Ponca Tribe of Nebraska Tribal Code
CHAPTER 6 TRIBAL COUNCIL ELECTIONS
Section 9-6-1. GENERAL ELECTION DATE
Section 9-6-2. QUALIFICATION FOR OFFICE
Section 9-6-3. NOMINATING PROCEDURES
Section 9-6-4. DEADLINE FOR SUBMISSION OF NOMINATING PETITION/NOTICE
Section 9-6-5. CERTIFICATION PROCEDURE FOR REVIEW AND DETERMINATION OF CANDIDACY QUALIFICATION
Section 9-6-6. APPEAL OF NON-CERTIFICATION FOR OFFICE
Section 9-6-7. POSTING OF CANDIDATES
Section 9-6-8. RUNOFF ELECTION TO BREAK TIES
Section 9-6-9. INSTALLATION OF CANDIDATES
Section 9-6-10. RESIDENCY REQUIREMENTS
Section 9-6-10.1. Redistricting
Section 9-6-11. TERM LIMITS
There shall be a general election held on the first Tuesday in the month of November of even numbered years.
Ponca Tribe of Nebraska Code § 9-6-1, PTN Code § 9-6-1
(A) As provided in the Constitution, Article VII, Section 3, to be eligible as a candidate for office of the Ponca Tribal Council, a person must be an enrolled member of the Ponca Tribe and be at least twenty-five (25) years of age. No person shall be eligible as a candidate for office if that person has been convicted of a felony in any federal, tribal or state court unless that person shall have been pardoned and had all of his or her civil rights restored prior to the election by the individual qualified to pardon that person and restore his or her civil rights for that felony conviction. Any person that has been convicted in any court of any jurisdiction of a crime involving the theft of Ponca Tribal funds or property shall not be eligible as a candidate for office irrespective of any pardon or restoration of civil rights for said offense involving Ponca Tribal funds or property.
(B) All candidates shall sign a release of information form to allow the Election Board to perform felony criminal background checks. The Election Board shall perform said criminal background checks prior to certifying a candidate as eligible to run for Ponca Tribal Office. The information obtained from the criminal background check shall be kept strictly confidential to the Election Board and shall be kept for two (2) years. A hard copy of each background or criminal history shall be kept on file by the Election Board.
Ponca Tribe of Nebraska Code § 9-6-2, PTN Code § 9-6-2
(A) To be nominated for office and appear on an election ballot as a candidate for office, an individual must:
1) Notify the Election Board in writing of his/her intent to run for office identifying the position and district from which he/she intends to run and requesting a nominating petition.
2) Pay a fifty dollar ($50.00) filing fee, said fee is non-refundable, payment remitted in the form of a money order payable to the Ponca Tribe of Nebraska.
3) Submit the nominating petition to the Election Board prior to the deadline set for submitting petitions.
(B) Candidates for chairperson must file a petition signed by at least fifty (50) enrolled Tribal members who are either eligible to vote or eligible to register to vote. Candidates for district council members must file a petition signed by a least twenty-five (25) enrolled Tribal members who are either eligible to vote or eligible to register to vote for the candidate from that district. The signing of one nominating petition does not prohibit the signing of a subsequent nominating petition for another individual who is seeking office from that district.
Ponca Tribe of Nebraska Code § 9-6-3, PTN Code § 9-6-3
Beginning May 1st of each General Election year, the Election Board will begin receiving nominations for any position of the Tribal Council. Nominating petitions must be received by the Election Board by June 30. Failure to meet this deadline shall result in ineligibility for office. The Election Board shall provide notice by March 1st of each General Election year to all tribal members the deadline for submitting nominating petitions. Candidates may be notified by any of the following: First Class Mail, Tribal Newsletter, Tribal Web-Site, or email.
Ponca Tribe of Nebraska Code § 9-6-4, PTN Code § 9-6-4
The Election Board shall review the background of every candidate submitting a nomination petition to ensure that the candidate meets the qualifications set out in Section 9-6-2 of this Chapter. If the Election Board determines that the candidate meets the qualifications for office, the Election Board shall certify the candidate as a candidate for office. If the Election Board finds that the person does not meet the qualifications, the Election Board shall not certify the candidate and so notify the candidate in writing by certified mail of the reasons therefore and of the right to appeal such decision.
