Caddo Nation Election Ordinance

The following is the Election Ordinance of the Caddo Nation as   revised in April of 2008. 

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GENERAL ELECTION BOARD ORDINANCE
of
The CADDO NATION OF OKLAHOMA

SECTION 1. AUTHORITY - This election ordinance is established by the Tribal Council of the Caddo Nation of Oklahoma under authority delegated by Article VII, Section 2, of the Caddo Nation Constitution and By-Laws of the Caddo Nation of Oklahoma.

SECTION 2. PURPOSE - The intent and purpose of this ordinance is to establish procedures for fair elections and to insure 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.

SECTION 3. DEFINITIONS

TRIBAL COUNCIL - The Caddo Tribal Council, an eight- member representative body established by Article I of the Caddo Tribal Constitution.

CONSTITUTION- The Constitution and By-Laws of the Caddo Indian Tribe of Oklahoma.

ELECTION BOARD - The General Election Board of the Caddo Indian Tribe of Oklahoma as established by Article VII of the Constitution.

POLLING PLACES - Locations designated where balloting takes place. These will be located in Anadarko, Binger, Ft. Cobb, Norman and Oklahoma City.

ELECTOR- a member of the Caddo Tribe qualified to vote.

REGISTRAR - A person designated by the election board to accept registration of voters.

ELECTION NOTICE - The official notice an election will be held on a specific date issued by the election board at least sixty (60) days before elections of officers and at least sixty (60) days before elections on issues. The notice shall consist of posting information concerning date, time, and places of election at the Anadarko Area Office and Anadarko Agency of the Bureau of Indian Affairs, at designated polling places, and other various public places. Each local and/or regional newspaper and radio or television station that provides useful coverage of the Indian communities shall be furnished a copy of the notice for carrying as a public service announcement. 

DATE OF EVENTS - In determining the date of any event pertaining to elections which date is fixed by this ordinance as occurring a certain number of days before or after an election, either the day of election or the day of the event shall be counted.

TRIBE - The Caddo Tribe of Oklahoma

SUBMISSIONS TO THE ELECTION BOARD - All material which this ordinance provides for submission to the election board may be delivered in person to ANY member of the Election Board or may be mailed to the following address:

Caddo Tribal General Election Board
P.O. Box 304
Binger, Oklahoma 73009

QUALIFIED VOTER - A tribal member who is entitled to vote by a reason of his being registered.

UNQUALIFIED VOTER - A Caddo member who is not registered to vote or a former member who has relinquished his/her membership.

RESIDENT VOTER - Any member of the tribe as determined by Article II of the Constitution who (1) is 18 years of age or older, (2) is duly registered at polling places.

NON-RESIDENT VOTER - A qualified voter who lives more than 35 miles from the nearest tribal polling place or who has been so designated by election board. 

SECTION 4. ELECTION OFFICIALS

4-a. COMPOSITION of the ELECTION BOARD - The election board members shall be nominated by an Elector, approved by Membership. The nominations shall be made in such in a way that the terms of all members shall not expire in the same year. The terms shall be for four (4) years and until their successors are installed in office. Each member shall be eligible for nomination and approved for a period of three (3) consecutive terms. Should vacancies occur before the expiration of that election board member's term, an Elector shall nominate to fill the vacancy for the remainder of the unexpired term. The nomination shall be subject to approval by the membership at the next membership meeting.

4-b The Election Board shall have overall responsibility for the conduct of all elections. These duties shall include, but not be limited to the following:

(1). Publication of election notices, at least 60 days before the date of any election issues, a public notice of the calling of election shall be made by the election board. Notices shall be posted at the office of the Anadarko Area Office and the Anadarko Agency of the Bureau of Indian Affairs, at the polling places, and at various other public places throughout the areas served by the established polling places. Each local and/or regional newspaper and radio or television station that provide useful coverage to Indian communities shall be furnished a copy of the notice for dissemination as a public service announcement.

(2). SELECTION OF POLL OFFICIALS - The members of the election board shall serve as the judge for each of the polling places. The judge shall appoint a teller and clerk. The judges, clerks and tellers shall receive an amount up to but not exceeding the amount the Tribal Council receives for a regular meeting of that body.

(3). ELECTION SUPPLIES - The election board shall arrange for all election supplies including printing of all ballots and for the printing or other reproduction of poll lists, tally lists, lists of electors and shall arrange for the delivery of the same to the persons appointed to serve at the polling places before the opening of the polls.

