CHIEF AND TRIBAL COUNCIL
ELECTION ORDINANCE
CONTENTS
ELECTION ORDINANCE
CONTENTS
Article I Purpose ............................................................................................2
Article II Authority .........................................................................................2
Article III Voter Registration .......................................................................2-3
Article IV Election Board ..............................................................................3-4
Article V Election Dates ...............................................................................4
Article VI Filing and Fees ……………………………………………………...............….4-5
Article VII Contest of Candidacy………………………………………….........……...5-6
Article VIII Voting List…………………………………………………………......................6
Article IX Precincts and Polling Places ……………………………………...……7
Article X Precinct Election Board …………………………………………….........7-8
Article XI Campaigning .....................................................................................8
Article XII Watchers ..........................................................................................9
Article XIII Ballots .............................................................................................10
Article XIV Voting at the Polls .......................................................................10-11
Article XV Absentee Voting ………………………………………………..................…...11-13
Article XVI Election Returns …………………………………………………..................13-14
Article XVII Contest of Irregularities ...........................................................14-15
Article XVIII Recount ............................................................................................15-16
Article XIX Winner ................................................................................................16
Article XX Terms of Office................................................................................16-17
Article XXI Installation ........................................................................................17
Article XXII Vacancy ...............................................................................................17
Oaths and Filing Forms ........................................................................................ 18-21
CHIEF AND TRIBAL COUNCIL
ELECTION ORDINANCE
ELECTION ORDINANCE
ARTICLE I. PURPOSE
SECTION 1. This Ordinance is adopted for the purpose of conducting Tribal Elections for the Chief and Tribal Council Members of the Choctaw Nation of Oklahoma (hereafter referred to as the Choctaw Nation). Tribal Elections will consist of primary, run-off and special elections.
ARTICLE II. AUTHORITY
SECTION 2. The Choctaw Nation Tribal Council Election Committee is authorized to compose and amend the Ordinance, consistent with the Constitution, for approval by the Tribal Council.
ARTICLE III. VOTER REGISTRATION
SECTION 1. One must be a registered voter with the Choctaw Nation Tribal Membership office to vote in Tribal Elections. Any person who has obtained Tribal Membership as defined by Article II of the Constitution and who has attained the age of eighteen (18) by Election Day shall be eligible to vote.
SECTION 2. Information provided on a Tribal Membership/Voter Registration application is
given under oath. It includes the voter's full name, address of residence, mailing address (if
different from physical address), sex, social security number, and date of birth.
SECTION 3. Tribal Members living inside the Choctaw Nation boundaries must register in the proper district and precinct in which they reside and vote in that designated district/precinct. If a voter has changed his/her residence within the same district but closer to another precinct then their registration will be changed to the proper precinct. However, they may still vote at their former polling place in that district.
SECTION 4. Tribal Members who are not residents within the Choctaw Nation boundaries are considered “Absentee” but may become affiliated with a district of their choice. Once a voter has affiliated with a district while living outside of the Choctaw Nation boundaries, he/she must remain in their chosen district. If they do not affiliate with a district then they will be considered strictly “Absentee/Unaffiliated". These voters are only allowed to vote in an election for the Chief.
SECTION 5. If a voter's residence changes, he/she should change his/her voter precinct
accordingly if moving from one district within the Choctaw Nation to another. If a voter lived
inside Choctaw Nation boundaries and moved outside, then he/she remains in that district as an Absentee Affiliate, unless he/she has chosen to affiliate with another district. Once a voter has affiliated with a district while living outside the Choctaw Nation, he/she must remain in their chosen district. Affiliation may change only when a voter moves back within the boundaries of the Choctaw Nation.
SECTION 6. Voters may make any registration changes by contacting the Tribal Membership office and completing a new Tribal Membership/Voter Registration application.
SECTION 7. Tribal Membership/Voter Registration applications may be processed any time
registration is "open". Voter Registration for a person residing in or wishing to affiliate with a
district with an upcoming election closes at 4:30 p.m. twelve (12) working days prior to the
election. This will include all voter registration during the time of a Chief’s election. Any person turning 18 during this 12 day window will be eligible to vote as long as they have previously obtained Tribal Membership. Registration will resume at 8:00 a.m. on the first (1st) working day following an election. Run-off election registration will be closed three (3) working days prior to the run-off election.
SECTION 8. A voter’s registration may be cancelled for any of the following reasons:
(a) A member appears before a Choctaw Nation Tribal Membership/Voter Registrar and
executes a written notice stating that he/she no longer desires to be a registered voter of the
Choctaw Nation of Oklahoma or sends in such request by U.S. Postal Service. No
facsimiles will be accepted.
(b) The next-of-kin of a deceased member submits a death certificate or an obituary for that
person to the Tribal Membership Department.
(c) The Tribal Membership office is notified by another tribe that a member has registered
with them. No enrolled member of another tribe or person who votes as a citizen or member
of another tribe shall be eligible to vote in elections of the Choctaw Nation.
ARTICLE IV. ELECTION BOARD
SECTION 1. All elections shall be conducted by the Choctaw Nation Election Board with the
direction and help from an outside election service provider hired by the Choctaw Nation to
conduct Choctaw Nation elections.
SECTION 2. There are three (3) members of the Choctaw Nation Election Board and they are designated as Chairman, Secretary and Member. The Election Board shall be composed of persons who have Tribal Membership with the Choctaw Nation. Members of the Election Board are nominated and presented in writing by the Chief for confirmation by the Tribal Council. Upon confirmation, the oath of office (located on page #18 of this document) will be signed by each member and shall be administered by the Speaker of the Tribal Council. No unauthorized person shall perform any duties of the Election Board without the approval of the Tribal Council Election Committee.
SECTION 3. The tenure of terms for the Election Board members shall be three (3) years. This will be a three (3) year commission with the appointed members serving staggered terms. The terms shall expire at the end of December of every third year for each appointed term.
