ELE.2.4.010 Election Procedure

(a) Eligibility. Those members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians who are, or will be, 18 years of age or older, on or before the day of the referendum election, and meet the necessary citizenship (membership) requirements, pursuant to Chapter CTZ.1 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law – Citizenship Code, will be eligible to vote on election day at designated polling sites as stated in Article IV, § 1 of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(b) Qualified Voter List. A computerized listing of all qualified voters will be provided to tellers at the polling sites. The designated member of the Election Committee from the Citizen Services Department shall be on duty in the Citizen Services Department on Election Day so that the eligibility of any voter can be determined. In most cases this delays the voter by only a few minutes, and otherwise, the voter could be denied the right to vote if the person's name is not on the Qualified Voters List.

(c) Security System. The Election Committee shall be responsible for ensuring the best possible security of cross reference so there are no dual votes cast.

(d) Polling Sites. The following has been designated as the official polling sites for all Lac Courte Oreilles referendum elections:

(1) Tribal Administration Building 9:00 A.M. – 6:00 P.M.

(2) New Post Elderly Center 9:00 A.M. – 6:00 P.M.

(e) Tellers. Members of the Election Committee, other than the Election Committee Chairperson, shall preside at the polling sites as tellers, along with security officer(s) and observer(s). In the event that any member of the Election Committee cannot fulfill their duty, the Alternate with the next highest number of votes as established pursuant to Section ELE.1.3.040(c), shall be asked to fill the position.

(f) Ballot Counting. When the polling site closes at 6:00 p.m., the ballots shall be counted at the polling site. Upon completion, the ballots will be replaced in the ballot box. The ballot box will then be locked and sealed.

(1) New Post Site Only. Once the ballots are counted, replaced in the ballot box, and the ballot box is locked and sealed while an observer(s) witnesses the process, the security officer shall then hand the key to the Head Teller or Election Committee Chairperson and transport the ballot box along with the observer(s) to the Tribal Administration Building. Absolutely no stops shall be made, as all Election personnel shall report directly to the Tribal Administration Building. The ballot box shall then be opened while an observer(s) witnesses the process and then cross counted by the remaining Election Personnel. Upon final completion, the ballots shall be replaced in the ballot box. The ballot box shall then be locked and sealed and then put under lock at the Tribal Administration Building in a secured area. This process shall be noted and witnessed by security officer(s) and by observer(s).

(g) Counting Method: The Election Committee shall determine the method by which the ballots are counted so as to ensure an accurate count. All ballot counting will be done in a common room where all observer(s) and security officer(s) shall be present. No one person shall be allowed to exit the room with any ballots, count sheet, or any other written material pertaining to the election results.

(h) Ballot Controversies. Any challenge to a voter's eligibility will be referred to, and settled by, the Election committee upon completion of the counting process pursuant to Section ELE.2.4.020(c) of this ordinance. Those present shall be members of the Election Committee and observer(s).

(i) Distribution of Ballots. The Election Committee Chairperson will distribute a predetermined number of ballots, as determined by the Tribal Governing Board, at the polling site. The Chairperson and a designated Election Committee Member shall certify as to the number of official ballots received by the printer at time of pick up. The ballots shall be secured by lots of two-hundred (200) in large envelopes, signed and sealed by each Election Committee Member present at that time. Upon opening an envelope at time of election, the Election Committee Member that has been designated as Head Teller for that site, shall open and verify the number of ballots and sign the envelope in the designated space. Upon receipt of the official ballots from the Election Committee Chairperson, the Head Teller at the site will receive from the Election Committee Chairperson the Distribution of Official Ballots Certification, which shall be signed by both the Election Committee Chairperson and receiving Head Teller. (Attachment "A" of Chapter ELE.1 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law – Election Ordinance)

(j) Types of Ballots. The following types of ballots are hereby defined as established in 25 CFR § 81.1:

(1) "Official Ballot" means a ballot prepared for use in an election.

(2) "Invalid Ballot" means an official ballot discovered at the time the votes are counted which does not comply with the requirements for voting or is not an official ballot. An "Invalid Ballot" is not counted for determining the number of cast ballots.

(3) "Mutilated Ballot" means an official ballot that has been damaged to the extent that it is not possible to determine the choice the voter intended to make.

(A) A ballot that is mutilated and not cast. A mutilated ballot that has not been cast may be exchanged for a new one. If the need arises to exchange an absentee ballot, no additional time will be provided for the new ballot to be received by the Election Committee.

(B) A ballot that is mutilated and cast. A mutilated ballot that has been cast shall be counted in the same manner as a 'Spoiled Cast Ballot'.

(4) "Spoiled Ballot" means an official ballot that has been marked in such a way that it is not possible to determine the intent of the voter, a ballot that has not been marked at all, or one that has been marked so as to violate the secrecy of the ballot. There are two kinds of "Spoiled Ballots" as follows:

(A) A ballot that is spoiled and not cast. A spoiled ballot that has not been cast may be exchanged for a new one. If the need arises to exchange an absentee ballot, no additional time will be provided for the new ballot to be received by the Election Committee.

(B) A ballot that is spoiled and cast. A spoiled ballot that has been cast shall be counted in tabulating the total votes cast in conjunction with determining whether the required percentage of the qualified voters has participated in the election.