(4). RULING ON ELIGIBILITY OF VOTERS AND CANDIDATES - The election board, in accordance with the Constitution, shall have the authority to rule upon the eligibility of the candidates as set forth in Section 13 of this ordinance and to determine any claim as to the right of any person listed or not listed on the "Register of Electors".

C. INTERNAL PROCEDURE of ELECTION BOARD

1. QUORUM - A quorum of the election board shall consist of any three (3) members.

2. MEETINGS - Meetings shall be called at any time by the Chairman or by request of a majority of the board to the Chairman. In the event the Chairman fails to call a meeting as requested, the other members of the board who request it shall convene upon proper notification to the other members of the board.

3. COMPENSATION - Compensation for Election Board members shall be in compliance with such authority as set forth in the Constitution, Article III, By-Laws. This amount shall be in accordance with the compensation received by the Tribal Council for regular meeting of that body.

D. QUALIFICATION of ELECTION BOARD MEMBERS - All members of the election board must be registered voters of the Caddo Indian Tribe of Oklahoma and not under any court order guardianship due to mental incapacity. No member of the Tribal Council or the Hearing Board or current candidate for election to any tribal elective office shall be eligible to serve as an Election Board Member. The act of filing as a candidate for an elective office by any member of the election board shall be an automatic resignation by operation of law from the election board and such automatic resignation shall be duly noted upon the minutes of the election board and Tribal Council. Further no member of the Election Board shall be a brother, sister, parent or child by direct blood to any candidate. 

E. OATH of OFFICE - Prior to entering into the duties of office, each Election Board Member shall take the following Oath of Office to be administered by a member of the Tribal Council:

"I, ________________________, DO HEREBY SOLEMNLY SWEAR, 
OR AFFIRM, THAT I WILL SUPPORT, PROTECT, AND DEFEND THE  
CONSTITUTION AND BY-LAWS OF THE CADDO NATION OF OKLAHOMA, 
AND WILL CAUSE THE ELECTIONS OF THE CADDO NATION TO BE 
CONDUCTED FAIRLY, IMPARTIALLY AND IN ACCORDANCE WITH THE 
LAWS OF THE CADDO NATION. I FUTHER SWEAR THAT, AT ANY TIME, 
I EITHER BECOME A CANDIDATE OR A BROTHER, SISTER, PARENT 
OR CHILD BECOMES A CANDIDATE FOR TRIBAL ELECTIVE OFFICE, I WILL 
RESIGN IMMEDIATELY FROM THIS ELECTION BOARD, SO HELP ME GOD.""

POLL OFFICIALS - It shall be the duty of the poll officials appointed by the General Election Board for each polling place, to see that the balloting and canvassing of election returns are carried out in the manner prescribed in this ordinance.

SECTION 5 - VOTER QUALIFICATIONS: 

Any member of the Tribe as determined by Article I, Section 2, of the Constitution, which states, "Caddo Native Active Membership shall be the governing body of the tribe, composed of all enrolled members, at least, eighteen (18) years of age or older and who have registered to vote." Also, voter qualification as set forth in Article VII, Section 1 of the Constitution which states, "All enrolled members of the Caddo Nation, who are eighteen (18) years of age on or before Date of Election,shall be permitted to register for voting in such election if they otherwise qualify." 

SECTION 6 - BALLOTS:

A. FORM of the BALLOT - The ballots shall be printed with a stub so perforated that the ballot will be easily detached. Upon the stub shall be printed these, "If a voter is challenged, the clerk shall write, "CHALLENGED" in the space provided". Then shall follow these words, ""If, for any reason the ballot is not voted, the clerk shall print "VOID" in the space provided."

At the upper right hand corner of the stub of each ballot, and at the adjacent corner of the ballot, shall be printed or stamped, by a consecutive numbering machine the number of said stub and ballot. The stub shall bear the same number as the ballot, and such numbering shall begin with number "1" in each polling place and continued in consecutive order until each ballot and stub for that polling is numbered. The top of the ballot on which said number appears shall be so perforated that it will be easily detached. All ballots for general elections shall be upon paper of such thickness as will render it impossible to look at the back of the ballot and tell for whom it is voted. Sample ballots shall be upon thin, inexpensive paper.

1.No write-in votes will be accepted in any Caddo Nation Tribal Election.

B. NUMBER OF BALLOTS - Ballots shall be supplied by the election board to each polling place in sufficient quantity to assure that each voter whose name appears in the Register of Electors for that polling place shall receive a ballot.

