Draft: Gwa Gwa’sala-‘Nakwaxda’xw xw Council Custom Election Regulations June, 1996 Copied and reformatted from original document by Jessie Hemphill, May 20, 2011
DRAFT GWA'SALA GWA'SALA-'NAKWAXDA'XW COUNCIL CUSTOM ELECTION REGU REGULATIONS LATIONS (JUNE, 1996) Regulations concerning the election of the Gwa'sala-'Nakwaxda'xw 'Nakwaxda'xw Council.
1. SHORT TITLE 1.1. These regulations may be called the “Gwa'sala-'Nakwaxda'xw Council Custom Election Regulations”.
2. INTERPRETATION 2.1. In these regulations, a) “Band”” means the Gwa'sala-'Nakwaxda'xw Indian Band, b) “Band Councill Councillor”” means a member of the Band Council elected in accordance to these regulations, c) “Chief Councillor Councillor”” means the Chief Councillor who is a member of the Council elected in accordance to these regulations, d) “Council”” means the Gwa'sala-'Nakwaxda'xw Council, e) “Elector”” means all persons eighteen (18) years of age or older on the date of the election who have been accepted for membership under Gwa'sala-'Nakwaxda'xw 'Nakwaxda'xw Custom, f) “Ordinarily resident on reserve reserve”” means that the person maintains a household oon n the reserve and has lived there continuously for a period of at least three consecutive months, or can show intent to the satisfaction of Council that they have moved onto reserve permanently, g) “Scrutineer”” means a person appointed by a candidate to observe obs the election proceedings.
3. PURPOSE 3.1. The purposes of these regulations are a) To define the composition of the Council; and b) To define how the membership of the Band shall elect the Council.
4. AMENDMENTS 4.1. The membership of the Band may propose amendments to tthese hese regulations at any time. 4.2. (1) Proposed amendments should be submitted to the Council for their review and placed upon the agenda for a General Meeting. 4.2 (2) The amendments will be approved if:
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Draft: Gwa’sala-‘Nakwaxda’xw Council Custom Election Regulations June, 1996 Copied and reformatted from original document by Jessie Hemphill, May 20, 2011
a)
b)
A motion is made and passed at a duly convened General Membership Meeting where 50% of the eligible electors attend and at least 60% of those in attendance vote in favour of the amendments. A petition signed by 60% of the members.
5. COMPOSITION OF COUNCIL 5.1 The Gwa'sala-'Nakwaxda'xw Council consists of nine members including the Chief and eight other Councillors. 5.2 A quorum of Council shall be five members. 5.3 The Council will be elected on a staggered system in the following manner: a) The Chief Councillor and four Councillors, and; b) Four Councillors 5.4 (1) When the Chief Councillor and four Councillors are up for election the nominated members for the Council shall consist of the following: a) The Chief position shall be open to all members of the Band who are eligible for Office; b) Two Councillor positions shall be open to members of the Band who are of Gwa’sala ancestry approved by the Gwa’ala Elders’ Nomination Committee established under section 17 of these regulations; c) One Councillor position shall be open to members of the Band who are of original ‘Nakwaxda’xw ancestry approved by the ‘Nakwaxda’xw Elders Nomination Committee established under section 17 of these regulations. d) One Councillor position shall be open to all members of the Band who are eligible for office. 5.4 (2) Section 5.4 (1) (c) and (d) of these regulations shall come into force in accordance to the following manner: a) one of the existing Council positions, as at June, 1996, shall be deemed to be one of the Councillor positions designated under section 5.4 (1) (c) of these regulations; and b) During June, 1996 there will be a by-election at the same time as the regular election to fill the other Council position designated under section 5.4 (1) (c) of these regulations; and c) During the June, 1997 regular elections the two Council positions designated under section 5.4 (1) (c) and (d) of these regulations will take full effect. 5.5 (1) When the four Councillors are up for election the nominated members for the Council shall consist of the following: Page 2 of 14
Draft: Gwa’sala-‘Nakwaxda’xw Council Custom Election Regulations June, 1996 Copied and reformatted from original document by Jessie Hemphill, May 20, 2011
a) One Councillor position shall be open to members of the Band who are of Gwa’sala ancestry approved by the Gwa’sala Elders’ Nomination Committee established under section 17 of these regulations. b) Two Councillor positions shall be open to members of the Band who are of original ‘Nakwaxda’xw ancestry approved by the ‘Nakwaxda’xw Elders’ Nomination Committee established under section 17 of these regulations. c) One Councillor position shall be open to all members of the Band who are eligible for office. 5.5 (2) Section 5.5 (1) of these regulations shall come into force during the June, 1996 elections. 5.6 During the June, 1996 elections the person nominated for either the Council positions designated under sections 5.4 (2) (b) and 5.5 (1) (b) who has the least amount of votes amongst the three candidates will assume the Council position designated under section 5.4 (2) (b). 5.7 The number of Councillors may be amended under section 4.0
6. TERMS OF OFFICE 6.1 (1) The term of newly elected Councillors begins on the day that they are publicly sworn in which will be on or around July 1st of each year.
