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Tribal Elections Code of Law Part 4: Primary and General Election


The five parts are as follows: Part 1 Election Committee, Part 2 Election Process, Part 3 Caucus and Nominating, Part 4 Primary and General Election, Part 5 Other Election Processes.


The Election Code is not printed in its entirety, only relevant parts to explain the actual process.


ELE.1.5.040 Primary Ballot Order


(a) The names of all nominees shall be drawn from a "hat" and placed in that order on the official ballot, provided the following requirements have been met:


(1) The Nominee has signed the "Acceptance Form" (Attachment "C") within the three (3) working days allowed pursuant to ELE.1.5.020;


(2) The Nominee has completed the "Prerequisite Certification for Primary Ballot" within the three (3) working days allowed pursuant to ELE.1.5.020; and


(3) The Nominee has received verbal notification from the LCO Human Resources Department that they have satisfied the prerequisites established in ELE.1.5.030; or received an order from the Tribal Court overturning the Election Committee's determination that they have failed to meet the prerequisites established in ELE.1.5.030.


(b) In the event that a nominee subsequently withdraws or is disqualified from the Election, the nominees shall be moved up in proper order.


ELE.1.5.050 Primary Election


(a) Beginning in 2011, if the number of nominated candidates for the Governing Board exceeds twice the number of offices to be filled, then the Election Committee shall conduct a Primary Election. The purpose of the Primary Election shall be to reduce the number of candidates so that the number of candidates does not exceed twice the number of offices to be filled.


(b) Primary Elections shall occur on the date specified in ELE.1.4.010(k) and shall be conducted in accordance with the general requirements and procedures applicable to elections conducted under this Election Ordinance.


(c) Only persons who are nominated as candidates for election to the Governing Board at the time of the Caucus and who timely accept the nomination in accordance with the requirements of this Election Ordinance shall be listed on the ballot for a Primary Election. Write-in candidates shall be accepted during the Primary Election.


(1) Write-in candidates who receive the necessary votes to be moved to the General Election must first meet the prerequisites and have a negative drug test pursuant to ELE.1.5.030(a)(1)-(3) and ELE.1.5.060 prior to being added to a ballot for the General Election.


(d) Candidates from the Primary Election, equal in number to twice the number of offices to be filled in the Election, which receive the greatest number of votes shall be named as candidates in the General Election, subject to meeting all the requirements of ELE.1.5.030(a)(1)-(3) and ELE.1.5.060.


ELE.1.5.060 Candidate Prerequisites Prior to Being Placed on the General Ballot


(a) Within three (3) working days after the Primary Election, the prospective candidate must undergo testing for illegal drugs and prescribed medication for which they do not have a valid prescription.


(1) The prospective candidate shall undergo testing at the LCO-CHC at the times established for candidate testing for illegal drugs and prescribed medication for which they do not have a valid prescription as a prerequisite requirement for being placed on the ballot for the General Election. The laboratory evaluation of the sample shall be carried out by a laboratory that is contracted with the LCO-CHC and is certified by either the College of American Pathologists or the National Institute on Drug Abuse. Such drug tests require laboratory testing as provided by the Mandatory guidelines for Federal Workplace Drug Testing Programs pursuant to 94 FR 28101, May 15, 2015 as amended, as minimum standards for the following five classes of drug and correlative cutoff concentrations: Cocaine; Opiates including opium and codeine derivatives such as Oxycodone, Oxymorphone, Hydrocodone, Hydromorphone; Amphetamines and Methamphetamines including Methylenedioxyamphetamine (MDA) and Methylenedioxymethamphetamine (MDEA); Phencyclidine (PCP).


(A) In the event of a positive test result, a confirmation test shall be performed by a laboratory specified in subs. (1) above, using the original sample (not a new sample). The confirmation test shall be based on a different analytical method of higher analytical certainty.


(B) A prospective candidate who tests positive (upon completion of a confirmation test) for illegal drugs and/or prescribed medication for which they do not have a valid prescription, shall be prohibited from being placed on the ballot for the General Election. The prospective candidate with the next highest votes from the Primary Election shall be elevated in the process. This new individual shall meet the same drug testing prerequisites prior to being approved to be placed on the ballot for the General Election.


(C) A prospective candidate who declines a drug test shall be prohibited from being placed on the ballot for the General Election. The prospective candidate with the next highest votes from the Primary Election shall be elevated in the process. This new individual shall meet the same drug testing prerequisites prior to being approved to be placed on the ballot for the General Election.


(D) A prospective candidate whose drug test is adulterated or diluted shall be prohibited from being placed on the ballot for the General Election. The prospective candidate with the next highest votes from the Primary Election shall be elevated in the process. This new individual shall meet the same drug testing prerequisites prior to being approved to be placed on the ballot for the General Election.


(2) The results of the tests shall be released to the Election Committee. The Election Committee Chairperson, or designee, shall contact each of the prospective candidates to let them know if their test was positive or negative, and whether they shall be placed on the ballot for the General Election. The Election Committee Chairperson, or designee, shall also contact any prospective candidate with the next highest votes from the Primary Election, if necessary, to elevate them in the process to be drug tested. This process shall continue until there are candidates numbering no more than twice the number of offices to be filled in the Election who meeting the requirements of ELE.1.5.030(a)(1)-(3) and ELE.1.5.060.


ELE.1.5.070 General Ballot Order


(a) The names of all candidates shall be drawn from a "hat" and placed in that order on the official ballot for the General Election, provided the candidates meet the prerequisites and have a negative drug test pursuant to ELE.1.5.030(a)(1)-(3) and ELE.1.5.060.


(b) In the event that a candidate subsequently withdraws or is disqualified from the Election, the candidates shall be moved up in proper order.

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