C. DELIVERY and RECEIPT for BALLOTS - The Chairman of the election board shall deliver to the judge of each polling place the printed blank ballots and other election materials including ballot boxes. Each ballot box shall be equipped with a double lock system which requires two separate keys to allow the box to be opened. The Chairman shall retain a key to each ballot box. The judge at each polling site will retain the other key. The ballot boxes will require both keys to open ballot boxes. Each ballot box will be fitted with only one opening and of sufficient size to admit a single folded ballot. The judge of each polling place shall deliver Ballot Box, List and all other election materials to the Election Board Chairman as in Section 2 of this Ordinance.

SECTION 7. VOTER REGISTRATION AND VOTING LISTS:

A. REGISTRAR - Any member of the General Election Board shall be considered a designated registrar. All new registrations shall be turned in at each meeting or any time prior to close of registration period and kept in a file in the Caddo Nation General Election Board Office.

B.REGISTRATION RECORDS - The official register for each polling place shall be contained in binders designated as "Register of Electors" arranged alphabetically and designed to record all necessary information. A duplicate set of registration records shall be maintained by the election board as an official" Central File."and be kept in the General Election Board Office.

C. HOW to REGISTER as a VOTER - Any member of the Caddo Nation, otherwise qualified to vote, who desires to become eligible to vote at a polling place, shall register either in person or by mail with the election board. Any member of the Caddo Nation, otherwise qualified to vote, who desires to become eligible to vote by absentee ballot and who lives further than thirty-five (35) miles from a designated polling place, or has permanent physical disabilities shall register, either in person or by mail, with the election board. Upon completion of his/her registration, each elector shall be given a "Voter's Identification Card" certifying the member is a qualified voter of the Caddo Nation and designating the particular polling place where the voter is eligible to vote. The Voter Identification Card will be numbered with the member's tribal roll number.

D. HOW to TRANSFER REGISTRATION - The registration of any registered voter who desires to change his/her polling place shall be transferred to the polling place where he/she wishes to vote upon his/her written request to the election board.

E. REGISTRATION PERIOD - Any member of the Caddo Nation, otherwise qualified to vote, shall register between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, ten (10) days prior to the day of the election. Registration shall re-open on the next working day following the election.

F. PREPARATION and POSTING LISTS of REGISTERED VOTERS - Upon the close of registration, the election board shall prepare each polling site a list of all registered voters entitled to vote at the polling site as shown by the official election board lists. The election board shall post a current list of registered voters at the Tribal Office.

SECTION 8. ABSENTEE BALLOTS:

Absentee ballots shall be issued for all elections as provided for in Article VII, Section 2 of the Constitution. The following is basis for providing Absentee Ballots:

A. TEMPORARY ABSENTEE - Whenever a qualified resident voter expects to be, on the day of the election, absent for any reason, including illness, from the vicinity of any polling place, where they are registered to vote, that person shall request, in writing, an absentee ballot for the given election in the manner provided in Section 8-C below.

B. PERMANENT ABSENTEE - Any qualified resident with permanent physical limitations, eighteen (18) years of age or older, or any qualified resident who is sixty-five (65) years of age or older, shall be entitled to permanent absentee status. The initial request must be in writing and submitted to the election board, in the manner provided in Section 8-C, below. The election board shall determine whether a person is entitled to permanent absentee status.

C. NON-RESIDENT ABSENTEE - Registered voters who reside more than thirty-five (35) miles from the nearest polling place may request to be considered non-residents for purposes 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 thirty-five (35) miles of a polling place. The election board shall determine whether a person is entitled to non-resident absentee status.

D. NOTIFICATION- Non-resident Absentee and Permanent Absentee voters shall be notified by mail of the calling of election, the issues and/or candidates to be voted on, and shall be advised of the proper manner of voting.

E. PROPER ADDRESS - It shall be the duty of the non-resident absentee and permanent absentee voter to provide a current mailing address to the election board.

F. MANNER of REQUESTING and ISSUING ABSENTEE BALLOTS - All requests for absentee ballots should be received not lessthan ten (10) days before Election Day, so as to allow sufficient time for ballots to be supplied and returned by the election date. Any ballots not in the absentee ballot box at the Binger Post Office at final pickup will not be counted. The voter who is to cast the ballot shall make each application for an absentee ballot individually, in writing. Upon receipt of a valid request, the election board shall forward to the voter all necessary forms, ballots and instructions to be used in the pending election. The election board shall maintain a file of all applications received with the date of receipt stamped thereon. Further, the file shall show names and addresses of all persons, to whom absentee ballots are mailed, including the date of mailing. Each such ballot shall be marked with the words "ABSENTEE BALLOT."