Ponca Tribe of Nebraska Code § 9-6-5, PTN Code § 9-6-5
Upon notice that a candidate is not qualified for office, such candidate may appeal such decision with documented proof to the Election Board. Appeals must be made within five (5) working days of receipt of such notice. The Election Board shall immediately review the appeal and make its decision based on the evidence provided. The decision of the Election Board shall be their final order.
Ponca Tribe of Nebraska Code § 9-6-6, PTN Code § 9-6-6
The Election Board shall ensure that the candidate(s) for each office are properly posted at each Tribal Office in Niobrara, Omaha, Lincoln, and Norfolk in Nebraska, Sioux City and Carter Lake in Iowa. Eligible voters will be notified prior to the election date and distribution of ballots of who the candidates for office are by the Tribal Newsletter and/or the World Wide Web.
Ponca Tribe of Nebraska Code § 9-6-7, PTN Code § 9-6-7
(A) If a tie shall occur among three (3) or more candidates for the top vote getter for any position, the tie shall be broken by runoff election held within thirty (30) days following the election. Only the voters registered for the election shall be allowed to vote in the runoff election. The individual winning the runoff election shall succeed to the position. Should another tie occur, then this tie will be broken by a flip of the coin.
(B) If a tie shall occur between two (2) people for the top vote getter for any position, the tie shall be broken by a flip of the coin.
Ponca Tribe of Nebraska Code § 9-6-8, PTN Code § 9-6-8
Successful candidates for office shall be sworn in and installed in office on the third Saturday in January at the Niobrara Headquarters which shall be administered by the Chairperson of the Election Board.
Ponca Tribe of Nebraska Code § 9-6-9, PTN Code § 9-6-9
(A) In accordance with Article IV, Sections 7 and 8 of the Constitution, any person elected to the Tribal Council must meet the residency requirements of this Section. The elected Chairperson shall be required to reside within one hundred (100) miles of the headquarters of the Tribe or within any service area of the Tribe established by an act of the United States Congress. Any person elected as Chairperson who resides outside the 100-mile distance of the headquarters or who does not reside within a service area shall have ninety (90) days from the date of election to establish a residence as required herein.
(B) All Ponca Tribal Council members elected to the Tribal Council must, within ninety (90) days of the election, have or establish residency in their district as follows:
District 1: Within a 100 mile distance from the borders of Boyd, Knox, or Holt Counties in Nebraska, Woodbury County in Iowa, or Charles Mix County in South Dakota.
District 2: Within a 100 miles distance from the borders of Douglas, Sarpy, or Burt Counties in Nebraska, or Pottawattamie County in Iowa.
District 3: Within a 100 mile distance from the borders of Lancaster County, Nebraska or Hall County, Nebraska.
District 4: Within a 100 mile distance from the borders of Madison, Platte, Stanton or Wayne Counties in Nebraska.
(C) Failure to meet the residence requirements as set forth in this Section shall constitute forfeiture of offices and that person in said election who had the next highest vote total shall succeed to the offices after compliance with the requirement of residency.
Ponca Tribe of Nebraska Code § 9-6-10, PTN Code § 9-6-10
(A) The Election Board, with the assistance of the Enrollment Department, shall be responsible for redistricting, if the need arises, with the final approval of the Ponca Tribal Council. Redistricting shall be done only in the event that the districts become substantially uneven in the number of eligible voters.
(B) The Enrollment Department shall notify the Election Board whenever it determines that unevenness exists between any voting district. The Election Board Shall redistrict the voting district(s) within one hundred eighty (180) days of the Enrollment Department's notification of unevenness if said district(s), provided, however, that no redistricting shall be undertaken once an election process has begun.
(C) Ponca Tribal members shall be given notice of the Election Board's intent to redistrict and allowed input into the same.
Ponca Tribe of Nebraska Code § 9-6-10.1, PTN Code § 9-6-10.1
No member of the Ponca Tribe may serve on the Ponca Tribal Council for more than two (2) consecutive terms.
Ponca Tribe of Nebraska Code § 9-6-11, PTN Code § 9-6-11