SECTION 4. No person shall serve on the Election Board for any election in which he/she is a candidate for office, an employee of a candidate for office, is related within the third degree of consanguinity/affinity (including adoption) to a candidate for office, or is an employee of the Choctaw Nation or its subsidies.
SECTION 5. There will be at least two (2) alternate Election Board members trained for each election to serve in the absence of an Election Board member or as additional help when required. They are to be appointed by the Chief with the approval of the Tribal Council. Alternates must be able to step into any role of the Election Board members. They shall subscribe to an oath (located on page #18 of this document) before the Election Board
Chairman obligating them to observe the same rules prescribed to Election Board members.
SECTION 6. The Election Board office hours shall be maintained Monday through Friday, from 8:00 a.m. to 4:30 p.m., eight (8) weeks prior to a primary election. The Election Board office will be closed to observe any holidays recognized by the Tribe. If a run-off election is necessary, the Election Board office will remain open for three (3) working days after the run-off election results are final. If no run-off election is necessary, closing will be three (3) working days after the primary election results are final.
SECTION 7. Once the Election Board is in session for an election the minutes of all meetings will be recorded by the Election Board Secretary. A copy of the minutes of each meeting shall be delivered to the Secretary of the Tribal Council and copies will be distributed to the Chief and all Tribal Council Members.
SECTION 8. The Election Board is responsible for the monitoring, videoing and recording of all processes of absentee ballot counting and protests filed. No other recorder, video or camera will be allowed at any time. There will be trained security at the Election Board office when deemed necessary or at the Election Board’s discretion.
ARTICLE V. ELECTION DATES
SECTION 1. Choctaw Nation elections are held every two (2) years, with the offices for Chief and six (6) Council Members being held at one time and the offices for the other six (6) Council Members being held the next. Elections shall be held on a day prescribed by the Election Board with the Chief and Tribal Council’s approval. An election for an office would not be held in the event that any standing office holder is to run un-opposed.
SECTION 2. Special Elections shall be held pursuant to Article XIV of the Constitution.
ARTICLE VI. FILING AND FEES
SECTION 1. Filing dates for candidates shall be eight (8) weeks prior to an election on the
three (3) days designated for filing by the Election Board. Filing dates will be published in
various newspapers inside the boundaries of the Choctaw Nation, including the Biskinik, and/or by television and radio stations.
SECTION 2. A person may become a candidate for an office by filing a Declaration of
Candidacy (located on page #19 and #20 of this document) with the Election Board on the
designated filing days. At the time a Declaration of Candidacy is submitted it must be
accompanied by a filing fee of $2,500.00 for the office of Chief or $500.00 for the office of Tribal Council Member. The fee must be paid in the form of a cashier’s check or money order. Personal checks or cash are not accepted. The fee shall be made payable to the Choctaw Nation of Oklahoma Trust.
SECTION 3. Qualifications for Chief are as follows:
(a) Must be a Tribal Member of the Choctaw Nation.
(b) Be at least thirty (30) years of age.
(c) Possess no less than one quarter (1/4) degree of Choctaw of Oklahoma or Mississippi
Choctaw of Oklahoma Indian Blood as certified by an official Tribal Membership card
and Certificate of Degree of Indian Blood (CDIB) card issued by the Bureau of Indian
Affairs.
(d) Must be able to submit proof of residency within the Choctaw Nation boundaries for two
(2) years or more immediately preceding an election for the office of Chief if asked by
the Election Board. (For example a utility bill, employment verification, or state issued
voter registration card.) The candidate must have an actual domiciliary residence inside
Choctaw Nation boundaries and not just a mailing address.
SECTION 4. Qualifications for Tribal Council Member are as follows:
(a) Must be a Tribal Member of the Choctaw Nation.
(b) Be at least twenty- one (21) years of age.
(c) Possess no less than one quarter (1/4) degree of Choctaw of Oklahoma or Mississippi
Choctaw of Oklahoma Indian Blood as certified by an official Tribal Membership card
and Certificate of Degree of Indian Blood (CDIB) card issued by the Bureau of Indian
Affairs.
(d) Must submit proof of residency of their respective district within the Choctaw Nation
boundaries for one (1) year or more immediately preceding an election if asked by the
Election Board. (For example a utility bill, employment verification, or state issued voter
registration card). The candidate must have an actual domiciliary residence inside the
district boundaries and not just a mailing address.
SECTION 5. All potential candidates are required to execute a consent form (located on page #21 of this document) for a background check when they file for an office. They are not officially considered a candidate until the results of the background check indicate they are eligible. No person who has been convicted of a felony by a court of competent jurisdiction shall be eligible to hold any elected or appointed office in the Choctaw Nation. The results of the background check shall be kept on file at the Election Board office in Durant for a period of ninety (90) days after election results are final.
ARTICLE VII. CONTEST OF CANDIDACY
SECTION 1. Any candidate running for an office may contest the candidacy of any other
candidate who has filed a Declaration of Candidacy seeking the same office. If only one (1)
candidate files for the office of Chief, then any Tribal Member who is registered to vote may
contest his/her candidacy. If only one (1) candidate files for an office of Tribal Council Member, then any Tribal Member who is registered to vote in the district of office sought may contest his/her candidacy.
SECTION 2. In order to contest the candidacy of someone seeking the office of Chief or the
office of Tribal Council Member, one must file a petition with the Choctaw Nation Election Board stating the grounds of the contest, including specific reasons the contested candidate is not qualified or eligible for office. Reasons not appearing on the petition shall not be grounds for a contest. Candidates may only be contested based on the grounds of qualifications for candidacy (as listed in Article VI Filing and Fees). These petitions may be filed no later than 4:30 p.m. on the second (2nd) working day following the close of the filing period. If a contest is not filed by that time, the candidate’s name will appear on the ballot.
SECTION 3. Once a petition is properly filed the Secretary of the Election Board shall order a time to conduct a hearing on the petition, no less than three (3) working days but no more than five (5) working days after the petition is filed.
