Draft Election Law Wip Sept 20 2010

8/8/2019 Draft Election Law Wip Sept 20 2010

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[Draft Work in Progress September 20, 2010]


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Revised September 20, 2010 Page 2 of 37

TABLE OF CONTENTS

Quwutsun Declaration 5

Part 1 Title 7

Part 2 Interpretation 7

Part 3 Cowichan Tribes Council 9

Composition and Size 9Meetings 9Term of Office 10Election of Term of Chief 10Vacancy 10

Part 4 Pre-nomination Procedure 11

Appointment of an electoral officer 11Oath of Office 11Responsibilities and Ethics 11Voters List 11Appointment of Deputies and Interpreters 14

Part 5 Nomination Procedure 14

Eligibility of Nominate 15Nomination Meeting 15Duration 16Maintaining Order and Security 16Nomination Procedure 16

Part 6 Candidacy 17

Withdrawal 17


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Part 7 Pre Election Procedure 17

Acclamation 17Ballots 18Notice of Election 18Mail In Ballots 18Equipment for Elections 20Polling Stations 21

Part 8 Election Procedure 21

Polling Hours 21Candidates Agent 21Verification of the Ballot Box 21Secrecy and Security 21Voting Procedure 22Voting Irregularities 22Closing of the Polls 23

Part 9 Voting, Counting and Reporting 23

Opening Mail in Ballots 23Counting the Ballots 24Recounts 24

Part 10 Post Election Procedures 25

Announcement 25Retention of Ballots and Other Election Material 26Chief and Councilor Oath of Office 26

Part 11 Complaint and Appeal Process 26

Functions 26Composition 26

Part 12 Procedure for Removal 27


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Part 13 Election Appeal Procedure 29

Timing 29Grounds for Appeals 29Submission 29Procedure 29Response to the Allegations 30Investigation 30Decision 30

Part 14 Amendments 34

Part 15 General 37

Schedules


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QUWUTSUN DECLARATION

Lhimulth Quwutsun mustimuhw

- tthu syuth-tst, syuwentst, nilh Xeels,

Niyuxtsestum tthu Quwutsun u tthu stlulnups.

Ò nilh tsu tthu Quwustsun musimuhw ò xets ò

stsewul-us kws hakwushus tthu stlulnups

Tun ni ù tthu syuth-tst nilh tthu syuwanuma-`tst,huwuna wutluts i utuna tumuhwst.

Ni yu kwuneemstum, ù tthu snuwuyulh, ì tthu tthuxwten

hakwushus tse, kwus ts kwys tse ù ttho yath

Mukwstem, Ì ni ù tuna tumuhw, qa, ò hulitun `tst

Ò nilh tthu Quwutsun mustimuhw, ni lemuxutunstumù tthu ni snuwuntewut ù tthu xeels.


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We, through our leaders, are the ones who will make informeddecisions on how to use and manage the territory.

The environment (land, air, water, and spirituality) from theearth is what sustains our life.

As Cowichans we are given the responsibility to look afterwhat we have been given from the creator.

As Cowichans we enjoy inherent rights that still exist today.

All Cowichan persons are important and respected.

We all together are one strong Cowichan community.


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[Whereas Section to link this Election Law to the Constitution and the inherent

right to self government; and also make mention that a youth and elders advisory

committees to be incorporated into the Election Law at a later date.]i

NOW THEREFORE, the members of the Cowichan Tribes hereby adopt the followingElection Law.

Part 1 TITLE

1.1This law shall be cited as the Cowichan Tribes Election Law.(the Election Law).

Part 2 INTERPRETATIONS

In this Election Law:

2.1 ballot means a document in use to determine an electors selection(s) for the chief orcouncillor(s) of the Cowichan Tribes Council.

2.2 by-election means a special election to fill the office of chief if such office becomesvacant in accordance with this Election Law.

2.3 candidate means a nominee who has submitted to the electoral officer within the timelinesrequired by this Election Law:

(a) the requisite notice(s) of acceptance of nomination(s); and(b)the requisite declaration confirming his or her eligibility to be a candidate.