When an absentee ballot has been issued, the election board secretary shall immediately mark the concerned individual's record accordingly, in order to inform the officials that the voter has received an absentee ballot. The Election Board shall update records reflecting issuance of absentee ballots prior to Election Day.

G. EXECUTION and RETURN of BALLOTS - The absentee voter shall mark and fold the ballot and enclose it in the inner envelope supplied by the election board. He/she shall execute the affidavit supplied which shall be in the following form:

"I, ___________________, HEREBY CERTIFY THAT I AM A 
QUALIFIED VOTER OF THE CADDO NATION OF OKLAHOMA; 
THAT I WILL BE EIGHTEEN (18) YEARS OF AGE OR OLDER AT  
THE ELECTION DATE AND AM ENTITLED TO VOTE IN THE ELECTION 
TO BE HELD;__________ AND THAT I CANNOT APPEAR AT THE POLLING 
PLACE ON THE DATE OF THE ELECTION BECAUSE (INDICATE ONE OF THE 
FOLLOWING REASONS); I AM A NON-RESIDENT VOTER_____; I EXPECT TO BE 
TEMPORARILY ABSENT FROM THE POLLING DISTRICT ____________; BECAUSE 
OF ILLNESS____________; OR BECAUSE OF PHYSICAL DISABILITIES. I 
FURTHER CERTIFY THAT I MARKED THE ENCLOSED BALLOT IN SECRET.

Signed _________________________
(Voter's Signature)

H. The absentee ballots shall remain in the locked box provided for the purpose in the Binger Post Office. The chairman of the Election Board or an election official designated by the chairman shall receive the locked box from the post office and shall personally transport it to the Caddo Nation General Election Board Office. No absentee ballots will be received at any time or by means other that provided for in this section, which is by mail.

SECTION 9. DUTIES OF POLL OFFICIALS AND VOTERS:

The duties of the judge, clerk, and teller in the conduct of the balloting shall be as follows:

A. The judge shall be chairman of the polling place election officials. He/She shall be responsible for all arrangements including availability of ballots and other election materials necessary to conduct balloting at this designated polling place. He/She shall also provide sufficient private booths or other places for the voters to mark their ballots in secrecy.

B. THE POLLING PLACE - The election officials shall be present at the designated polling place on election day in time to permit voting to begin when the polls open and shall remain until the polls close. The locked ballot box, with marked ballots still in tact, unmarked ballots, Register of Electors and lists of voters will be turned over for delivery as provided in this ordinance.

C. Before the balloting begins, the judge, clerk, and teller 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. 

D. After opening of the polling place, each voter upon presenting himself/herself to vote shall announce to the polling officials his/her name and address. Any voter who signs with an "X" shall have his/her mark witnessed by two (2) election officials. Each voter must sign the poll book before he/she may receive a ballot. Upon determination of the voter's eligibility, this polling official shall issue a ballot or ballots to the voter.

E. Upon the receipt of a ballot or ballots, the voter shall retire to one of the private voting booths or other designated place and therein mark his/her ballot or ballots in secrecy. Only one (1) person shall occupy a voting booth at one time except as provided elsewhere in this section. The elector shall mark his/her ballot with either an "X" or a check mark using the instrument provided by the election officials. Either mark, to be valid must be identifiable with the appropriate square or place on the ballot for which it is intended. No other mark shall be recognized as proper. After the ballot is so marked, the voter shall tear off the stub and shall fold the ballot so that the printed sides are completely concealed and deposit the folded ballot in the ballot box. All stubs shall be deposited in a box provided for that purpose.

F. In the event a voter appears at the polls to vote with or without registration card and finds that his/her name does not appear on the official register of electors for that polling place, the polling officials shall determine by telephone contact with the secretary of the election board or chairman, whether that person is, in fact, duly registered. Should he/she be found entitled to vote, he shall be permitted to cast a ballot. Should it be determined that he/she is not entitled to vote in that election, such decision shall be final.

G. When any voter presents himself/herself for a ballot and states that, 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 themselves, it shall be the duty of two (2) polling place officials to give the voter such assistance as needed, but in all such instances, the voter must state without suggestions from either officials, the way they wish to vote, and in no instance shall an election official by work, action or expression attempt to influence the voter as to how they should vote. Such assistance shall be given in privacy and all persons other than the election officials shall be kept sufficiently distant so they will not hear or know how such infirm elector voted.