6.1 (2) The term is for two years but may continue for an additional fourteen (14) days depending upon actual swearing in dates.
6.1 (3) During the transition period between the election and the swearing in ceremony, the newly elected Councillors should attend meetings with the other Councillors and discuss issues of concern.
6.2 The terms are staggered so that the Chief Councillor and four Councillors are elected one year and four Councillors are elected the next year.
7. ELIGIBILITY FOR OFFICE 7.1 To hold the position of Chief as person must be an elector who is: a) 21 years of age or older on the day of the election, and: b) “ordinarily resident on the Tsulquate reserve”
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7.2 To hold the position of Councillor a person must be an eligible elector who is “ordinarily resident on the Tsulquate reserve”.
8. COUNCIL VACANCIES 8.1 Council will declare a Chief or Councillor position vacant when that person who holds office: a) resigns; or b) ceases to be eligible as per Section 19; or c) becomes mentally ill or incapacitated to the point where they cannot perform the required duties for a period of more than three (3) months; or d) fails to make the prescribed declaration in the swearing in ceremony under section 13; or e) misses six (6) consecutive scheduled meetings of the Gwa'sala-'Nakwaxda'xw Council without just cause; or f) dies.
8.2 (1) Under all conditions except 8.1 (f) the Chief or Councillor will be advised in writing that they have been removed from Council and that they have 14 days from the date of notification to appeal the decision.
8.2 (2) Should the Chief or Councillor not be located, their removal from Council will be published in the “Yo News” and they will be deemed to have been notified on the day of publication.
8.3 (1) Should a Chief or Councillor wish to appeal the decision they must advise Council in writing and their appeal will be heard by the Appeal Board set up under Section 30
8.3 (2) Should the Appeal Board no longer be functional a new Appeal Board will be appointed under the same conditions as Section 30 allows.
9. MEMBERSHIP CALL FOR AN ELECTION Where allegations of mismanagement of funds or other concerns exist, members may call for the removal of one or more Councillors by either:
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a) A motion made and passed at a duly convened General Membership Meeting where 50% of the eligible voters attend and at least 75% of those in attendance vote in favour of the Special Election. b) A petition signed by 75% of the members who are eligible voters.
10.
COUNCIL CALL FOR AN ELECTION 10.1 Council may call for a by-election where: a) They feel that the community members no longer have confidence in them. b) They feel that they can no longer carry out their duties effectively. c) The animosity to them or their families is jeopardising their physical, emotional or spiritual well being.
10.2 The by-election will be carried out to fulfill the remaining time left for each Council position’s term in office.
11.
BY-ELECTION 11.1 (1) A By-Election will be held to fill vacancies on Council within 60 days of the position becoming vacant, except where there is less that four months on the term.
11.1 (2) Where a quorum is lost, the By-election must be held as soon as possible regardless of length of time left on the term.
11.2 The terms of the positions shall remain unchanged with persons being elected to serve for the balance of the term.
11.3 Where a By-election is called for two or more positions with different terms, the candidate with the most votes shall take the longer term.
11.4
12.
Procedures for a By-election shall be the same as with a regular election.
TIMING OF ELECTIONS 12.1 Elections will be held in the month of June of each year as determined by Council
12.2 In addition to determining the date for the election, Council will determine locations for the nominations and the location of the polling station. Page 5 of 14
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13.