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2.4 chief means the Cowichan Tribes citizen elected pursuant to this Election Law to theoffice of chief, who is to act as the primary spokesperson and paramount political leader ofthe Cowichan Tribes Council, and who has complied with Section 10.6 of this Election Law.

2.5 Complaints and Appeal Board means the body appointed in accordance with Part 11 ofthis Election Law to review and make decisions concerning petitions for removal from office

under Part 12 and election appeals under Part 13.

2.6 councilor means a Cowichan Tribes citizen elected pursuant to this Election Law to theoffice of councilor, and who has complied with Section 10.6 of this Election Law.

2.7 Cowichan Tribes citizen means any person who is or is entitled to be registered as amember of Cowichan Tribes.

2.8 Cowichan Tribes Council mean those candidates elected to the office of chief orcouncilor pursuant to an election held in accordance with this Election Law.

2.9 criminal offence means an indictable offence pursuant to the Criminal Code (Canada)R.S.C. 1985, c. C-46, as amended from time to time, for which a pardon has not been

obtained.

2.10 deputy electoral officer means any person appointed by the electoral officer for thepurposes of an election to assist him or her in the conduct of an election under this Election

Law as a deputy electoral officer.

2.11 election means a vote of the members of the Cowichan Tribes to elect the CowichanTribes Council, generally or in part, held pursuant to this Election Law.

2.12 elector means a person who is a Cowichan Tribes citizen and will be or is 18 years of ageor older on the date of the election.

2.13 electoral officer is the person appointed in accordance with section 4.1 or 4.2. of thisElectioon Law and who meets the criteria set out in section 4.3 of this Election Law.

2.14 mail-in ballot means a ballot mailed or delivered in accordance with Part 7 of this code

2.15 nominee means an elector who:

(a)has not been convicted of a criminal offence; and

(b)has been duly nominated to be a candidate pursuant to the provisions of this ElectionLaw.

1

1It has been a suggestion to insert and is not indebted to Cowichan Tribes


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2.16 nomination meeting means the meeting at which persons come forward to nominate andsecond candidates at the election.

2.17 polling station means a building, hall or room which is established by the electoralofficer as a site at which voting shall take place during an election under this Election Law.

2.18 rejected ballots means those ballots that have been improperly marked and/or defaced byan elector which are not included in the tally of valid ballots cast during the counting of the

votes.

2.19voter declaration form means a document that sets out, or provides for:

(a) the name of the elector;

(b)the Cowichan Tribes membership or registry number of the elector or, if the elector doesnot have a Cowichan Tribes membership or registry number, the date of birth of the

elector; and

(c) the name, address and telephone number of a witness to the signature of the elector.

2.20 voters list means a current listing of all eligible electors of the Cowichan Tribes.

Part 3 Cowichan Tribes Council

Composition and Size

3.1The Cowichan Tribes Council shall consist of one chief and 12 councilors elected pursuant tothis Election Law.

2

Meetings

3.2 The first meeting of the Cowichan Tribes Council shall be held not later than 30 days after its

election, on a day, hour and place to be stated in a notice given to each member of the

council, and meetings shall thereafter be held on such days and at such times as may benecessary for the business of the council or the affairs of the Cowichan Tribes.

3.3No member of the Cowichan Tribes Council may be absent from meetings of council forthree consecutive meetings without a valid reason.

2Has been some discussion to reduce the number to 8 argument being less cumbersome and

smaller number of councilors would free up resources that would enable councilors to devote

more time to council business.


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3.4The chief or quorum of the Cowichan Tribes Council may summon a special meeting of thecouncil.

3.5The secretary to the Cowichan Tribes Council shall in a timely manner notify each memberof the council of the day, hour and place of each meeting of the council.

Term of Office

3.6Subject to this Election Law, the term of office for every member of the Cowichan TribesCouncil is 3 years from the date of the general election in which the member was last elected.

3.7Subject to this Election law, the term of office for every member of the Cowichan TribesCouncil who fills a vacancy of office between general elections shall be the remainder of

time until the date of the next general election.

Election

3.8The next general election of the Cowichan Tribes Council shall take place on [choose day ofthe week] in December 2011.