H. All elections shall be held on Saturday, and polls open between the hours of 8:00 a.m. and 6:00 p.m. Any persons waiting in line to vote at closing time shall be permitted to vote, but those presenting themselves after the hour for closing of the polls will not be permitted to vote.

I. Training for polling site workers will be held at least one day prior to the election.

SECTION 10. HANDLING OF SPECIAL CIRCUMSTANCES:

A. VOIDING BALLOTS - Should an elector (voter) make a mistake in marking a ballot or mutilate it in an effort to vote, it shall be folded and returned to the election official. The elector, in the presence of the election officials, shall then destroy the ruined ballot except for the stub. The stub shall be marked "VOID" by the election official in the space provided and another ballot issued to the elector, in the same manner as the first ballot. The election official shall not write the name of the elector (voter) on the voided ballot, but shall print the words "DUPLICATE OF NUMBER  ____". The number placed in the space provided will be the number of the ballot that was marked "VOID" by the election official.

B. ALTERNATES for POLLING OFFICIALS - Should any election official of any of the polling places become ill or have an unforeseen emergency arise, the chairman of the election board shall be notified immediately, so that an alternate shall be prepared to assume the responsibilities of the vacated position.

C. ELECTIONEERING and LOITERING - No person shall be allowed to electioneer within one-hundred (100) feet of the building where and when the election is in progress. Neither shall any loitering be permitted in the polling place during the 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 process of the election.

D. TIES - In the event upon completion of canvass of election results as prescribed in Section 2 of this ordinance, the tally reveals that two (2) or more candidates have received the same number of votes and that this number is higher than the number of votes received by any other candidate in that contest, the election board shall conduct a recount of the ballots cast in the contest.

Should a tie exist at the completion of the recount, the election board will conduct a special election limited to the tied candidates. The same election procedures shall be followed in the event that at the affirmative and negative votes are tied in an election involving issues, a referendum or a recall.

SECTION 11. ELECTION RESULTS:

The judge shall call the chairman and announce the closing of the polling place and estimated time of arrival at the Election Board Office, where the ballots will be counted.

A. COUNTING THE BALLOTS- When all polling precincts have arrived with their respective locked ballot boxes to the election board office, the counting of the ballots shall begin.

B. BALLOT COUNT OBSERVER - Each candidate for a position of the Tribal Council is entitled to choose one (1) person to observe, on his/her behalf, counting of the ballots at the Caddo Nation Election Board Office. In elections to vote on issues, the election board may designate two (2) watchers to observe the counting of the ballots; one (1) to represent each side of the question or questions under consideration. No watcher shall, in any way, interfere or hinder the election offficials in exercising their responsibilities.

The chairman, and judge shall,in the presence of the judges, tellers, clerks and any designated ballot count observers,unlock the double locked box containing the executed ballots. As the ballots are opened, the judge of that polling siteshall verbally announce the choice or choices indicated on the ballot. The clerks and tellers shall record such information on tally sheets provided for such purpose. Upon completion of the tally, the chairman shall execute a certification of the voting results. A copy of the certification shall be posted at each polling place. If the number of votes cast in the ballot box is found to exceed the number of names on the voter registration list, that fact shall be noted on the tally sheets.

C.RETURN of ELECTION MATERIALS - The marked ballots, all unused ballots, key to ballot boxes shall be returned to the chairman.

D. PREPARATION for COUNTING ABSENTEE BALLOTS WITH ALL ELECTION BOARD MEMBERS PRESENT - After the receipt of the absentee ballots as provided in Section 8-E, the election board secretary and at least one polling official shall open the outer envelopes, but leave the inner envelope unopened at that point. The secretary shall then determine whether the person whose name is signed to the affidavit is a duly registered voter and check said voter against the absentee voting list. The sealed inner envelope shall then be dropped into the official ballot box and remain there until the actual count of all absentee ballots is started. Any ballots not properly submitted in accordance with the instructions in Section 8 for absentee balloting shall not be counted.

E. COUNTING of ABSENTEE BALLOTS - When everything is in readiness, the chairman of the Election Board shall open the absentee ballot box, after which the count shall be made by the election board. A list of the names of all absentee voters and their marked ballots shall be deposited in an appropriate container and kept at the Caddo Nation General Election Board Office.

F. IMPROPERLY MARKED BALLOTS - Should a portion of a ballot be improperly marked, it shall not exclude from the tally that 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 for safekeeping with the notation placed on the face of the ballot indicating it was not counted.

