Article II. Pre-Election Day Procedures
§ 4-201 Election Commission.
A. As required by Article IX, Section 4 of the Constitution, there is hereby created an Election Commission.
B. Pursuant to Article IX, Section 4 of the Constitution, the Election Commission shall be an autonomous and permanent entity charged with the administration of the Tribe’s elections in accordance with the Constitution and other laws.
C. Pursuant to Article IX, Section 4 of the Constitution, the Tribal Council shall appoint all members of the Election Commission prior to each election.
D. Notice of Election Commission Selection Process.
1. The Tribal Council shall provide notice of the upcoming year’s Election Commission selection process during the annual General Council meeting of all even-numbered years.
2. The Tribal Council shall publish notice of upcoming positions on the Election Commission in the Tribe’s newsletter and on the Tribe’s website.
E. Qualifications of Election Commission.
1. Members of the Election Commission shall be tribal members who are least twenty-five (25) years of age.
2. No person who has been convicted of a felony shall be eligible to serve on the Election Commission. No individual who is incarcerated or on probation or parole shall be eligible to serve on the Election Commission.
3. No individual serving as an elected official or running for an elected office will be eligible to serve on the Election Commission.
F. Appointment of Election Commission.
1. The Tribal Council shall require that applicants for the Election Commission submit a letter of interest to the Tribal Council in care of the Tribal Office.
2. The Tribal Council shall make tentative selections for the Election Commission and conduct a background check on those tentative selections prior to officially appointing the individual to the Election Commission.
3. Upon the certification of election results pursuant to Section 4-315, the Tribal Council shall select between five (5) and seven (7) members of the Election Commission to serve as soon as possible following a general election, and in any event no later than January 1 of all even-numbered years. The Tribal Council shall also replace any vacancy occurring before the end of an Election Commissioner’s term as necessary.
4. The Election Commission shall contain Commissioners who are lineal descendants of no fewer than four (4) distributees listed in the Tribe’s A Plan for Distribution of the Assets of the Wilton Rancheria, According to the Provisions of Public Law 85-671, Enacted by the 85th Congress, Approved August 18, 1958, as approved by the deputy commissioner of the Interior Department’s Bureau of Indian Affairs on July 6, 1959.
G. Term of Election Commission.
1. Members of the Election Commission shall serve only until the results of the general election are certified.
2. Members of the Election Commission may be reappointed for the next election.
H. Election Commission Spokesperson.
1. The Election Commission shall select a Spokesperson from among its membership.
2. The Spokesperson shall supervise the business and the officers of the Election Commission. The Spokesperson shall preside at all meetings of the Election Commission. The Spokesperson shall prepare an agenda for each meeting and shall prepare a monthly written report to the Tribal Council regarding the business of the Election Commission.
3. Starting in January of an election year the Spokesperson or designee shall give a monthly report to Tribal Council about their preparation for the upcoming election.
I. Election Commission Vice-Spokesperson.
1. The Election Commission shall select a Vice-Spokesperson from among its membership.
2. The Vice-Spokesperson shall give notice of all meetings to other members of the Election Commission. The Vice-Spokesperson shall take roll at every meeting, and maintain a record of all members’ attendance at such meetings.
J. Compensation.
1. Members of the Election Commission shall be compensated for attendance at Election Commission meetings at a rate established by the Tribe’s budget.
2. A member of the Election Commission must be present for a majority of the meeting or hearing to receive compensation.
K. Quorum.
1. Quorum for the Election Commission shall be a majority.
2. Quorum must be attained and maintained to conduct business and for the Election Commission members to be eligible for compensation.
L. Voting and Procedures.
1. All decisions of the Election Commission shall be determined through a majority vote of all members present.
2. To the extent any procedural issue is not otherwise addressed by the Constitution or this chapter, the Election Commission should rely on Robert’s Rules of Order to address such issue.
