negative votes are tied, the Election Board will conduct a recount of the ballots cast. Should a tie vote exist at the completion of the recount the Election Board shall conduct a special election limited to the tied issue, referendum, recall or constitutional amendment contest. Such special election shall be immediately noticed to be held not more than forty-five (45) days from the date of the election in which the tie vote occurred. Except if such tie vote occurs at a primary election the special election shall be held in conjunction with the ensuing general election.

16-i. Announcement of Results.

An uncertified statement shall be issued and posted to announce the election results within three (3) days following completion of the canvas of the election. However, such results shall be posted no later than 5:00 p.m., three (3) days immediately following the election.

SECTION 17. CONTEST OF ELECTION RESULTS.

17-a. Primary, General and All Other Elections - Grounds for Contest.

(1) Any registered voter of the Hoopa Valley Tribe may contest any Election result for any of the following causes:

(i) Any member of the Election Board was guilty of malconduct in the performance of his or her duties on the Board.

(Ii) That any candidate has given to any elector or member of the Election Board any bribe or reward for the purpose of procuring his election.

(Iii) That illegal votes were cast.

(Iv) That the Election Board in conducting the election or in canvassing the returns, made errors sufficient to change the results of the election as to any person who has been declared elected.

(v) That there was an error in the vote counting or summation of ballot counts sufficient to change the results of an election.

(vi) That a candidate knowingly submitted false information to the Board at the time of his or her qualification.

(2) Any candidate may contest the election results for the office he was a candidate on any of the following causes:

(i) Any member of the Election Board was guilty of malconduct in the performance of his or her duties on the Board.

(Ii) That any candidate has given to any elector or member of the Election Board any bribe or reward for the purpose of procuring his election.

(Iii) That illegal votes were cast.

(Iv) That the Election Board in conducting the election or in canvassing the returns, made errors sufficient to change the results of the election as to any person who has been declared elected.

(v) That there was an error in the vote counting or summation of ballot counts sufficient to change the results of an election.

(Vi) That a candidate knowingly submitted false information to the Board at the time of his or her qualification.

When any election is contested on account of malconduct of the Election Board, or any member thereof, the election shall not be annulled or set aside upon any proof thereof, unless the malconduct was such that changes the result of the election.

An election shall not be set aside on account of illegal votes unless it appears that a number of illegal votes has been given to the person whose right to the office is contested, or who has been certified as having tied for first place, which, if taken from him, would reduce the number of his legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes which may be shown to have been given to that other person.

Any qualified voter contesting an election under this section shall file a written statement with the Election Board stating (1) his or her name and address; (2) the name of the candidate and office, or the measure; and (3) the particular grounds of contest. Such written statement must be delivered to the Election Board office no later than 5:00 p.m. on the third day following the election.

Upon receipt of a contestant's written statement the Election Board shall review the allegation, and such review may include a hearing where the contestant and any candidate may present evidence, after which the Board shall respond in writing prior to posting the official certification of election results. The decision of the Election Board shall be final.

17-b. Recount Contest.

Any contest involving a recount of votes cast shall be accompanied by a non-refundable fee in the amount of $150.00. Upon receipt of the contest and the recount fee, the Election Board shall proceed to conduct a recount of the votes for the particular office or for the particular measure. Section 16 of this Ordinance is applicable to recounts pursuant to this section. All recounts shall be completed prior to posting the official certification of election results. The decision of the Election Board shall be final.

17-c. Official Certification of Election Results.

i. The Election Board shall post an official certification of the election results for any primary election on the fourteenth day immediately following the primary election.

Ii The Election Board shall post an official certification of the election results on the seventh day immediately following the general election. Copies of the certification will be mailed to the Hoopa Valley Tribal Council, Bureau of Indian Affairs and each person who was a candidate in the election.

SECTION 18. INSTALLATION OF SUCCESSFUL CANDIDATES.

18-a. Notification and Installation.

