1202 Challenges to the Election Results

1202 Challenges to the Election Results

ยง 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]

    • Related Articles

    • 104 General Elections

      § 104 General Elections A. Timing of General Elections. Pursuant to Article VIII, Section 1 of the Constitution, General Elections to vote for Tribal Council Members shall be held on the first Saturday in May in odd numbered years. B. Staggered ...

    • 1201 Challenges to Election Prior to Election Day

      § 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 ...

    • Section 10. Election Results.

      Section 10. Election Results. The Election Board shall certify the results of an election within three (3) days after the election day. The candidate receiving the highest number of votes for each available seat shall be declared the winner.

    • 105 The First and Second General Elections; Subsequent Elections

      § 105 The First and Second General Elections; Subsequent Elections A. As required by Article VIII, Section 3 of the Constitution, the First General Election was held on Saturday, May 3, 1997, for the seats of one (1) Northern Area Council Member, one ...

    • Section 12. Challenges.

      Section 12. Challenges. Any tribal member may challenge the results of any election by presenting his or her challenge to the Tribal Court within five (5) days after the election results are certified. The Tribal Court shall decide all election ...