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Law & Order Code of  The San Juan Southern Paiute Tribe

Title 4 Chapter 1

ARTICLE X – ELECTION PROCEDURES

ARTICLE X – ELECTION PROCEDURES
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Section 1. Close of Voting.

Any voter in line at the polling place before the close of voting at 6:00 p.m. shall be allowed to vote.

Section 2. No Electioneering at Polling Places.

(a) Electioneering shall be prohibited within fifty (50) feet of the polling place.

Section 3. Method of Voting.

(a) When a voter arrives to the polling place on election day, the Election Board shall check off the voter’s name on the list of eligible voters.  Each voter shall place his or her signature next to his or her name on the list of eligible voters.

(b) The Election Board shall initial the outside of each ballot before giving the ballot to an eligible voter.  The Election Board may also use an official stamp on the outside of each ballot in addition to the initial.

(c) Each eligible voter shall vote I n privacy by placing a mark in ink opposite the name of the candidate for whom he is voting.  The voter shall deposit his or her Official Ballot into the ballot box.  The voter may only vote for one candidate for each vacant seat.

(d) The Election Board may assist a voter in voting by any reasonable means necessary, provided that the voter requests such assistance.  Under no circumstances should any Election Board member attempt to persuade or otherwise influence the voter’s choice.

Section 4. Spoiled Ballots.

(a) If a voter spoils his or her Official Ballot, the Election Board may issue another Official Ballot to the voter.  The Election Board shall secure all spoiled ballots.

Section 5. Counting Ballots.

(a) Immediately after the close of the polling and after the last voter has voted, the Election Board shall unlock the ballot box and count the Official Ballots.

(b) The Election Board shall count the votes as marked on the Official Ballots.  All votes shall be counted as long as the Election Board can determine the choice(s) the voter has made.

(c) In counting the votes, the Election Board shall take one ballot at a time and read off the names of the candidates who received votes.

(d) The tallying of the votes shall be o pen for public observation, but the public must remain at a reasonable distance from the Election Board.  The public must remain quiet and in no way interfere with the orderly tallying of the ballots.

(e) At the end of the tally, the Election Board shall determine the total votes cast for each candidate or issue.  These results shall be written down on the Certificate of Election Results, Form G, contained in the appendix of this Ordinance.  The Certificate of Election Results shall be signed by each member of the Election Board.  The Election Board shall post the Certificate of Election Results at the polling place.

(f) After the Election Board has certified the election results, the Election Board shall keep the Election Records which shall include the counted ballots, the unused ballots, and the spoiled or rejected ballots, if any.  The Election Board shall keep the Election Records for at least one year.

Section 6. Rejected Ballots.

(a) If, during the tallying of the votes, the Election Board is unable to determine from the ballot the choice(s) of the voter, the ballot shall be rejected.

(b) If the Election Board can determine one or more of the choices of the voter, but cannot determine all of the choices of the voter, the Election Board shall count the choices which can be determined.

(c) The Election Board shall keep all rejected ballots in a separate location.

Section 7. Recounts.

(a) The Election Board may, in its sole discretion, call for a recount of the ballots.

Section 8. Other Matters Decided by the Election Board.

(a) Any other election matters not specifically addressed in this Ordinance shall be decided by the Election Board.  The decision of the Election Board shall be final.

[Legislative History: Enacted by Resolution No. 97-12, 3/19/1997]

NOTICE and DISCLAIMER

This online version of the San Juan Southern Paiute Tribe Law & Order Code is maintained by the San Juan Southern Paiute Tribe. Pursuant to Tribal Council Resolution No. 2018-21, the Law & Order Code is to be posted and maintained on the Tribe’s website at all times and the Tribal Administration and General Counsel are responsible for posting newly enacted or amended laws to the Tribe’s website within thirty (30) days of their passages into law. If you have any questions regarding the version of the Code posted on this website or need to confirm that it is the most current version, please contact the Tribal Administration or the Tribe’s General Counsel.
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