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Yurok Const. Art. III. Election of Yurok Tribal Council

Yurok Tribal Const. Art. III, § 1

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article III--Election of Yurok Tribal Council

SECTION 1. Election

The Yurok Tribal Council shall consist of: nine (9) members: a Tribal Chairperson, a Vice-Chairperson and seven (7) Council Members. The Chairperson and the Vice-Chairperson shall be elected at-large by the eligible voters of the Tribe. The other seven (7) Council Members shall be elected by Districts, with the eligible voters in each of the seven (7) Districts electing one Council member to represent the District.

Yurok Tribal Constitution Art. III, § 1, Yurok Const. Art. III, § 1

Current through October 1, 2010

 

Yurok Const. Art. III, § 2

SECTION 2. Council Districts

Yurok Tribal Const. Art. III, § 2

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article III--Election of Yurok Tribal Council

SECTION 2. Council Districts

There shall be seven (7) Districts, described as follows:

WEITCHPEC DISTRICT--This includes all Ancestral Lands located upriver of Coon Creek on the Klamath River. Included within the District are the ancestral villages of Otsepor, Lo'olego, Weitspus, Pekwututl, Ertlerger, Wahsekw, Kenek, Tsetskwi, and Kenekpul.

PECWAN DISTRICT--This includes all Ancestral Lands downriver, including Coon Creek, on the Klamath River from the Weitchpec District to and including Blue Creek on the north side of the river and Ah Pah Creek and its drainage area on the south side of the river. included within the District are the ancestral villages of Merip, Wa'asel, Kepel, Murekw, Himetl, Kohtskuls, Keihkes, Meta, Sregon, Yohter, Pekwan, Kolotep, Wohtek, Wohkero, Serper, Ayotl, Nagetl, and Erner.

REQUA DISTRICT--This includes all ancestral Lands located downriver on the Klamath River from the Pecwan District and north of the center line of the Klamath River. Included within the District are the ancestral villages Tlemekwetl, Stawen, Sa'aitl, Ho'pau, Omenok, Amenok, Tmeri, Rekwoi, and Omen.

ORICK DISTRICT--This includes all Ancestral Lands located downriver on the Klamath River from the Pecwan District and south of the center line of the Klamath River. Included within the District are the ancestral villages of Turip, Wohkel, Otwego, Wetlkwau, Osegen, Espau, Sikwets, Orek, Tsahpekw, Hergwer, Tsotskwi, Pa'ar, Oslokw, Keihkem, Ma'ats, Opyuweg, Tsurau, Sumeg and Metskwo.

NORTH DISTRICT--This includes all land north of the Ancestral Lands, east of the Pacific Ocean, west of a north-south line passing through Chimney Rock and within 60 miles of the Ancestral Lands.

EAST DISTRICT--This includes all land east of the Ancestral Lands, east of a north-south line passing through Chimney Rock, east of the generally north-south mountain ridge passing through Schoolhouse Peak, and within 60 miles of the Ancestral Lands.

SOUTH DISTRICT--This includes all land south of the Ancestral Lands, east of the Pacific Ocean, west of the generally north-south mountain ridge passing through Schoolhouse Peak, and within 60 miles of the Ancestral Lands.

Yurok Tribal Constitution Art. III, § 2, Yurok Const. Art. III, § 2

Current through October 1, 2010

 

Yurok Const. Art. III, § 3

SECTION 3. Terms of Office

Yurok Tribal Const. Art. III, § 3

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article III--Election of Yurok Tribal Council

SECTION 3. Terms of Office

A) The terms of office for the Chairperson, vice Chairperson, and the Council Members shall be three (3) years, except that in the first election, the terms of office for Council Members shall be staggered and determined as follows:

1) The candidate receiving the highest percentage of votes in his/her District shall be elected for a three (3) year term;

2) The candidates receiving the second, third and fourth highest percentages of the votes in their respective districts shall be elected for two (2) year terms;

3) The remaining three (3) candidates shall be elected for one (1) year terms;

4) In the event of a tie among or between the candidates who, by reason of the percentage of votes received in the candidates; respective districts, would be entitled to serve an Initial term of more than one (1) year; any such tie shall be broken by the tied candidates drawing of lots to determine which candidates shall be entitled to serve an inititial term of more than one year.

B) Each Tribal Officer and Council Member shall be inaugurated as the first order of business at the first regular Council meeting following his/her election and his/her term shall commence upon inauguration.

Yurok Tribal Constitution Art. III, § 3, Yurok Const. Art. III, § 3

Current through October 1, 2010

 

Yurok Const. Art. III, § 4

SECTION 4. Voter Registration

Yurok Tribal Const. Art. III, § 4

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article III--Election of Yurok Tribal Council

SECTION 4. Voter Registration

Each member of the Yurok Tribe, who has attained the age of eighteen (18) upon the date of election shall be eligible to vote, provided that person has registered to vote. Each eligible Voter shall choose to register in one (1) of seven Districts; provided the eligible voter is a resident of a District, he/she must register within that District or if the eligible voter is not a resident within a District, he/she shall choose to register in the North, South or East District. An eligible voter must register when they move into or out of a District, pursuant to Section 4 of this Article, within ninety (90) days before the next regularly scheduled Council election.