SWEARING IN CEREMONY 13.1(1) The swearing in ceremony, as much as possible, will be held within fourteen days of the election before July 1st of each year.
13.1 (2) It will be open to any members who wish to attend.
13.2
14.
The swearing in ceremony shall apply only to the regular elections of the Council.
ELECTORAL OFFICER 14.1 (1) For each and every election, the Council will appoint an Electoral Officer who is not an elector nor has any personal stake in the results of the election.
14.1 (2) With Council, the Electoral Officer may appoint a Deputy Electoral Officer to assist with the process.
14.2 (1) The Electoral Officer will normally be appointed by May 31st of each year or an alternate date for regular elections and two weeks in advance for a By-election.
14.2 (2) Notice of the appointment of the Electoral Officer and deputy Electoral Officer shall be posted at Administration Office and in the “Yo News”.
14.2 (3) The dates for the Nomination Meeting, Advanced Poll, and Election may also be included in this notice.
14.3 Should any member of the Gwa'sala-'Nakwaxda'xw have reason to believe that the Electoral Officer or the Deputy Electoral Officer be unqualified by reasons of bias or conflict of interest they should state their objection immediately after hearing of the appointment so that their concerns may be addressed and the Council may consider making an alternative appointment.
15.
NOTICE OF ELECTION 15.1 The Electoral Officer will post and distribute to community members a notice of persons nominated and a reminder of the date for the Advanced Poll and Election.
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15.2 The Advanced Poll will take place no sooner than one week after the nominations and the Election will take place no sooner than one week after the Advanced Poll.
16.
NOMINATIONS 16.1 (1) Notices of the nominations will be posted and delivered to community members at least one week in advance. 16.1 (2) The notices must identify the date, time and place for making nominations. 16.1 (3) The notices may also remind members of the date for the Advanced Poll and Election. 16.2 On the date of nominations the Electoral Officer or the Deputy Electoral Officer will be available between 8:00 am and 6:00 pm. 16.3 To be nominated a person must be eligible under Section 5 and be nominated and seconded by electors who qualify under Section 4 of these regulations. 16.4 (1) Nominees must accept their nomination in writing 24 prior to the opening of the advance poll. 16.4 (2) Those who fail to accept their nomination in writing will be deemed to have not accepted nomination and their names will not appear on the ballot. 16.5 (1) Candidates who are nominated for both Chief and Councillor may run for both positions. 16.5 (2) If elected for both Chief and Council, the candidate will be declared elected as Chief with the vacant Councillor positions going to the candidates with the most votes. 16.6 Should a nominee for Chief be currently on Council and their term not be up for the current election, they must resign as Councillor so that their position may be filled in the current election. 16.7 Electors may also come in on the nomination day to receive a copy of the voters list, a copy of these regulations, and a list of members of the Appeal Board.
17.
NOMINATION COMMITTEE 17.1 (1) To carry out the provisions of sections 5.4 (1) (b), (c) and 5.5 (1) (a) and (b) of these regulations the Council shall establish two nomination committees, including: Page 7 of 14
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a) Three persons of original Gwa’ala ancestry to form the Gwa’sala Elders’ Nomination Committee. b) Three persons of original ‘Nakwaxda’xw ancestry to form the ‘Nakwaxda’xw Elders’ Nomination Committee.
17.1 (2) The two nomination committees shall each advise the Electoral Officer in a prescribed form those members of the Band eligible to be nominated for the designated Councillor positions as established under section 5 of these regulations.
17.1 (3) The Nomination Committee shall carry out the provisions of section 5 of these regulations in accordance to the following process: a) The Electoral Officer shall convene a meeting with the two nomination committees within two working days after the nominations for the upcoming election have closed and provide a list of all the nominees for their review and consideration; b) The two nomination committees shall confirm the nominees for the designated Councillor positions under sections 5 of these regulations; c) The Electoral Officer, no later than one working day before the final nomination list is made public, shall contact the persons nominated under section 5 of these regulations and obtain their consent to the nomination for the designated Councillor positions.
18.
ELECTION BY ACCLAMATION 18.1 Should the number of persons nominated be less than or equal to the number of seats available, the Electoral Officer shall declare those persons elected.