Successful candidates shall immediately be notified by mail and telephone, if possible, that they will be installed in office within ten (10) days after the General Election following certification of General Election results. Installation of any candidate for a particular position may be postponed, however, until such time as there is a determination of any dispute over the election for that position. Installation of a non-attorney judge who has not previously served as a judge of the Tribal Court shall be postponed until the candidate provides written evidence of completion of a minimum of five days additional training in courses specifically designed for training judges.

18-b. Oath of Office - Tribal Council.

Each successful candidate elected to the Tribal Council shall take an oath of office prior to assuming the duties of such position, by which oath he shall pledge himself to support and defend the Tribe's Constitution and Bylaws. The following form of oath of office shall be administered by the Chairman of the Election Board:

"I, __________, do solemnly swear (or affirm) that I will carry out faithfully and impartially the duties of my office to the best of my ability, that I will promote and protect the best interests of my Tribe, in accordance with its Constitution and Bylaws."

18-c. Oath of Office - Election Board.

Each successful candidate elected to the Election Board shall take an oath of office prior to assuming the duties of such position, by which oath he shall pledge himself to support and defend the Tribe's Constitution and Bylaws. The following form of oath of office shall be administered by the Chairman of the Tribal Council:

"I, ____________, do solemnly swear (or affirm) that I will carry out faithfully and impartially the duties of my office to the best of my ability, that I will promote and protect the best interest of my tribe, in accordance with its Constitution and Bylaws."

SECTION 19. ELECTION RECORDS.

The secretary of the Election Board shall be responsible for seeing that files on each election are maintained on a permanent basis and include the following material from each election:

1. Election notices posted and placed in newspapers.

2. Nomination paper and Disclosure Statement.

3. Sample ballot.

4. Unofficial certification of election results and official certification of election results.

5. Voter registration list.

6. Outer envelopes used in absentee voting.

7. Executed ballots.

All of the articles mentioned in Section 19 with the exception of #6 and #7 must remain in the files permanently. At no time will an original document be permanently removed from the files. Any Hoopa Tribal Member may request and receive copies of items 1, 2, 3, 4, and 5. At the end of two (2) years from the date of certification of an election, executed ballots and outer envelopes from that election shall be destroyed by the Chairman in the presence of the other members of the Election Board.

Disclosure Statements completed by candidates for elected office, as well as documents relating to the criminal history investigation of candidates are treated as confidential records and are not available to the public except with the consent of the candidate or pursuant to court order.

SECTION 20. ELECTION BOARD BUDGET.

The Election Board shall request that a specified amount be budgeted by the Hoopa Valley Tribal Council in each fiscal year Tribal budget under a separate line item. The funds budgeted shall be utilized in accordance with all Tribal financial plans of operation for conducting Tribal elections in accordance with this Ordinance only.

SECTION 21. AMENDMENTS.

The Election Board may amend this Ordinance by a majority vote of a quorum at any duly noticed meeting of that body, provided, that amendments may not be made at any time during an election in progress.

SECTION 22. RATIFICATION OF ELECTION ORDINANCE.

The Election Ordinance shall become effective upon approval by a majority of the Tribal Election Board members in a duly called and noticed Election Board meeting. Upon approval of this Ordinance, and all previous Hoopa Tribal Election regulations enacted prior to this Ordinance shall be expressly revoked.

SECTION 23. CONSTITUTIONAL CONFLICT.

Any portion of this Ordinance in conflict with the Tribal Constitution and Bylaws shall be superseded by the Tribal Constitution and Bylaws.

CERTIFICATION OF AMENDMENTS AND ENACTMENT OF AMENDED ELECTION ORDINANCE

We hereby certify that the foregoing Election Ordinance was duly amended and enacted by the Election Board of the Hoopa Valley Tribe of California at a meeting held at Hoopa, California on this 22nd. day of July, 2003 with 4 members present and the vote being 3 for and 0 against said amendments and enactment. The Chairperson not voting.

ATTESTS:

________________________________ Joseph Orozco, Chairman	_________________________________ Dorothy Lincoln, Vice-Chairman
________________________________ Penny Cordova, Secretary	_________________________________ Jolene Hostler, Board Member
________________________________ Vacant, Board Member