Yurok Tribal Constitution Art. III, § 4, Yurok Const. Art. III, § 4

Current through October 1, 2010

 

Yurok Const. Art. III, § 5

SECTION 5. General Qualifications for office

Yurok Tribal Const. Art. III, § 5

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article III--Election of Yurok Tribal Council

SECTION 5. General Qualifications for office

a) No person who is a candidate for or elected to any Tribal office, or is to be or has been appointed by the Yurok Council to any position of trust shall, at the time of candidacy, election or appointment have been convicted of any violent felony or crime of moral turpitude within ten (10) years of the date of election or appointment, and every candidate for election or appointment to any Tribal office or position who ever has been convicted of any felony or crime of moral turpitude shall, upon announcement of his/her candidacy or application for appointment, fully disclose to the Yurok Council the fact and date of each such conviction, the court in which the conviction was entered, the offense for which convicted, the sentence imposed and the place and manner in which the sentence was served or otherwise discharged.

b) Any person who, upon or subsequent to announcing his/her candidacy for election to any Tribal office or applying for any appointed position of trust, is formally charged with, but not yet convicted of, any crime of violence or moral turpitude, shall disclose to the Tribal Council and/or the Election Committee the fact of such prosecution upon becoming aware of the pendency thereof.

c) Any person required to make disclosure of a criminal conviction or prosecution hereunder who fails to do so within thirty (30) days may be barred or removed from the office or appointed position for which the person was a candidate when the required disclosure was not made.

d) Any elected Tribal officer or appointed Tribal official who is formally charged with a violent felony or crime of moral turpitude while in office shall be immediately suspended from office, effective with the date of initiation of such prosecution. If said officer or official is acquitted or the prosecution is terminated without a conviction, and provided that upon such termination of prosecution the term of office to which the officer or official was elected or appointed has not yet expired, the officer or official shall be reinstated to serve the remainder of his/her term of office or appointment.

Yurok Tribal Constitution Art. III, § 5, Yurok Const. Art. III, § 5

Current through October 1, 2010

 

Yurok Const. Art. III, § 6

SECTION 6. Qualifications for Tribal Chairperson and Vice-Chairperson

Yurok Tribal Const. Art. III, § 6

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article III--Election of Yurok Tribal Council

SECTION 6. Qualifications for Tribal Chairperson and Vice-Chairperson

The Tribal Chairperson and Vice-Chairperson must be Tribal Members of at least thirty (30) years of age upon election, and must actually reside and maintain their principle residence within sixty (60) miles of the Tribal territory for at least one (1) year prior to election and remain in residence throughout the term of office.

Yurok Tribal Constitution Art. III, § 6, Yurok Const. Art. III, § 6

Current through October 1, 2010

 

Yurok Const. Art. III, § 7

SECTION 7. Qualifications for Council Member Representing A District

Yurok Tribal Const. Art. III, § 7

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article III--Election of Yurok Tribal Council

SECTION 7. Qualifications for Council Member Representing A District

A Council Member must be a Tribal Member of at least twenty-five (25) years of age upon election, must be registered with and actually reside and maintain their principle residence within the District when elected, and must remain an actual resident of the District throughout the term of office.

Yurok Tribal Constitution Art. III, § 7, Yurok Const. Art. III, § 7

Current through October 1, 2010

 

Yurok Const. Art. III, § 8

SECTION 8. Primary election

Yurok Tribal Const. Art. III, § 8

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article III--Election of Yurok Tribal Council

SECTION 8. Primary election

A primary election shall be conducted in October of each year, for each office that the term is to expire. Voting shall be by secret ballot. Absentee ballots shall be available upon written

request by eligible voters and mailed in a timely manner to such voters. Those running for office who receive more than fifty percent (50%) of the ballots cast for the office shall be elected.

Yurok Tribal Constitution Art. III, § 8, Yurok Const. Art. III, § 8

Current through October 1, 2010

 

Yurok Const. Art. III, § 9

SECTION 9. Run-off Elections

Yurok Tribal Const. Art. III, § 9

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article III--Election of Yurok Tribal Council

SECTION 9. Run-off Elections

When positions remain unfilled after the primary election, then a run-off election shall be conducted in November following the primary election. Voting shall be by secret ballot. Absentee ballots shall be available upon written request by eligible voters and mailed in a timely manner to such voters. The run-off shall be between the two candidates receiving the most votes in the primary election. The candidate receiving the most votes in the run-off election for each position shall be elected.

Yurok Tribal Constitution Art. III, § 9, Yurok Const. Art. III, § 9

Current through October 1, 2010

 

Yurok Const. Art. III, § 10

SECTION 10. Filling of Vacant Positions

Yurok Tribal Const. Art. III, § 10

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article III--Election of Yurok Tribal Council

SECTION 10. Filling of Vacant Positions

If, subsequent to his/her election, the Tribal Chairperson, Vice-Chairperson, or any member of the Tribal Council resigns, dies, or becomes permanently or indefinitely incapacitated, as determined by the Yurok Tribal Council, the Yurok Tribal Council shall declare the office vacant. If the vacancy occurs during the first year of the term to which the elected official was elected, the Yurok Tribal Council shall fill the vacancy for the unexpired portion of said term by appointing the person who received the next highest number of votes in said election, providing the candidate received at least thirty (30) percent of the total votes cast. If the elected official to be replaced was unopposed in said election, or if the candidate receiving the next highest number of votes did not receive at least thirty (30) percent of the total votes cast for that office, or if the vacancy occurs more than one (1) year prior to the expiration of the term, the vacancy shall be filled by a special election called and conducted pursuant to Section 10 of this Article.

Yurok Tribal Constitution Art. III, § 10, Yurok Const. Art. III, § 10

Current through October 1, 2010

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