18.2
19.
In the event that seats remain vacant another nomination meeting will be held.
ELIGIBLE ELECTORS 19.1 (1) To be eligible to vote a person, who is at least 18 years of age or older on the day of the election, must be registered as a member of the Band on the Indian Register with the Department of Indian and Northern Affairs Canada or be in the process of being registered.
19.1 (2) “In the process” will mean accepted at a general membership meeting and having a current application to be registered on file which is expected to be processed within a reasonable length of time. Page 8 of 14
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20.
VOTER’S LIST 20.1 (1) The Electoral Officer shall obtain a voters list from the Gwa'sala'Nakwaxda'xw membership clerk.
20.1 (2) The list shall be in alphabetical order and contain the full name and alias (if known) of all the eligible electors.
20.2 The voters list will be posted so that eligible electors may ensure that their names are on the list.
21.
ALL CANDIDATE’S NIGHT 21.1 Council may call an all candidates night within 48 hours of the close of nominations.
21.2 Should an all candidates night be called the nominated candidates participation will be at their own option and not mandatory.
22.
DISTRIBUTION OF WRITTEN MATERIAL 22.1 No person shall distribute politically motivated written material within the last 48 hours of the election.
22.2 If a person contravenes section 22 of these regulations and any of the electorate requests the matter be dealt with, then, the Council shall immediately arrange an investigation into the matter, and; a) Provide a detailed report to the membership through the Yo News on how the matter will be resolved. b) Refer the matter to the Appeal Board if it is deemed as extremely serious and has negatively affected any of the candidates for Council.
22.3 If the Appeal Board decides that there may need to be a re-election of either one or more of the Council positions as a result of the enforcement of section 22 of these regulations, then the Council and Gwa'sala-'Nakwaxda'xw Elders Council within 60 days will review the matter and determine a penalty for the person or persons who caused this to happen.
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23.
PREPARING FOR VOTING 23.1 All voting shall be by secret ballot.
23.2 The Electoral Officer shall prepare separate ballots for the position of Chief and the positions of Councillors as applicable.
23.3 The Electoral Officer shall have a locked ballot box and shall maintain control over it at all times.
23.4 Instructions on voting shall be posted and orally provided to all parties who come to the Polling station.
23.5 Polling places shall be set up to ensure privacy for the voters so that they may make their selection without interference.
23.6 The Electoral Officer will allow witnesses to view the ballot box prior to voting so that they may see that it is empty and the box may be sealed with tape containing signatures of witnesses.
24.
VOTING 24.1 Voting will take place from 8:00 am to 6:00 pm for an advanced poll and from 8:00 am to 8:00 pm on the day of the election.
24.2 Persons wishing to vote will be issued a ballot after they: a) Identify themselves at the door. b) Be prepared to show picture identification upon request. c) Place their initial beside their name on the voters list.
24.3 An elector who leaves the Polling place with their ballot forfeits the right to vote.
24.5 People who require help in voting may receive assistance from the Electoral Officer, the Deputy Electoral Officer or a person of their choice who is acceptable to the Electoral Officer, or in his absence, the Deputy Officer.
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24.6 At precisely 8:00 pm, the entrance to the Poll will be closed off and those remaining within the Polling place will be allowed to vote.
25.
VOTE INTEGRITY 25.1 No loitering shall be allowed in the Polling station.
25.2 Scrutineers may be allowed in the Polling station so long as they do not interfere with individuals rights to vote in privacy.
25.3 No campaigning or advertising shall be allowed either verbally or in writing within the polling station.
26.
ABSENTEE BALLOTS 26.1 Electors who are ordinarily resident on reserve (as defined within the regulations) may be allowed to vote by absentee ballot where they are temporarily away from home for legitimate reasons.
26.2 The member must apply for their ballot at least two weeks in advance and give reasons why they will not be able to vote at the Advanced Poll or the Election.
26.3 (1) The ballot may be mailed to the elector or delivered to them.
26.3 (2) The elector will: fill out their ballot, place it in a sealed envelope, initial the reverse of the envelope, and return it to the Electoral Officer by mail or through the same person who delivered the ballot to them.