SECTION 4. The person filing the petition must arrange for a copy of the Secretary’s hearing order to be served to the candidate being contested. Any candidate being contested shall be served a copy of the petition and hearing order by the Choctaw Police or U.S. Postal Service within 48 hours from the time the petition is filed (for example, if a petition is filed at 3 p.m. on Friday, it must be served by 3 p.m. on Sunday). If the Choctaw Police or U.S. Postal Service is unable to perform this service, then they must provide in writing the reason that they were unable to do so. The candidate is then considered to have been “served” and the proof of inability to serve the candidate must be presented at the time of the scheduled hearing.
SECTION 5. The hearing is closed. Only the Election Board members, the candidate being
contested, witnesses and attorneys will be allowed to sit in. No witness shall remain in the room while another witness is testifying and all witnesses will leave the room when testifying is complete. No videoing or recording of the hearing will be permitted at any time. All decisions on hearings will be made by the Election Board and shall be considered final.
ARTICLE VIII. VOTING LIST
SECTION 1. A list of eligible voters in an election will be obtained by the Election Board eight (8) weeks prior to any election. Each eligible candidate will be provided only one copy of this list of eligible registered voters in the election in which said person is a candidate for office. This list will be provided at the time the candidate files.
SECTION 2. The list consists of names only of all eligible registered voters in an election. It is divided between those living within the boundaries of the Choctaw Nation and those living
outside the boundaries who are affiliated with that district. The list will include all voters who
have current addresses on file with the Tribal Membership office as well as those whose
addresses are marked as “Returned”.
SECTION 3. A decision of the Election Board on the eligibility of a voter shall be based upon
Article II of the Constitution. Challenges by candidates concerning eligibility of those named on the voter lists must be made in writing and presented in person to the Election Board no later than three (3) working days after the filing period closes. No challenges will be accepted after 4:30 p.m. on the third (3rd) working day. No facsimiles will be accepted. Those persons determined to be ineligible to vote shall be notified through certified mail by the Election Board. He/she has the right to request a hearing with the Election Board within five (5) working days of receipt of notification. A list of those persons determined to be ineligible to vote shall be kept on file at the Election Board office for referral on Election Day.
ARTICLE IX. PRECINCTS AND POLLING PLACES
SECTION 1. A precinct is an artificial subdivision that facilitates voting within a district. These subdivisions are made to ensure that Tribal Members living inside the boundaries of the Choctaw Nation will have equal representation. Polling places within the precincts are
designated by the Secretary of the Election Board. The polling place must be located within the geographical boundaries of that precinct. The Election Board is required to provide a large map in its office showing all of the precincts/polling places within the Choctaw Nation boundaries.
SECTION 2. Notices of the polling places and hours of operation shall be given as soon as the candidates in an election are official. This will be done by various means of communication available to the Election Board, including but not limited to, newspapers inside the boundaries of the Choctaw Nation and/or by television and radio stations. The notices will be posted again two (2) weeks prior to any election.
SECTION 3. Polling places shall be open during the hours of 7:00 a.m. to 7:00 p.m. on the day of an election.
ARTICLE X. PRECINCT ELECTION BOARD
SECTION 1. Each polling place shall have one (1) Precinct Election Board. There are three
(3) members on each Precinct Election Board. The Precinct Election Board shall consist of
persons who have Tribal Membership with the Choctaw Nation. Precinct Election Board
members are appointed by the Election Board. They are designated as Inspector, Judge, and Clerk. There will be two (2) alternate workers trained for each precinct to be used as backup. The alternates should be able to step into any role of the Precinct Election Board members.
SECTION 2. No person shall serve on a Precinct Election Board at any election in which
he/she is a candidate for office, an employee of a candidate for office, is related within the third degree of consanguinity/affinity (including adoption) to a candidate for office, or is an employee of the Choctaw Nation or its subsidies.
Section 3. The Precinct Election Board members and alternates shall subscribe to an oath
(located on page #18 of this document) before the Election Board Chairman obligating them to observe the same rules prescribed to Election Board members. The Election Board Chairman shall administer the oath to the Precinct Election Board members at a time and place designated before all elections. These oaths will be kept on file at the Election Board office until 90 days after the election results are final, at which time they will be shredded.
SECTION 4. The Precinct Election Board shall supervise elections at each voting place. Each Precinct Election Board shall have the following specific duties and abide by the requirements as outlined below:
1. Train with the Election Board on all election procedures prior to Election Day.
(They will receive all ballots and supplies for the election at this time.)
2. Arrive no later than 6:30 a.m. on Election Day to set up materials at the polling places.
Place displays of sample ballots and information for voters outside the polling place and
erect at least one (1) voting booth with instructions for voters inside the polling place.
3. Remain at the polling place during voting hours and until all work is completed that night. (In the case of an emergency which requires the extended absence of a Precinct Election
Board member, the remaining board members shall appoint one of the pre-designated
alternates to serve in his/her absence.)
4. Confirm that the ballot box is empty and that no votes have been cast immediately before 7 a.m. (this shall be done by the Inspector).
5. Keep the ballot boxes locked at all times.
6. Ascertain that the name of each person offering to vote is on the official voting list for that
particular voting place.
7. Contact the Election Board with any question(s) or challenge(s) of the right of a person to
vote. Any decision on the question/challenge shall be made by the Election Board and
shall be final. No cell phones used at any time. (In the event that the phone line for the
precinct is not working a cell phone may be designated as the contact phone for that
precinct instead, but for business calls only – no personal calls.)
8. See that only one (1) ballot in each election is cast by each voter and that the voter
countersigns his/her name on the Precinct Registry where his/her name is printed.
9. Preserve spoiled and mutilated ballots in a specially marked envelope to be returned to the Election Board in Durant. These are to be kept locked up at all times.
10. Announce that the polls are closed at 7 p.m. (this shall be done by the Inspector), lock the doors and allow all eligible voters in line at 7 p.m. to complete voting.
11. Run the report of the counts of total votes cast for each candidate after all the ballots have been processed to constitute the official Election Return for that precinct (electronic
tabulation of ballot boxes is done by turning the ballot box key). The Election Return must
be signed by the Precinct Election Board Inspector, Judge and Clerk. The original
Election Return is to be given to the Election Board in Durant.