G. ANNOUNCEMENT of RESULTS - A statement shall be issued and posted to announce the election results as soon as possible following the completion of the canvass of the election. However, such results shall be posted no later than Monday following the election. Results shall be posted at each polling place, Caddo Nation Office, Election Board Office, the Bureau of Indian Affairs Anadarko Agency and Regional Office.

SECTION 12 CONTESTS OF ELECTION RESULTS:

A. REQUESTS for RECOUNTS - Any qualified voter of the tribe may at any time before 12:00 noon on the Friday immediately following the Saturday election, file with the election board, a challenge of the correctness of the announced results of the tribal election and request a recount of the ballots. The request shall specify the candidate or position on behalf of which the request is being filed.

The request for a recount must be in writing, signed and accompanied by a $250.00 recount fee. If a requester is successful in the recount, i.e., the candidate or position on behalf of which the request was filed, is determined the winner at the end of the recount, the fee shall be returned. If the recount is unsuccessful in regard to the requester, i.e., the candidate or position on behalf of which the request was filed, is not determined the winner at the end of the recount, the requester forfeits the full $250.00 recount fee.

This recount fee shall be made by cashier's check or money order. No personal checkor cash will be accepted.

B. PROTEST NOT INVOLVING RECOUNTS - Any qualified voter of the tribe may at any time before 12:00 noon on the Friday immediately following the Saturday election, file with the election board, a protest or challenge concerning any aspect of the election. Such protest or challenge must be made in writing, signed by the protester and accompanied by a $425.00 protest fee. The election board will respond in writing to such proper protest or challenge no later than 12:00 noon on the first Wednesday following the closing of the protest period. Pursuant to Article IV, Section 2, of the Constitution, decision of the Election Board shall be final. 

C. CONTEST PETITION - A candidate or registered voter contesting a tribal election shall, by 12:00 noon on Friday, six (6) days after completion of the tally of the election and declaration of the results, file with the Election Board a statement in writing setting forth their particular grounds for the contest, which contest statement must be accompanied by a deposit of $425.00. This deposit shall be made with a cashier's check or money order.

The deposits shall be used to defray some of the expenses of said contest, protest, or challenge. The statement shall be verified by an affidavit of the personcontesting that they believe the matters and things therein contained are the true. After the statement is filed and the deposit paid, the Election Board shall set a time for a hearing of the contest, no later than five (5) days after the date on which the statement of the contest was filed. Written notice of such hearing shall be mailed or delivered to each candidate for the office contested. After hearing the proofs and allegations of the contestant(s), the election board shall make their findings and shall have authority to pronounce their judgments either setting aside, or confirming the election. The decision of the Election Board shall be rendered within two (2) days after the hearing of the contest by the election board. Such decision is final.

D. Any person desiring to pursue matters further, i.e., through tribal court, etc., if said person is unsuccessful in their bid to change the decision of the election board, then any and all legal fees that incurred by the election board shall be borne by said person.

SECTION 13. TYPES OF ELECTIONS:

1. Tribal Council Members
2. Filling Vacancies on Tribal Council
3. Initiative and Referendum
4. Recall

1. ELECTION of TRIBAL COUNCIL MEMBERS

A. ELECTION DATE - Elections shall be conducted on the second Saturday in July to fill vacancies which occur.

B. TERM of OFFICE (Article IV. Section 3 of the Constitution) - The term of office of a member of the Council shall be for a period of four (4) years or until a successor is duly elected and installed in office, except for the first election held under this constitution. At the first election, the Tribal Chairman and Treasurer and the District Representatives of Oklahoma City and Binger shall serve two (4) years. The Vice-Chairman, Secretary and District Representatives from Anadarko and Fort Cobb shall serve one (1) year. Thereafter all terms will be four(4) years. The Tribal Chairman and each tribal council member shall be eligible to be elected to serve three (3) consecutive terms as provided for Article IV Section 3 of the Constitution. At the completion of his/her(3rd) consecutive term of office, he/she shall not be eligible for re-election or appointment to fill a vacancy on the council until a period of two (2) years has elapsed. In each of the above instances, the term of office shall be for the specified time, unless the incumbent is earlier removed or recalled, dies, or resigns. [See 2002 amendments to the Constitution for information on term of office.]

