Section 1. Recall Proceedings.

(a) Recall proceedings shall be conducted in accordance with Article IX, Section 2 of the Constitution, and shall be administered by the Election Board.

(b) Any adult tribal member may initiate recall proceedings against nay Tribal Council Member by filing a written request with the Election Board, Provided, that a recall proceeding may not be initiated against any Tribal Council Member whose term expires within six (6) months.

Section 2. Recall Petitions.

(a) After receipt of the written request, the Election Board shall issue Official Recall Petitions, Form H, to the tribal member(s) who initiated the recall.  The tribal member(s) shall have sixty (60) days to collect the signatures from thirty percent (30%) of the eligible voters of the Tribe.

(b) Individual Official Recall Petitions shall be circulated for each Tribal Council Member who is subject to recall.  A maximum of three (3) Tribal Council Members may be recalled at a time.

(c) Each eligible voter of the Tribe shall have the right, exercisable freely and without restraint or coercion of any kind, to sign a recall petition.

(d) Completed Official Recall Petitions shall be submitted to the Election Board.

(3) The Election Board shall verify the signatures on an Official Recall Petition within ten (10) days of receipt of such Petition.

Section 3. Recall Meeting.

(a) If the tribal member(s) seeking recall has collected the required number of signatures in the allotted time, then the Election Board shall hold a recall meeting within sixty (60) days of the receipt of the Petition.

(b) The Election Board shall mail notice of the recall meeting to eligible tribal voters at least thirty (30) days prior to the recall meeting.  The notice, Form I, shall include the date, time and location of the meeting, and time by which the eligible voters must arrive at the meeting in order to be able to vote on the Petition.

(c) At the recall meeting, the person initiating the recall and the person subject to recall shall be given a reasonable opportunity to speak and present evidence at the recall meeting.  The Election Board may also allow other eligible voters to speak at the recall meeting.

(d) All eligible voters who arrive at the recall meeting by the time specified in the notice, shall be given the opportunity to vote for or against the Recall.  The recall shall pass if at least thirty (30%) of all eligible voters actually appear and vote at the recall meeting and if a majority of those voting vote for the recall.

(1) The voting at the recall meeting shall be by secret written ballot.  The voting procedure shall be the same as that set forth in Article X, Sections 3 and 4, above.

(2) After all eligible voters who arrived at the meeting by the specified time have had the opportunity to vote, the Election Board shall count the votes.  The procedure for counting the votes shall be the same as set forth in Article X, Sections 5, 6, and 7, above.

(3) The Election Board shall certify the result of the recall vote on the Certificate of Recall Results, Form J.  The Certificate of Recall Results shall be signed by each member of the Election Board.

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

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