12. Call the Election Board in Durant with the totals and post a copy of the Election Return for that precinct on the doors of the polling place.
13. Seal in the ballot transfer box all voted and un-voted ballots as well as all spoiled and
mutilated ballots, along with a copy of the Election Return for that precinct. The boxes will
be marked with the name of the voting place and date of the election. Ballot boxes remain
sealed with tabs, certified plastic tape or locks installed by the company hired to conduct
Choctaw Nation elections.
14. Return all boxes to the Election Board in Durant immediately following the election.
ARTICLE XI. CAMPAIGNING
SECTION 1. Campaigning on Choctaw Nation property will not be permitted at any time.
SECTION 2. No person shall be allowed to campaign or display political advertisement within 100 yards of a polling place or the Election Board office on Election Day. This includes, but is not limited to, advertisement on a person, yard or vehicle. If a voter shows up at a polling place while wearing clothing used to campaign or with political statements they will be asked to change first or turn the clothing inside out. If the request is refused, Tribal Police will be contacted to escort them from the premises. Any person displaying political advertisements in their yards within 100 yards of the polling place or Election Board office will be asked to take it down. Any owner of a vehicle displaying political advertisement within 100 yards of the polling place or Election Board office will be asked to move the vehicle or it will be towed at the owner’s expense.
ARTICLE XII. WATCHERS
SECTION 1. Any candidate is entitled to commission only one (1) Watcher per precinct to
observe the voting in an election. The Watcher must be commissioned in writing and presented in person to the Secretary of the Election Board no later than 12:00 noon, two (2) working days prior to the election. (No facsimiles will be accepted.) The Watcher shall receive no compensation for their services. The Watcher must subscribe to an oath (located on page of this document) administered by a member of the Election Board or the Precinct Election Board Inspector regarding the duties and obligations of Watchers. Watchers may take this oath prior to the election but no later than 6:45 a.m. on Election Day. The oaths shall be kept on file at the Election Board office for a period of ninety (90) days after the election results are final.
SECTION 2. Watchers shall be allowed to observe the voting process. They shall have
authority to note and record any objections to the count for all candidates. The Watcher is
allowed to observe the voting place before the polls are opened, while the polls are open, and after the polls are closed. The Watcher must not interfere with the Precinct Election Board members’ duties and there is to be no interaction between the Watchers and voters. Any type of campaigning by a Watcher will result in his/her dismissal of duties. The Watcher may not divulge any information or give any indication as to the result of the voting count prior to the time the Precinct Election Board Inspector posts a copy of the Election Return totals on the door of the polling place.
SECTION 3. Any candidate is entitled to commission only one (1) Absentee Vote Watcher to
observe the processing of absentee ballots in an election. The Watcher must be commissioned in writing and presented in person to the Secretary of the Election Board no later than 12:00 noon on the Monday preceding the election. (No facsimile will be accepted.) The Watcher shall receive no compensation for their services. The Watcher must subscribe to an oath (located on page #18 of this document) administered by a member of the Election Board regarding the duties and obligations of Watchers. Watchers may take this oath prior to the election but no later than 6:45 a.m. on Election Day. The oaths shall be kept on file at the Election Board office for a period of ninety (90) days after the election results are final.
SECTION 4. Absentee Vote Watchers shall be confined to observing the opening of the
“Ballot” envelopes containing the absentee ballots and the tabulation process for the absentee ballots. This process will take place at the Election board office and will not begin until 7:00 a.m. on Election Day. The Absentee Vote Watcher must not interfere with the Election Board members’ duties. Any type of campaigning by an Absentee Vote Watcher will result in his/her dismissal of duties. The Absentee Vote Watcher may not divulge any information or give any indication as to the result of the absentee vote count prior to the time the Election Board makes the official Election Return for Absentee Ballot count.
SECTION 5. Watchers at the polls or Absentee Vote Watchers at the Election Board office are not permitted to place or receive telephone calls. Absolutely no cell phones, recording
devices or cameras will be permitted. Any violations of these regulations will be grounds for
immediate dismissal. If an emergency call comes in, the Watcher may take the call and then
leave. Under no circumstances will a Watcher be allowed to return once they leave the building.
ARTICLE XIII. BALLOTS
SECTION 1. Official ballots for Choctaw Nation elections shall be issued to each Precinct
Election Board by the company hired to conduct Choctaw Nation elections. Ballots may consist of candidate’s names or names with pictures, also known as pictorial ballots. A candidate's name will appear on the ballot under his/her legal name as it appears on his/her Tribal Membership card (first, middle, last /maiden) along with a married name, if applicable.
SECTION 2. For an election, each candidate's name appears an equal number of times in each position on the ballot. For example, if there are three (3) candidates for an office, then each candidate's name appears first on one-third (1/3) of the ballots, second on one-third (1/3) of the ballots and third on one-third (1/3) of the ballots. However, because of the division of ballots among precincts, the order of names of the candidates may be identical on all ballots in any given precinct. On absentee ballots, the position of the candidates' names is the same on all ballots. That position, once the identity of the candidates is known, is alphabetical by last/maiden name. In a run-off election the name of the candidate who received the most votes in the primary election appears first on absentee ballots.
SECTION 3. Ballots are bound in books of 50 (fifty). Each ballot within a precinct has a unique number. The number on the ballot matches the number on a stub that remains in the book of ballots from which the individual ballot is removed. The numbered stub that remains on the ballot is detached by the voter before he/she has voted to keep for his/her own records. The double numbering system is a means of insuring that voters cast the ballots that they were issued. It is not a means of tracking how an individual votes as the ballot itself does not display the number.
SECTION 4. Absentee ballots shall be identical to the regular ballots but shall be stamped
"ABSENTEE BALLOT" and the date of the issuance shown thereon. The ballots, when mailed to the voter, shall be accompanied by a plain opaque envelope marked "BALLOT", and a preaddressed postage paid affidavit envelope for voters’ convenience. The return envelope will have the mailing address to the Choctaw Nation Election Board in Durant, OK on it.