C. QUALIFICATION of CANDIDATES and OFFICERS - All members of the Caddo Nation of Oklahoma who will have reached the age of twenty-one (21) years of age or older by the date of the election and pass a nationwide background check, shall be eligible to become candidates for election to membership of the Tribal Council, except those persons convicted in any court of a felony, within two (2) years immediately preceding the Election or when in office or any Caddo member who is indebted delinquently to the Caddo Nation in excess of two (2) years. Candidates for a position as District Representatives must physically reside within the district they represent. Candidates for positions of Tribal Chairman, Vice-Chairman, Secretary and Treasurer must be residents of Southwestern Oklahoma, which is defined as all counties touched by a sixty-five (65) mile radius whose beginning point is Anadarko, Oklahoma. The District Representative and Officers must maintain full-time residency within the prescribed area during the tenure in office. Dual residencies will not be allowed.

VOTER FRAUD - Any Caddo Nation member attempting to vote or voted fraudulently is ineligible to run for any Tribal Office, following Due Process.

E. FILING for OFFICE - A person qualified pursuant to Caddo Nation Constitution, Article IV, Section 4, seeking election as a member of the Tribal Council may personally file written notice of his/her candidacy for a specific position. Such notice shall be accompanied by a filing fee as listed below and filed with the Election Board. 

The fee shall be deposited into the Caddo Nation Election Board Account to help defray cost of conducting elections. The fee shall be in the form of a money order or cashier's check.

Persons desiring to become candidates shall file a statement to that effect during a period beginning approximately sixty (60) days prior to the election. The candidate-filing period shall be for five (5) days, which shall be calendar working days, Monday, Tuesday, Wednesday, Thursday, and Friday. Proper notice and information shall be available and publicly announced as to the days candidates may file. Any challenges as provided in Section 13-A. (6) shall be submitted to the election board within five (5) calendar working days following the close of the filing period.

F. TESTING ELIGIBILITY of CANDIDATES - The Election Board shall promptly review all filing for membership on the Council, whether challenged or not, to test the eligibility of each person to be candidate. If the Election Board determines that a person is not eligible to be a candidate, the board shall notify such person that his/her candidacy is being challenged, giving reasons for the challenge and that unless satisfactory proof of eligibility is furnished within five (5) days after notification, he/she shall be declared ineligible to be a candidate. There shall be no refund of filing fees. Any Caddo Nation employee filing for office and is certified a candidate by the Election Board must resign on date of certification. The Election Board shall make its final ruling, at least, thirty (30) days before Election Day. The Election Board shall decide all issues of eligibility of a person to be a candidate.

G. CHALLENGE OF CANDIDATES - Any qualified voter may challenge the eligibility of any person to be a candidate by filing with the Election Board, a written statement setting forth grounds for challenge, within five (5) days after the list of candidates is posted. The Election Board shall promptly notify the would be candidate in writing stating the basis for the challenge and shall request that person to furnish, within five (5) days after notice, satisfactory proof that he/she is eligible to be a candidate for the position which he/she seeks. The Election Board shall rule on each challenge at least thirty (30) days before Election Day, and notify such person in writing of the reasons for its decision. Notification shall be given by certified mail return receipt requested. There shall be no refund of filing fees.

H. INSTALLATION - After certification of election has been issued, the Election Board shall set a date as soon as possible, on which newly elected members of the Tribal Council shall be installed. At such ceremony, the following oath of office shall be administered by the Chairman of the Election Board, as provided in Article 1, Section 1 of the By-Laws:

   "I, __________________, DO HEREBY SOLEMNLY AFFIRM THAT 
    I WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE UNITED STATE 
   AGAINST ALL ENEMIES, AND WILL CARRY OUT FAITHFULLY AND IMPARTIALLY 
   THE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITY AND WILL PROMOTE 
   AND PROTECT THE BEST INTERESTS OF THE CADDO INDIAN OF OKLAHOMA IN 
   ACCORDANCE WITH THE TRIBAL CONSTITUTION AND BY-LAWS."

2. FILLING of VACANCIES on TRIBAL COUNCIL

In the event a vacancy occurs in the office of the Tribal Chairman and less than one (1) year remains of his/her term of office, the office shall be filled by the Vice-Chairman of the Tribal Council, who shall serve for the remainder of the unexpired term of office in the position of Chairman, unless earlier removed or recalled. During the period which the Vice- Chairman serves as Chairman under these circumstance, the Vice-Chairman's office shall not be considered vacant and he/she shall return to serve the unexpired portion of his/her own term of office upon election and installation of a Chairman. If a vacancy occurs in the office of Tribal Chairman and more than one (1) year remains of his/her term of office, the Tribal Council shall within sixty (60) days of the vacancy, cause to be held a special election, in which all qualified voters of the Caddo Nation of Oklahoma may participate for the purpose of filling the vacancy. If the vacancy occurs in the office of Vice-Chairman, Secretary, Treasurer, or District Representative, the office shall remain vacant until the next regular annual election to the Caddo Tribe. If the term of the vacant position does not expire at the next regular annual election, the vacancy will be filled for the unexpired portion of the term. In the event the vacancy occurs in the office of the Secretary or the Treasurer, the council shall select one of its members to perform the duties of the vacant office until such vacancy is filled. (Article VIII, Section 1 & 2). In the event of an election, the election shall be held in the manner set forth in Section 13-A. of this ordinance where it does not conflict with provisions of this section.