M. Duties and Obligations of the Election Commission.
1. Duties. The Election Commission shall:
a. Formulate, adopt, amend, and rescind rules, regulations, guidelines and forms reasonably necessary to carry out the provisions of this chapter.
b. Adopt an Election Policy and Procedure Manual. The Election Policy and Procedure Manual must be submitted to Tribal Council for approval. The Tribal Council will have forty-five (45) calendar days from first formal presentation to Tribal Council at a duly called Tribal Council meeting to modify, amend, accept, or reject the Election Policy and Procedure Manual. In accordance with 4 WRC § 1-101 et seq., Tribal Council, as amended, the Tribal Council may accept or reject the Election Policy and Procedure Manual by motion, and may approve the Election Policy and Procedure Manual as modified by Tribal Council by resolution. If Tribal Council does not act within forty-five (45) calendar days, the Election Policy and Procedure Manual shall be deemed approved.
c. Conduct all general, runoff, special elections and amendment elections in a fair and impartial manner and in accordance with the Constitution and this chapter.
d. Maintain and check a tribal election electronic mail account and post office box for candidates to submit declarations of candidacy or other supporting documents. The Election Commission is to confirm receipt of all electronic and mailed documents with the candidate or sender. Election Commission mail or other nonelectronic election documents may only be stored or left in the homes, cars, or any other personal domains of members of the Election Commission with the approval of a majority of the Election Commission.
e. Conduct felony background checks to determine if a candidate is qualified for office.
f. Ensure that all candidates meet the qualifications for office. Prior to an election, the Election Commission shall hold a meeting to verify that all candidates meet the qualifications for office and/or to verify all documents to be true and accurate. Unless precluded by something beyond its control, the Election Commission shall make the decision regarding verification of candidates at the same time for all candidates.
g. Ensure that the election runs smoothly and that order is maintained at all times, including at all Election Commission meetings.
h. Recruit volunteers to serve as poll workers during each election.
i. Prepare and approve all official ballots. No ballots will be changed without approval from the Election Commission.
j. Ensure the safekeeping of all official ballots. After each election, the Election Commission will shred all unused ballots.
k. Prepare, post and mail all official Election Commission documents. The Election Commission may request support from the Office of the Chairperson if needed.
l. Have the authority to investigate alleged violations of this chapter after receipt of a complaint, including the authority to hire a third-party independent investigator, as approved in the Tribe’s budget.
m. Have the authority to conduct an administrative hearing to make a determination under this chapter, such as candidate qualifications, voter qualifications, election challenges, election offenses, and other violations of this chapter.
2. Obligations.
a. No member of the Election Commission may campaign for the nomination, election, or removal of any elected official.
b. No member of the Election Commission may be a candidate for elective office.
c. All members of the Election Commission shall seek to maintain a neutral and impartial position on all election activities in order to ensure a fair and proper election.
d. All members of the Election Commission shall uphold and adhere to the terms of the Constitution of Wilton Rancheria and of this chapter.
e. Attend all meetings in person, virtually or by telephone.
i. Two (2) consecutive unexcused absences from duly called Election Commission meetings shall result in an automatic vote on whether the Election Commission should recommend to the Tribal Council to remove the member of the Election Commission.
ii. Even if the Election Commission recommends removal, the Tribal Council retains the authority to determine whether or not to proceed with removal proceedings against the Election Commission member if good cause for his or her absences can be established.
f. The Election Commission shall give verbal or written reports of Election Commission meetings at the request of the Tribal Council.
g. Any member of the Election Commission shall abstain from voting during the portion of the Election Commission meeting pertaining to an immediate family member’s interest if an immediate family member is running for office.
3. Improper Conduct by the Election Commission.
a. The Election Commission shall strictly adhere to the duties and obligations set forth above.
b. The Election Commission Spokesperson shall report to the Tribal Council any and all acts and circumstances which come to the attention of the Spokesperson regarding the conduct of Election Commission members that, on the Spokesperson’s judgment, may be reasonably construed as a violation of this chapter, whether or not the Spokesperson recommends removal of the Election Commission member.
c. If the Election Commission finds that a member of the Election Commission has violated any provision of this chapter or that an Election Commission member has engaged in any activity which constitutes good cause for removal, the Election Commission may recommend in writing to the Tribal Council that the Election Commission member in question be removed.
d. The Tribal Council may remove a member of the Election Commission for good cause. Any Election Commission member subject to removal shall be informed of the charges in writing at least ten (10) calendar days before the Tribal Council meeting to consider the charges and shall be given an opportunity to respond to the charges. (Res. 2021-54; Res. 2020-14; Res. 2015-24; Res. 2014-41; Res. 2013-60; Res. 2013-57)