§ 1202 Challenges to the Election Results
A. Any Tribal Member may challenge the election results by filing the challenge in Tribal Court within five (5) calendar days after the election in accordance with the procedural requirements of the Tribal Court.
B. The Tribal Court shall hear and decide all elections challenges within ten (10) days from the date the challenge is filed.
C. The person challenging the election results shall prove by clear and convincing evidence that the Election Board violated the Constitution, the Election Ordinance, or otherwise conducted an unfair election and that the outcome of the election would have been different.
D. Any appeals from the Tribal Court decision shall be filed with the Court of Appeals within five (5) days of the issuance of the Tribal Court decision, and the Court of Appeals shall decide the appeal within ten (10) days. If the Tribal Court or Court of Appeals invalidates the election results, a new election shall be held within sixty (60) days.
E. Any issues not decided by the Court of Appeals and remanded to the Tribal Court shall be heard and decided within ten (10) days from the date of the Court of Appeals decision.
[Legislative History: Enacted by Resolution No. 97-12, 3/19/1997; Amendment and Restatement by Resolution No. 2019-162, 12/18/2019]
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