3.9 Subject this Election Law, subsequent general election of the Cowichan Tribes Councilshall take place on the second [choose day of the week] in December every three (3) yearsbeginning in the year 2014.

Vacancy

3.10. A vacancy of office on the Cowichan Tribes Council shall result when the chief or a

councilor:ii

(a) dies;

(b) submits a written, signed and dated resignation to the Cowichan Tribes Council;

(c) has been unable to perform the functions of his or her office for more than six months

due to illness or other incapacity, such that the relevant chief or councilor has been absent

from any Cowichan Tribes Council meetings for more than six months;

(d) is removed from office in accordance with Part 12 of this Election Law; or

(e) for any other reason is unable to fulfill the terms of office.iii

3.10 If a vacancy of office of councilor occurs on the Cowichan Tribes Council, the vacancy

shall be filled by the next willing candidate who is still eligible to hold such office and who

received the highest number of votes among the unsuccessful candidates for councilor in the

election in which the person who is being replaced was elected.iv


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3.11 Unless otherwise decided by the Cowichan Tribes Council, where the office of chief

becomes vacant more than six (6) months before the date when the next general electionwould ordinarily be held a by-election shall be held in accordance with the general

procedures of this Election Law in order to fill that vacancy.

3.12 Any member of the Cowichan Tribes Council may be removed from office in accordance

with this Election Law if he or she violates his or her oath of office.

Part 4 Pre-nomination Procedure

Appointment of an Electoral Officer

4.1 The Cowichan Tribes Council shall appoint an electoral officer by resolution not less than X3

days before the expiration of the councils term of office.

4.2 If an electoral officer has not been appointed within the time set out in section 4.1, the

Cowichan Tribes general manager or acting general manager shall appoint an electoral

officer as soon as possible.

4.3The electoral officer must be a person who:

(a) is not a Cowichan Tribes citizen;

(b) has no vested interest in the outcome of the election;

(c) is at least 21 years of age; and

(d) has experience in the conduct of an election or has received appropriate training.

4.4 In the event that the electoral officer becomes unable to fulfill his duties, the Cowichan

Tribes Council shall appoint by resolution an existing deputy electoral officer to undertake

the duties of the electoral officer or, in the absence of an existing deputy electoral officer, the

council shall appoint a new electoral officer notwithstanding.

Oath of Office

4.5 At the onset of undertaking his or her duties, the electoral officer shall make oath to upholdthe office in accordance with s. 4.6 of this Election Law.

Responsibilities and Ethics

4.6 The electoral officer is responsible for managing and executing all pre-election, election and

post-election processes and procedures included in this Election Law. The electoral officer

must:

3INAC suggests not less than 100 days.


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4.12 A candidate for election as chief or councilor may obtain from the electoral officer a list of

the names of electors including the addresses of those electors who have consented to havetheir addresses disclosed to candidates.

4.13 At least X days5 before the day on which an election is to be held, the electoral officer shallprepare a voters list containing the names of all of the electors in alphabetical order.

4.14 The electoral officer shall post the voters list in a public area of the Cowichan Tribes main

administration building no later than X days6

prior to the date on which the election is to be

held.

4.15 On request, the electoral officer or any deputy electoral officer shall confirm whether thename of a person is on the voters list.

4.16 The electoral officer shall revise the voters list upon presentation of documentary evidencewhich demonstrates that:

(a) the name of an elector has been omitted from the voters list;

(b) the name of an elector is incorrectly set out in the voters list; or

(c) the name of a person not qualified to vote is included in the voters list.

4.17 A person, or an elector authorized in writing to act on his or her behalf, may, no later than 2

days prior to the date on which an election is to be held, demonstrate that the name of a

person has been wrongly omitted from or incorrectly set out in the voters list by presenting inwriting to the electoral officer evidence from the Registrar that the person:

(a) is a Cowichan Tribes citizen; and

(b)will be at least 18 years of age on the date on which the election is to be held.

4.18 A person, or an elector authorized in writing to act on his or her behalf, may demonstrate

that the name of a person not entitled to vote has been included in the voters list by

presenting in writing to the electoral officer, no later than 15 days prior to the date on which

an election is to be held, evidence that the person:

(a) is not a Cowichan Tribes citizen; or

(b)will not be at least 18 years of age on the date on which the election is to be held.