SECTION 5. Sample ballots are printed for every election. Sample ballots are exact duplicates of regular issue ballots except that no numbers are printed on them and "SAMPLE BALLOT" is printed across the face of the ballot. Sample ballots are posted at each polling place on Election Day and are available in the office of the Election Board.
ARTICLE XIV. VOTING AT THE POLLS
SECTION 1. Voting shall be by secret ballot. Choctaw Nation elections shall be by electronic
voting machine and/or done manually. The voting machines will be provided by the company hired to conduct Choctaw Nation elections.
SECTION 2. At 7:00 a.m. the Precinct Board Inspector announces that the polls are open and the processing of voters begins. The first three (3) persons to vote are the Inspector, Judge and Clerk if they are registered voters in that district. After that, voters are processed in the order in which they present themselves at the polling place.
SECTION 3. Any eligible registered voter may vote by appearing at his/her registered voting
precinct and announcing to the Precinct Election Board his/her name and address. If asked, the voter must present a photo ID showing full name and date of birth. The Precinct Judge
determines the voter's eligibility by locating his/her name on the Precinct Registry. Once the
voter's eligibility is proven, the voter is asked to sign the Precinct Registry beside his/her printed name. The Precinct Clerk then issues the appropriate ballot(s). The Precinct Inspector provides the voter a marking pen and directs the voter to a voting booth. The voter should detach the numbered stub on the ballot(s) before marking his/her ballot(s) in the privacy of the voting booth and casting his/her vote(s). When the voter has finished voting, he/she is required to leave the polling place immediately.
SECTION 4. A voter who is able to reach the location of the polling place, but because of a
physical disability or infirmity is unable to come inside, can be assisted outside of the election enclosure. The Precinct Inspector will stop processing the voters inside the election enclosure. Voters who have already signed the Precinct Registry will be permitted to complete voting first. Then the Precinct Inspector and another Precinct member will approach the disabled voter outside the voting enclosure and provide whatever assistance is required. The disabled voter must subscribe to an oath, called an Affidavit for Assistance, that he/she is entitled to the assistance. The voter may mark his/her own ballot or he/she may choose to be assisted by a person of his/her choosing, provided that person is not the voter’s employer or an agent of the employer. The voter may also choose to be assisted by one of the Precinct Election Board members other than the Inspector. At no time should the ballot box be left unattended.
SECTION 5. A voter who is able to enter the election enclosure but is unable to mark his/her
ballot because of a physical or visual disability/infirmity or is illiterate and can neither read nor write, is entitled to special assistance. The Precinct Inspector will stop processing the voters inside the election enclosure. Voters who have already signed the Precinct Registry will be permitted to complete voting first. The disabled voter must subscribe to an oath, called an Affidavit for Assistance, that he/she is entitled to the assistance. The voter then indicates whether he/she wishes to be assisted by one of the Precinct Election Board members or by a person of the voter’s choosing, provided that person is not the voter’s employer or an agent of the employer. Assistance in marking ballots is then provided in the voting booth. At no time should the ballot box be left unattended.
SECTION 6. A registered voter whose name is not listed on the Precinct Registry cannot vote until the Precinct Election Board members contact the Election Board in Durant for a decision. The Election Board decision is final. If the voter is approved to vote then he/she signs a Challenged Voter Affidavit and is processed as any other voter. If not approved, he/she will be denied the right to vote in that election.
SECTION 7. If a voter makes a mistake in marking his/her ballot(s), then he/she should return the ballot(s) to the Precinct Election Board. Those ballots will be marked as spoiled, put in a specially marked envelope and locked up. After that, the voter receives a new ballot or ballots.
SECTION 8. When the polls close, any eligible voters who are present in line at the polling
place at 7:00 p.m. are permitted to vote, even if they actually cast their votes after 7:00 p.m.
Voters who arrive at the polling place after 7:00 p.m. are not entitled to vote.
ARTICLE XV. ABSENTEE VOTING
SECTION 1. The Election Board will have two (2) post office boxes at the Durant Post Office. One will be for all mail, including correspondence, absentee ballot requests and returned/undeliverable absentee ballots. This one will be checked daily once the Election Board is in office. The second will be strictly for absentee ballots being returned for tabulation. It will only be checked the day before an election.
SECTION 2. When a district is up for an election, absentee ballots shall be automatically
mailed to all registered voters for that election residing outside the territorial boundaries of the Choctaw Nation. These will be mailed to the address shown on the official voter registration list with the Tribal Membership office, providing the address is current. These will be mailed within 3-5 days of approval of the ballots by the company hired to conduct Choctaw Nation elections. In the case of a Chief’s election, all non-resident voters will receive absentee ballots. Notice of these mail outs will be communicated to voters by the Election Board in various newspapers inside the boundaries of the Choctaw Nation, including the Biskinik, and/or by television and radio stations.
SECTION 3. A list of eligible voters with returned addresses will be published in the Biskinik
newspaper sixty (60) days prior to any election. If there is a need for an extra edition of the
Biskinik to print all names listed with returned addresses, the Election Board funds shall absorb the fees. No ballot will be mailed to a person listed on the "Returned Address" list. It is the responsibility of the voter to be sure his/her address is current with the Tribal Membership office.
SECTION 4. Should the U.S. Postal Service indicate for any reason that mail cannot be
delivered to said voter at his/her address as shown by the official records of the Tribal
Membership office, that person will be placed on the "Returned Address" list. If a voter’s
absentee ballot is returned they can contact the Election Board to update their information and request another. Voters should contact the Election Board with any inquiries about their
absentee ballots.
SECTION 5. Any registered voter in a district residing inside the territorial boundaries of the
Choctaw Nation who will be unable to appear at the polling place on Election Day may vote by absentee ballot. The voter may request to the Election Board that an absentee ballot be mailed to him/her by completing an Absentee Ballot Request provided by the Election Board or appear in person to the Election Board office to make such request.
