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PPM 12-006-1 Election Procedures for Board of Trustees and District Boards (Procedure) on www.olc.edu

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                                                                                 12-006-1  
                                                               2/24/82, 9/21/83, 07-29-12
  

           ELECTION PROCEDURES FOR BOARD OF TRUSTEES AND DISTRICT BOARDS 
                                           (PROCEDURES)

ELECTION COMMITTEE   

The President shall recommend the appointment of the Election Committee to the Board 
of Trustees to conduct the elections in accordance with established policy (OLC Charter 
and By-Laws).  This appointment needs the approval of the Board of Trustees.  The 
Committee shall be composed of three (3) staff members. A secretary will be provided to 
the Election Committee through an extra duty contract.  The Committee shall serve for 
the duration of the election until the results are accepted and approved by the Board of 
Trustees.  With the permission of the College President, the committee is authorized to 
obtain the assistance of the College Attorney to render technical advice on the conduct of 
the Election.

 DUTIES AND RESPONSIBILITY OF THE ELECTION COMMITTEE 

The following shall be duties and responsibilities to govern the Election Committee.  

Strict adherence to the provisions of the Election Procedures, Charter and By-Laws and 
other applicable policy of the Oglala Lakota College.

No bias on any actions taken.

No campaigning in any form whatsoever for any candidate for office.

Bribery is prohibited.

Improper conduct by a Committee or other staff involved in the elections   shall be cause 
for removal from the election process 

The Committee shall have its headquarters at the Administration Building at Piya 
Wiconi during normal working hours and such other hours as may be deemed necessary 
to conduct the elections.

The Committee shall keep accurate and complete records (minutes, etc.) of all 
proceedings of the election process.  Upon completion of the election process, a final 
report shall be delivered to the Board of Trustees and to the College President, to 
Committee members, and a copy will be kept with election committee files.  

 ELIGIBLE CANDIDATE, VOTERS, AND LIST THEREOF

All members of the Tribe (as defined in Article II of the Tribal Constitution, as 
amended), 18 years of age or over at the time of the general election of the Oglala Sioux 
Tribe, who have resided on the Reservation for a period of one year immediately prior to 
the date of the general election, shall have the right to vote.  Each voter shall be required 
to vote in the election district in which his or her permanent residence is located.  

No person shall run for Board of Trustees and/or District Boards who shall be less than 
25 years of age on the date of the General Election and who shall not be otherwise 
qualified to vote in said election.  All candidates for Board of Trustees and/or District 
Boards shall have physically resided in said district for at least one year prior to the 
General Election, and this must have been verified through the current or last OST Tribal 
general election voters list. If the candidate is not listed on the current or last OST general 
election voters list, the candidate must obtain certification that they reside in the District 
that they want to run in from the OST Tribal Election Board or from the District Council 
in which they are claiming district residence. 

Not less than fifteen (15) calendar days before the General Election of the Oglala Sioux 
Tribe, the Committee shall request and receive a final and complete list of eligible voters 
from the OST Election Committee and will ensure that each OLC election judge 
appointed to the district wherein that precinct lies has a copy.    

Any eligible voter, whose name does not appear on the official voting list, may qualify to 
vote by signing a proper statement of eligibility supported by the signature attesting to the 
facts set forth therein.  The ballots of any persons not on the official voting list shall be 
placed in sealed envelopes identifying them as such.  These sealed envelopes shall remain 
segregated in order that any challenges to the eligibility of such voters may be dealt with, 
and they shall be opened and counted only after the eligibility of the voters has been 
determined and after the votes have been co-mingled so as to preserve the secrecy of the 
ballots.   

NOMINATING PETITIONS

The names of candidates for Board of Trustees and/or District Boards shall be placed on 
the election ballot by the Election Committee upon the submission of a petition signed by 
at least twenty-five (25) eligible voters of the appropriate district, and it must signed by 
the candidate certifying that he (she) personally requested the petition. All signatures on 
petition submitted by candidate must be original signatures.  

No candidate may file for more than one board member position.

All COMPLETE nominating petitions must be delivered personally by the candidate to 
the President’s Office at Piya Wiconi no later than 4:00 PM (MST) on the twenty-fifth 
(25th) working day prior to the general election.  (A complete nominating petition must 
be accompanied by a certified Oglala Sioux Tribe enrollment certificate, a money order 
for the background check, and a signed authorization and release form.)  If this day falls 
on a holiday, the closest working day will be used as the deadline. No petitions will be 
accepted thereafter.  

The committee will review and certify the validity of each nominating petition at least ten 
(10) working days prior to the General Election.   Prior to or on the date of such 
certification, any eligible voter may, by sworn statement, challenge any such nominating 
petition either as to the authenticity of any signature thereon or the eligibility of any voter 
listed therein or of the candidate whose petition is submitted. 

 BACKGROUND CHECKS

All candidates who have submitted valid petitions will be required to have a background 
check done by the Oglala Lakota College Personnel Office.  

