1201 Challenges to Election Prior to Election Day

1201 Challenges to Election Prior to Election Day

ยง 1201 Challenges to Election Prior to Election Day

A. Any Tribal Member may petition the Tribal Court for review of an election matter arising under the Constitution or Election Ordinance in accordance with the procedural requirements of the Tribal Court.

B. The Tribal Court shall have the authority and jurisdiction to decide cases relating to election matters which arise prior to election day.

C. Any appeal from a final Tribal Court decision in an election case under this section shall be appealed within five (5) calendar days of the Tribal Court decision.

D. Election matters shall be expedited by the Tribal Court and Court of Appeals and shall take precedence over all other matters before the Tribal Court and Court of Appeals. To the extent reasonably possible, the Tribal Court and Court of Appeals shall resolve election matters prior to election day.

E. The Tribal Court shall have the authority to order an election deadline to be reset by the Election Board if the Tribal Court finds that it is necessary for the conduct of a full and fair election.

F. The Tribal Court shall have the authority and jurisdiction to judicially monitor an election upon a finding by the Tribal Court that such monitoring is reasonably necessary for the completion of a full and fair election.

[Legislative History: Enacted by Resolution No. 2019-162, 12/18/2019]

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