SECTION 6. Requests for absentee ballots must be received by the Election Board no later
than twelve (12) working days before an election. The request will be used to determine the
voter’s eligibility to vote in an election and to what address the ballots should be mailed. An
absentee ballot will be sent to the voter via U.S. Postal Service once the Election Board
approves the voter's request.
SECTION 7. Any person who is a registered voter of the Choctaw Nation and living inside the Choctaw Nation boundaries who is permanently handicapped may request to be a permanent absentee voter. These requests will need to be made to the Tribal Membership office. Absentee ballots will automatically be sent to all handicapped persons who have requested to be a permanent absentee voter.
SECTION 8. Voters who become incapacitated after 4:30 p.m. on the Wednesday preceding an election shall be considered an Emergency Absentee Voter and may receive an absentee ballot through special procedures. These voters may make a written request to the Election Board.The request must be accompanied by a statement from a doctor that the voter is incapacitated and will be unable to vote in person on Election Day due to a physical disability that originated after 4:30 p.m. on the Wednesday preceding the election. The voter’s request and the doctor’s statement must be taken to the Election Board office by a person the voter chooses. This person becomes the voter’s “agent”. The voter’s agent may be anyone who is at least 18 years of age, provided the agent is not employed by nor related within the third degree by blood or marriage to any person whose name appears on the ballot. No person may be the agent for more than one (1) voter at an election. The agent will receive the voter’s ballot(s) in person and will deliver it/them to the voter. After the voter marks the ballot(s), the agent must return it/them to the Election Board office.
SECTION 9. Election Board members will log all absentee ballots issued after the initial mail
out into the Absentee Ballot Register provided by the company hired to conduct Choctaw Nation elections. This Register will show the name, address and date of issuance of the absentee ballots. The Register will also include the information for absentee ballots sent in the initial mail out. It will be recorded if the issued ballot was returned for tabulation or was returned as "undeliverable" and the date it was returned.
SECTION 10. After marking the absentee ballot in ink, absentee voters place their ballot into
the marked “BALLOT” envelope. Next, the “BALLOT” envelope is placed into the preaddressed postage paid affidavit envelope to be signed and mailed to the Choctaw Nation Election Board. All affidavits must be signed in order for a vote to be counted. Postage for ballots returned for tabulation will be paid by the Choctaw Nation Election Board fund.
SECTION 11. Absentee ballots must be received by the Election Board in Durant by U.S.
Postal Service no later than 4:30 p.m. on the day before an election in order to be counted.
Ballots delivered after that time and date will not be included in the final count.
SECTION 12. The Election Board members will pick up all absentee ballots returned for
tabulation from the Post Office by 4:30 p.m. the day before an election. Voters whose ballots
have been completed shall be scanned by the Election Board and indicated as an "Absentee Voter" in the official voter list. The Secretary of the Election Board then places these unopened absentee ballots into an empty ballot box. The ballot box is locked with three (3) different locks with three (3) different keys. Each Election Board member has possession of a key.
SECTION 13. In the case of a run-off election, absentee ballots shall be handled in the same manner as in a primary election. Ballots for absentee voting in a run-off election will be mailed to all voters who were sent absentee ballots for the primary election with the following exceptions:
(a) Voters added to the Returned Address list since the first mailing of absentee ballots for
that election.
(b) Those individuals whom the Tribal Membership office has been notified are now
deceased.
(c) Persons who are no longer Members of the Tribe.
ARTICLE XVI. ELECTION RETURNS
SECTION 1. The Election Board members will examine all affidavit envelopes for signatures. If there are any without signatures the envelopes will be secured in the Improper Ballot Box and not counted.
SECTION 2. At any time after 7:00 a.m. on Election Day, the Election Board members may
begin to remove the outer affidavit envelopes of the absentee ballots. The unopened envelopes containing the ballots are placed inside an empty ballot box. Both envelopes shall remain in ballot boxes under lock and key.
SECTION 3. After shaking the ballot box for true anonymity , the blank ballot envelopes are
removed and the ballots are tabulated. This process is conducted by all members of the
Election Board.
SECTION 4. The ballots at the precinct shall be tallied by the Precinct Election Board members only after the closing of the polls at 7:00 p.m. If tallies do not match ballot count to voter count, then the ballots are not recounted until returned to the Election Board office in Durant. Although all of the ballots that were provided for the precinct are accounted for administratively, it is common that the number of voters who signed the Precinct Registry and the number of votes that were actually cast for a particular office will be different. The discrepancy is caused by a variety of factors, including failure by the voter to mark their ballot for any candidate or mutilation of a ballot by a voter so that it could not be processed. Typically, the discrepancy is only a small number of votes.
SECTION 5. Election Return totals from the precincts are called in to the Election Board in
Durant. A copy of the return totals for each precinct shall be posted at the voting place after the Precinct Election Board members call the Election Board office. Once all results have been entered, all ballots, including unused, spoiled, or mutilated ballots shall be locked and marked with the name of the voting place and the date of election. After all election night procedures are completed at the polling places, the Precinct Election Board Inspectors shall deliver to the Election Board in Durant the original return totals, locked voting boxes and all materials. This shall be done immediately following election night procedures.
SECTION 6. After the totals have been called in by the Precinct Election Boards, an unofficial Election Return of totals is then made by the Chairman and Secretary of the Election Board. Once the accuracy of the results has been verified, the Election Board prints an Official Election Return report. The return is signed by all members of the Election Board. The Chairman of the Election Board shall certify and post the results of the election immediately and transmit it to the Bureau of Indian Affairs in Talihina, Oklahoma.
SECTION 7. The Election Board shall store all ballots, affidavits, oaths and any other
documents pertaining to the election in a locked room or safe for a period of ninety (90) days after election results are final, at which point they will be shredded.