RESIDENCY

All board members, once officially seated, must live in the district from which they were 
elected during their tenure as a board member. Any elected member may also be removed 
for failure or inability to maintain the physical residency requirement for the district 
he/she represents as provided for in the Oglala Sioux Tribal Constitution under Articles 
VII – Elections.

ELECTION DATES

To insure maximum voter participation, Board of Trustee and District Board elections 
will be held in conjunction with the General Election of the Oglala Sioux Tribe.

BALLOTS

The Election Committee shall prepare and supervise the printing and distribution of 
election ballots.  A record shall be kept by the Committee of the number of all such 
official ballots so printed and all official ballots shall be accounted for by the Committee 
in its report of the election results.  The election ballot shall contain the names of 
candidates as provided above.

POLLING PLACES

The Election Committee shall designate polling places within each election district on the 
Pine Ridge Reservation and shall appoint and supervise a judge and teller for each such 
polling place. Judges and tellers shall be eligible voters who are staff members of the 
College and will not be from the districts to which they are assigned nor related to any of 
the candidates.  Not less than five (5) working days prior to election day, the Committee 
shall post sample ballots at the following locations:

*	Administrative  Building at Piya Wiconi, 
*	each District College Center, 
*	each District CAP Office, and 
*	each District Post Office.

BALLOT BOXES

The Election Committee shall insure that ballot boxes are located at each polling place.  
Each ballot box shall be locked and sealed, and the Committee shall establish appropriate 
safeguards to insure control over and security for all ballot boxes.  Immediately following 
the closing of the polls on Election Day, the judge and teller of each polling place shall 
account for unused ballots entrusted to them, and shall then personally deliver all ballot 
boxes in their charge to the Election Committee at the Administration Building at Piya 
Wiconi.   

VOTING

Voting shall be by secret ballot.  Polling places shall be open during the same hours as 
established for the Tribal General Election.  The Election Committee will insure strict 
adherence to all established timelines.

ELECTION RESULTS

The Election Committee, judges, and tellers shall count the election ballots for each 
candidate, and the Committee shall certify the results of the election.  

The Committee shall submit a formal signed letter of certification to the President and the 
Board of Trustees.

RUN-OFF

In the case of a tie, a run-off election will be held in that district(s) within 30 days of 
official results being posted.

CONTEST OF UNOFFICIAL ELECTION RESULTS

A contest of election may be brought by filing with the Election Committee a complaint 
duly verified under oath (notarization), setting forth a concise statement of the facts on 
which the contest is based.  No complaint shall be considered unless it is filed within 
three (3) working days after posting of the unofficial election results.  The Election 
Committee will consider each contest or challenge and report its findings of fact and 
conclusions of law no later than the five (5) working days from the filing of the notarized 
complaint. All challenges and contests will be decided by the Election Committee in 
Summary judgment fashion (i.e., with verified complaint, affidavits, and record before 
the Election Committee. If the Election Committee decides that no additional evidence is 
necessary for a determination of the appeal it shall promptly issue a decision. If the 
Election Committee decides that additional evidence or arguments are necessary, it shall 
promptly notify the parties (i.e., both the challenging party and challenged candidate or 
voter) by any means possible including verbal notification, of the date and time of the 
hearings and for submitting additional arguments or evidence. All final decisions of the 
Election Committee must be made within five (5) working days from the date the 
complaint is filed with the Election Committee.  

BUDGET

The budget covering reasonable expenses associated with the elections will be prepared 
by the Election Committee and submitted to the Board of Trustees for approval. A work 
schedule detailing duties and responsibilities will be prepared and distributed to the 
appropriate personnel by the Election Committee.

ELECTION DISTRICT

As used herein the term "election district" means the district which at any time is entitled 
to elect one or more members of the Board of Trustees and/or District Boards under the 
Charter and By-Laws of said Boards as at the time in effect, or as may have been 
amended.
 
WRITE-IN VOTES

Write-in votes are prohibited and shall not be counted.

ABSENTEE BALLOTS

No absentee ballots shall be sent to or used by Tribal members residing off the 
Reservation.  However, within the confines of the Reservation, any eligible voter who is 
unavoidably unable to appear in person at a polling place on election day may cast his 
vote by absentee ballot provided, however, that (1) he (she) has requested such ballot no 
less than two working days prior to the election day; and (2) his (her) ballot is received 
by the Committee in a sealed envelope (identifying it as an absentee ballot and the 
absentee voter by number).  Absentee ballots shall only be presented to persons who are 
qualified voters.  Any qualified voter may vote at any precinct within the Reservation 
under the appropriate oath of eligibility, by absentee ballot for the candidates in his (her) 
respective election district.  

DISSOLUTION OF THE ELECTION COMMITTEE

Upon acceptance of the Election Committee report by the Board of Trustees, the Election 
Committee is officially dissolved.


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