A. FILLING OF VACANCIES IN EMERGENCY SITUATION(S) - If unanticipated vacancies occur and membership of the Tribal Council falls below a quorum, the remaining members of the council will immediately conduct a special meeting to fill the number of vacancies required to establish a quorum. The appointees shall meet the same qualifications for office as any candidate would. They will serve until the next regular scheduled election.

3. INITIATIVE and REFERENDUM ELECTIONS

The members of the Caddo Nation shall have the power to establish policy or enact ordinances consistent with the Constitution by Petition to the Tribal Council bearing the language of the proposed policy or ordinance and the signatures of at least fifty (50) of the registered voters of the Tribe, provided that, in an election, which must be called by the Tribal Council and conducted within sixty (60) days of the receipt of valid petition, a majority of the voters who cast ballots in such election, so demand. Notice of such petition election shall be given to the registered voters at least fifteen (15) days prior to such an election. The Tribal Council shall be bound by the results of such election for at least one (1) year from the date of that election.

The members of the Caddo Nation of Oklahoma shall have the power to reject any action of the Tribal Council by petition to the Tribal Council bearing the language of the action sought to be rejected and the signatures of at least fifty (50) of the registered voters of the tribe provided that, in an election, which must be called by the Tribal Council and conducted within sixty (60) days of the receipt of a valid petition, a majority of the voters voting who cast ballots, so demand. Notice of such petition election shall be given to registered voters at least fifteen (15) days prior to such election. The Tribal Council shall be bound by the results of such election for at least one (1) year from the date of that election (Article IX, Section 1& 2).

It shall be the duty of the Election Board to call and conduct Initiative elections pursuant to the above provision using the procedures established elsewhere in this ordinance for regular elections provided such provisions do not conflict with constitutional requirements for Initiative elections.

4. RECALL ELECTIONS

A. GROUNDS for RECALL

1. A complaint may be submitted to the Hearing Board. It shall be the responsibility of the Hearing Board pursuant to Article IV, Hearing Board, and SECTION 6, of the Constitution and By-Laws to decide whether a proposal to recall a Tribal Office shall be denied or submitted to the Election Board which shall conduct a recall election. (Article XII, Section 2).

The petition may be submitted to the Tribal Chairman, or in his/her absence his/her designated representative, according to Article VI, Section 3 & 4, of the Tribal Constitution. The Chairman or his/her designated representative will in turn submit the petition to the Election Board for their validation and subsequent call of election.

3. It shall be the duty of the Election Board to call and conduct recall elections pursuant to the above provision using the procedures established elsewhere in this ordinance for regular elections provided such provisions do not conflict with constitutional requirements for recall elections.

SECTION 14. - CADDO ELECTION BOARD EXPENSE ACCOUNT:

The Election Board shall have the authority to disburse funds from the filing fees and other fees, and the Caddo Election expense account, for conduction of all elections and for other related election expenses.

SECTION 15. AMENDMENTS:

The Tribal Council may amend this ordinance, considering recommendations by the Election Board, by a majority vote of a quorum at any meeting of that body.

CERTIFICATION
We the undersigned, members of the Caddo Tribal Council of Binger, Oklahoma hereby certify that the Caddo Tribal Council approves the changes as stated in the Caddo Nation General Election Board Ordinance. The Caddo Tribal Council is composed of eight (8) members of whom five (5) constitute a quorum, were present at a meeting thereof, duly and regularly called, noticed and convened and held on the 18 day of April, 2008, and that the foregoing ELECTION ORDINANCE of the Caddo Nation of Oklahoma was duly amended and revised by the vote of   6 FOR;  0, OPPOSED;   1 ABSTAINED.

ATTEST:

[Sgn LaRue Martin Parker]                           [Sgn Joyce R.Hinse]
LaRue Martin Parker,Chairman                     Joyce Hinse, Vice-Chairman
Caddo Nation of Oklahoma                           Caddo Nation of Oklahoma