ARTICLE XVII. CONTEST OF IRREGULARITIES
SECTION 1. After a primary or run-off election, any candidate whose name appeared on the
ballot may contest the results of the election. To contest the results of an election, candidates must file a petition with the Election Board no later than three (3) working days following the election. No facsimiles will be accepted. Once a petition is properly filed, the Secretary of the Election Board orders a time for hearing the petition, no less than three (3) working days, and no more than five (5) working days, after the petition is filed.
SECTION 2. The candidate filing the petition must arrange for a copy of the Secretary’s hearing order to be served to any other candidate whose name appeared on the ballot at the election for the office being contested. Candidates are to be served a copy of the petition and hearing order by the Choctaw Police or U.S. Postal Service within 48 hours from the time the petition is filed (for example, if a petition is filed at 3 p.m. on Friday, it must be served by 3 p.m. on Sunday). If the Choctaw Police or U.S. Postal Service is unable to perform this service, then they provide in writing the reason that they were unable to do so. The candidate(s) is/are considered to have been “served” and the proof of inability to serve the candidate(s) must be presented at the time of the scheduled hearing.
SECTION 3. The hearing will be closed. Only the Election Board members, the candidates for the office being contested, witnesses and attorneys will be allowed to sit in. No witness shall remain in the room while another witness is testifying and all witnesses will leave the room when testifying is complete. No videoing or recording of the hearing will be permitted at any time. All decisions on hearings will be made by the Election Board and shall be considered final.
SECTION 4. A candidate may contest the results of an election based on allegations of
irregularities. A petition must allege specific irregularities in certain precincts or in the casting of absentee ballots. Additional allegations may be made to the Election Board at the time of the hearing if not known to the petitioner at the time the petition is filed.
SECTION 5. Irregularities that have been found sufficient to have a new election ordered
include:
(a) Voting by persons who were not registered to vote in a number that exceeded the margin among the candidates involved in the election.
(b) Voting by persons who were not registered to vote within the district in a number that exceeded the margin among the candidates involved in the election.
No petition has ever been sustained based on irregularities such as electioneering or similar
grounds.
SECTION 6. A non-refundable fee in the amount of $150.00 must accompany the petition. The fee must be in the form of a cashier's check or money order, made payable to the Choctaw Nation of Oklahoma Trust. Cash or personal checks are not accepted.
ARTICLE XVIII. RECOUNT
SECTION 1. A candidate for office may ask for a recount. The time limit for requesting a
recount from the Choctaw Nation Election Board in a primary or run-off election shall be within three (3) working days following the posting of the results. The request must be in writing and presented in person. No facsimiles will be accepted. Ballots will be recounted manually or electronically. The petitioner must indicate what precinct he/she wishes to have recounted and whether he/she wants the absentee ballots to be recounted, as well. A non-refundable fee of $200.00 per precinct and/or $400.00 for absentee ballot recount is charged. The fee must be in the form of a cashier's check or money order, made payable to the Choctaw Nation of Oklahoma Trust. Cash or personal checks are not accepted. The Election Board will determine whether or not the ballots have been preserved properly, as is outlined in Article XVI Election Return. If not, then no recount can be held, and the announced results are certified. If so, then the recount begins.
SECTION 2. The recount is an administrative procedure conducted by the Election Board. The Election Board may be assisted by Counters who have been specifically trained in the
procedures for counting ballots. However, the Election Board is the final authority for
determining how a disputed ballot can be counted.
SECTION 3. Each candidate is entitled to have a Watcher present at any place where ballots are being recounted. The Watcher must be commissioned in writing to the Secretary of the Choctaw Nation Election Board by 7:00 a.m. on the day of the recount. The Watcher must adhere to the same rules as outlined in Article XII Watchers. The Watcher(s) can be the same person(s) used in the general election but must be re-commissioned and sworn in. When the recount is complete, the Election Board re-tabulates and certifies the results.
SECTION 4. All of the votes cast at the precincts and absentee ballots originally counted must be included in the certification of the recount. For example, if there are fifteen (15) precincts involved, then fifteen (15) precincts must be certified together with any absentee ballots. If the petition does not specify all the precincts, then only those specified will be recounted, and the original results from the others will be tabulated with the recounted precincts to certify the results. Only entire precincts may be recounted. In no event can a recount be stopped in the middle of counting votes for a precinct.
ARTICLE XIX. WINNER
SECTION 1. The candidate for the office of Chief receiving a fifty-one percent (51%) majority or more of the votes in the Primary Election shall be declared the winner, and his/her name shall be transmitted in writing to the Bureau of Indian Affairs in Talihina, Oklahoma.
SECTION 2. The candidate for an office of the Tribal Council receiving a fifty-one percent (51%) majority or more of the votes in the Primary Election shall be declared the winner for their respective district and his/her name shall be transmitted in writing to the Bureau of Indian Affairs in Talihina, Oklahoma.
SECTION 3. If a candidate does not receive a fifty-one percent (51%) majority or more of the votes cast, then a Run-off Election between two (2) candidates receiving the most votes in the Primary Election shall be conducted within four (4) weeks following the Primary Election. The person receiving the majority of votes cast in the Run-off Election for Chief or Tribal Council Member shall be declared winner, and his/her name shall be transmitted in writing to the Bureau of Indian Affairs in Talihina, Oklahoma.
ARTICLE XX. TERMS OF OFFICE
SECTION 1. The Chief shall be elected for a term of four (4) years, which shall commence at 12:00 noon on the first Monday in September following the election.
SECTION 2. A Tribal Council Member shall be elected for a term of four (4) years, which shall commence at 12:00 noon on the first Monday in September following the election.
SECTION 3. An elected Chief must remain a resident of the Choctaw Nation of Oklahoma
during the tenure of office. An elected member of the Tribal Council must remain a resident of the district in which he/she was elected for the tenure of office.
ARTICLE XXI. INSTALLATION
SECTION 1. The certified winners of a primary or run-off election shall be installed at the
Choctaw Nation Council House Grounds at Tushka Homma on the first Monday of September after an election. The oath of office shall be administered by the presiding Judge of the Choctaw Nation Tribal Court.