26.3 (3) Where a ballot is being delivered to an absentee elector the person charged with the responsibility will be the Electoral Officer, Deputy Electoral Officer or person(s) acceptable to Council.
26.4 Legitimate reasons in 26.1 will include: being in hospital or confinement, working in a camp, commercial fishing away from the North Vancouver Island region, and a severe physical disability.
27.
COUNTING BALLOTS 27.1 (1) At the close of the polling station, the Electoral Officer shall commence the ballot counting procedure.
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27.1 (2) The Electoral Officer shall have at least five electors as witnesses and use a tally sheet held by the Deputy Electoral Officer.
27.2 The Electoral Officer shall open the ballot box and examine each ballot and reject those ballots that: a) Are not initialed by the Electoral Officer or the Deputy Electoral Officer, or; b) Select more than the number of candidates that are required, or; c) Identifies the elector, or; d) Is not clearly marked. Either an “X” or a check mark will be acceptable.
27.3 Ballots that contain less than the total number of positions to be filled will be accepted.
27.4 Where a ballot for a Council position is received and one or more of the “X”s or check marks is placed in such a position that it is unclear as to who the person is voting for, the Electoral Officer may accept the other votes provided that the Electoral Officer is reasonably sure that it is a mistake and not an attempt by the voter to identify oneself.
27.5 The count may be verified by a recount where deemed necessary by the Electoral Officer.
27.6 The Electoral Officer will declare the candidates with the most votes elected.
27.7 (1) Where there is a vacant position with one year left on the term being filled, the last Candidate to be elected will be elected to the one year position.
27.7 (2) In the event of a last place tie, the Electoral Officer will vote using a “flip of a coin” to decide who has filled the one year term position and who has filled the two year position.
27.8 The Electoral Officer will issue the results of the election within 24 hours of the closing of the poll.
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27.9
28.
In the event of a tie for the last place on Council, a “Special Poll” will be held.
SPECIAL POLL 28.1 In the event of a tie a “Special Poll” will be held within two weeks of the election.
28.2 The nominees will be the nominees who were tied in the Election and the voters list will be unchanged.
28.3 Should a second tie occur the Electoral Officer will vote using a “Flip of a coin” to determine who is declared elected.
29.
DISPOSAL OF ELECTION MATERIALS The Electoral Officer will place all of the ballots, the tally sheet, the voters list, and all other relevant documentation in a secure place to be stored for a period of one year.
30.
APPEAL BOARD 30.1 (1) For the purpose of resolving election appeals Council will appoint three (3) persons to the Appeal Board for a term of one year commencing on the election day.
30.1 (2) The appointments for the Appeal Board shall be made at the same time that the Electoral Officer is appointed.
30.2 The Appeal Board shall not: a) Be members of the Gwa'sala-'Nakwaxda'xw b) Be employees of the Gwa'sala-'Nakwaxda'xw c) Have a vested interest in the outcome of the election.
30.3 Notice of the appointment of the Appeal Board shall be posted at the Administration Office and in the “Yo News”.
30.4 Should any member of the Gwa'sala-'Nakwaxda'xw have reason to believe that a member of the Appeal Board be unqualified by reasons of bias or conflict of interest they should state their objection immediately after hearing of the
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appointment so that their concerns may be addressed and Council may consider making an alternative appointment.
31.
APPEAL PROCEDURE 31.1 An appeal can be made within thirty (30) days by an elector who feels that these regulations are not followed.
31.2 The appeal shall be made to the Electoral Officer in writing and duly signed, stating the reason why the appeal is being made.
31.3 The Electoral Officer will provide a copy of the Appeal to Council and the Appeal Board.
31.4 The Appeal Board will: meet with the Electoral Officer, gather evidence through testimony and affadavits, and make a decision as to whether to call a Byelection, call a General Election, or uphold the results of the election.
31.5 The decision of the Appeal Board will be made within 45 days of receiving the Appeal and be binding upon all parties.
32.
RATIFICATION 32. These Custom Election Regulations will be confirmed to be ratified by Council through a Band Council Resolution subject to the following terms and conditions: a) The joint meeting of the Elders’ Council and Council have approved the draft and recommend it for approval by General Membership meeting, and; b) The General Membership meeting approves the draft and recommends that the Council confirm a final version of these regulations.
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