Gwa'sala-'Nakwaxda'xw Band Election Regulations Copied and reformatted from original document by Jessie Hemphill, May 20, 2011
ELECTION OF CHIEF AND COUNCIL The Gwa'sala-'Nakwaxda'xw Band is under Custom for the election of Chief and Council. The regulation following is the revised edition and is subject to the approval of Council and then the general membership of the Band.
GWA'SALA-'NAKWAXDA'XW BAND ELECTION REGULATIONS 1. Council shall consist of; a. One Chief b. Seven Councillors 2. All Band members who have attained the age of majority under these regulations shall be eligible to vote in the election, and must vote in person at the designated polling station. Except for those in hospital or in confinement, may vote, in a sealed envelope and must be opened at the time of all of counting. 3. The Chief and Councillors shall be elected by the majority of votes cast by the electors of the Band. 4. The electors shall consist of all Band members who have reached the age of nineteen (19) 5. Any elector who has reached the age of Twenty-one (21) shall be eligible to be nominated for the position of Chief. 6. Any elector who has reached the age of nineteen (19) shall be eligible to be nominated for the position of Councillor. 7. No person may be a candidate for election as Chief or Councillor unless it is moved and seconded by persons who themselves are eligible to vote. 8. _ a. The nomination of Chief and Council shall take place at a location determined by Council, nominations to be made in the presence of the electoral officer. b. That 48 hours after nominations there may be an all candidate’s night. Page 1 of 3
Gwa'sala-'Nakwaxda'xw Band Election Regulations Copied and reformatted from original document by Jessie Hemphill, May 20, 2011
c. The nominees for Chief or Councillor positions must give their consent to let their stand in the event the nominees will be absent from the nomination meeting. d. The candidates for Chief or Councillors must be resident on the Tsulquate Reserve. e. The candidates for Chief or Councillors postions must not have an indicatable criminal offence against them. 9. The nomination and election shall be conducted by an electoral officer who is not a Band Member. This officer shall be appointed by the Council. 10. An advance poll shall be held at a place designated by Council 7 days prior to set election date. 11. The poll will be open from 8:00 a.m. to 8 p.m. at the Band Office. 12. – a. If it is necessary to break a tie, a new poll shall be run off, for only those candidates who are tied. b. An appeal can be made within seven (7) days by a Band Member who feels that these regulations are not followed. The appeal shall be made to the Electoral Officer in writing and duly signed, stating the reasons why the appeal is being made. c. Terms of office for Chief and Councillors shall be two (2) years and the Council’s terms shall be staggered to allowed for continuity. 13. If within one month after an election any candidate at an election or an elector who gave or tendered his vote at an election, who has reasonable grounds for believing that the election was not conducted in accordance with these regulations, may file particulars thereof with a board of appeal stating specifically each of the grounds of objection to the validity of the election. The board of appeal shall be appointed by the Council prior to an election, shall consist of three members who are not members of the Band. The decision of the appeal board will be final. 14. The voting shall be done by secret ballot. 15. The Electoral officer shall count the ballots in the presence of at least five (5) electors. Page 2 of 3
Gwa'sala-'Nakwaxda'xw Band Election Regulations Copied and reformatted from original document by Jessie Hemphill, May 20, 2011
16. The results of the election must be posted by the electoral officer on the reserve and in the same location as the election notices were posted and the Department of Indian Affairs notified immediately of the results. 17. The nominees for positions of Chief and Councillors, should they wish to decline, shall do so by signing an appropriate form at least 48 hours before the opening of the poll at the Band Office. 18. Sections and regulations of the Indian Act relating to Band Council Election shall be in effect except where they may conflict with these Gwa'sala'Nakwaxda'xw Band Election Regulations. 19. That an election may only be postponed with a two-third (2/3) majority of members present at a General Meeting in accordance with Section 20. 20. The Band Council may call a special election if in their opinion that: a. The community members no longer has confidence in them; b. They feel that they no longer carrying out their duties effectively; c. The animosity to them or their families are jeopardizing their physical, mental or spiritual well-being. 21. The General Membership may at a duly convened General Meeting call for a special election if: a. Seventy-five (75%) percent of the eligible voters vote in favour of calling an election; b. They are reasonable certain that there is gross mismanagement of funds; and c. They feel that the Council’s behaviour, attitude or conduct is not condusive to good Indian Government.
Page 3 of 3