SECTION 2. The certified winner of a Special Election shall be installed three (3) working days after the election. An unopposed candidate of a Special Election shall be installed immediately following the three (3) day protest period. The oath of office shall be administered by the presiding Judge of the Choctaw Nation Tribal Court.
SECTION 3. When there is only one (1) uncontested candidate for the Office of Chief of the
Choctaw Nation of Oklahoma or Tribal Council Member of the Choctaw Nation of Oklahoma, said individual shall be duly certified as elected by the Election Board to such office after the two (2) day protest period. No future election shall be held for that particular term of office.
ARTICLE XXII. VACANCY
SECTION 1. A vacancy of office can occur in the case of the death, resignation or recall of an elected official.
SECTION 2. If a vacancy occurs in the office of Chief, the Assistant Chief shall automatically become Chief for the remainder of the unexpired term.
SECTION 3. If a vacancy occurs less than one (1) year before the expiration of an unexpired Tribal Council term, then the Chief will appoint an eligible Tribal Member to serve the remainder of the term.
SECTION 4. If a vacancy occurs more than one (1) year before the expiration of an unexpired Tribal Council term, a Special Election shall be called within sixty (60) days to fill the vacancy. Special Election procedures shall be the same as in a primary or run-off election.
CHOCTAW NATION ELECTION BOARD MEMBER, PRECINCT
ELECTION BOARD MEMBER AND WATCHER OATH
I,______________, do solemnly swear (or affirm) that I
will support, obey, and defend the Constitution of the
Choctaw Nation of Oklahoma, the State of Oklahoma,
and the United States of America, and will discharge the
duties of my office with fidelity. I have read and will
subscribe to the election rules adopted by the Tribal
Council of the Choctaw Nation of Oklahoma on
____________.”
CANDIDATE FOR CHIEF OF
THE CHOCTAW NATION OF OKLAHOMA
“For the purpose of having my name placed on the official
election ballot as a candidate for Chief of the Choctaw Nation
of Oklahoma, I, _____________________, do solemnly swear
(or affirm) that I now reside and have resided in the Choctaw
Nation of Oklahoma for two (2) years or more immediately
preceding this election: I now reside at:
ADDRESS: _____________________________
CITY/STATE/ZIP: ________________________
TELEPHONE: ___________________________
OCCUPATION: __________________________
HEIGHT: _______________WEIGHT:________
COLOR OF HAIR: _______ DOB: _________
I am at least one-fourth (1/4) degree Choctaw Indian by blood
as certified by an official Tribal Membership Card and/or a
Certificate of Degree of Indian Blood (CDIB). I believe in the
principles of the Choctaw Nation of Oklahoma and intend to
support its principles and policies. I will not knowingly
violate any election law defining or relating to corrupt and
fraudulent practice in campaigns of elections in the Choctaw
Nation, and, if elected, I will qualify for said office.”
__________________________
Signature
State of (__________________)
) SS:
County of (__________________)
Before me, the undersigned Notary Public in and for said
county and state, on this __________ day of
________________, 20_____, personally appeared
______________________________, who subscribed the
above statement and acknowledged to me that he/she
executed the same as his/her free and voluntary act and deed
for the purpose therein set forth. Witness my hand and
official seal the day and year above written.
__________________________
Notary Public
SEAL
My Commission Expires: _______________________________
CANDIDATE FOR TRIBAL COUNCIL MEMBER OF
THE CHOCTAW NATION OF OKLAHOMA
“For the purpose of having my name placed on the official
election ballot as a candidate for Tribal Council Member for
the District #___, I, _____________________, do solemnly
swear (or affirm) that I now reside and have resided in the
District for which I seek office one (1) year or more
immediately preceding this election: I now reside at:
ADDRESS: _____________________________
CITY/STATE/ZIP: ________________________
TELEPHONE: ___________________________
OCCUPATION: __________________________
HEIGHT: _______________WEIGHT:________
COLOR OF HAIR: _______ DOB: _________
I am at least one-fourth (1/4) degree Choctaw Indian by blood
as certified by an official Tribal Membership Card and/or a
Certificate of Degree of Indian Blood (CDIB). I believe in the
principles of the Choctaw Nation of Oklahoma and intend to
support its principles and policies. I will not knowingly
violate any election law defining or relating to corrupt and
fraudulent practice in campaigns of elections in the Choctaw
Nation, and, if elected, I will qualify for said office.”
__________________________
Signature
State of (__________________)
) SS:
County of (__________________)
Before me, the undersigned Notary Public in and for said
county and state, on this __________ day of
________________, 20_____, personally appeared
______________________________, who subscribed the
above statement and acknowledged to me that he/she
executed the same as his/her free and voluntary act and deed
for the purpose therein set forth. Witness my hand and
official seal the day and year above written.
__________________________
Notary Public
SEAL
My Commission Expires: _______________________________
EXECUTION OF CONSENT FOR BACKGROUND CHECK
First Middle Last Maiden
FULL NAME ________________________________________________
DATE OF BIRTH ____________________________________________
SOCIAL SECURITY # ________________________________________
OK DRIVER’S LICENSE # ________________________________________
HEIGHT ___________________________________________________
WEIGHT ___________________________________________________
EYE COLOR ________________________________________________
ALIASES (AKA’S) ________________________________________________
ADDRESS ________________________________________________
________________________________________________
City County State
PLACE OF BIRTH_____________________________________________
EMPLOYMENT _______________________________________________
HAVE YOU EVER COMMITTED A FELONY? ________YES _______ NO
IF YES, WHAT STATE? __________________ WHEN? _______________
SIGNATURE OF CANIDATE: ____________________________________
I HAVE SUBSCRIBED TO THE ABOVE STATEMENT AND ACKNOWLEDGED
THAT I EXECUTED THE SAME FREE AND VOLUNTARY ACT AND DEED
FOR THE PURPOSE THEREIN SET FORTH. WITNESS MY HAND AND
OFFICIAL SEAL THIS DAY AND YEAR ABOVE WRITTEN.
______________________
Notary Public
Seal
My Commission Expires __________________
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