4.19 Where the electoral officer reasonably believes or has information that a person whose

name is on the voters list is not an elector, or where, in accordance with section 4.18, an

5INAC suggests 79 days, but this is not advisable. The number needs to be different than that in 4.7, so as to allow

time for preparation of the voters list.6

Ibid.


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elector demonstrates to the electoral officer that the name of a person not entitled to vote

appears on the voters list, the electoral officer shall give written notice to the person whoseeligibility is challenged at least 10 days prior to the date on which the election is to be held.

4.20 The notice given under section 4.19 shall include the reasons for seeking the removal of thename from the voters list and any supporting documents, and shall provide notice that a

written reply may be sent to the electoral officer, which must be delivered to the electoral

officer 2 days prior to the date on which the election is to be held.

4.21 After consideration of all information and representations relating to amendments of the

voters list, the electoral officer shall add or delete any name from the voters list based on

whether the named person is an elector.

4.22 The decision of the electoral officer is final and is not subject to appeal.

4.23 Notwithstanding Section 4.17, an elector whose name does not appear on the voters list

shall be entitled to vote prior to or on election day in accordance with this Election Lawprovided he or she presents documentary proof to the electoral officer or any deputy electoral

officer demonstrating to the officers satisfaction that the person is an elector.

Appointment of Deputies, Interpreters and Assistants

4.24 The electoral officer shall appoint one or more deputies, interpreters, and assistants, as he or

she deems necessary, each of whom shall work under his or her direction.

4.25 Every deputy electoral officer shall have such powers as described in this Election Law aswell as those powers of the electoral officer as delegated to the deputy by the electoral

officer.

4.26 A deputy electoral officer shall not be a member of council or a candidate in the election.

4.27 At the onsent of undertaking his or her duties, every deputy electoral officer, interpreter andassistant shall make oath to uphold the office in accordance with s. 4.6(a)-(g) of this Election

Law.

4.28 The electoral officer may make such orders and issue such instructions consistent with the

provisions of this Election Law as he or she may deem necessary for the effectiveadministration of the election.

Part 5 Nomination Procedure

Notices

5.1 The electoral officer shall, at least 30 days before the date on which the nomination meeting

is to be held, ensure that a notice of nomination meeting is conspicuously posted in:


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(a)by having a written nomination and a completed, signed and witnessed voter declarationform delivered to the electoral officer before the time set for the nomination meeting; or

(b)orally at the nomination meeting.

Nomination Meeting

5.7 The nomination meeting shall be held at least 42 days prior to the date on which the election

is to take place.

5.8 At the time and place set for the nomination meeting, the electoral officer shall declare thenomination meeting open for the purpose of receiving the nomination of candidates for the

available Cowichan Tribes Council positions.

5.9 The electoral officer is responsible for managing and conducting the nomination meeting.

5.10 Immediately following the opening of the nomination meeting, the electoral officer shall

read aloud all written nominations and secondments that have been received by mail or

delivered in accordance with subsection 5.6(a).

Duration

5.11 The nomination meeting shall remain open for at least 3 hours, and only to Cowichan Tribes

citizens, the electoral officer, and any deputies, interpreters, and assistants duly appointed by

the electoral officer.

Maintaining Order and Security

5.12 The electoral officer shall maintain order at all times during the nomination meeting and

may cause to be remove any person who, in his or her opinion, is disrupting or otherwise

interfering with the proceedings.

Nomination Procedure

5.13 Mailed nominations that are not received by the electoral officer before the time set for the

nomination meeting is void.

5.14 The electoral officer shall record the name of the candidate, the nominator and the seconder

and confirm same to those present at the meeting.

5.15 Where the same person receives two written nominations for the same office, the second

nomination shall constitute a secondment of the first nomination.

5.16 Any elector may nominate or second no more than one eligible person for the office of chiefand twelve (12) persons for the office of councilor.


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5.17 At the end of the nomination meeting, the electoral officer shall:

(a) if only one person has been nominated for election as chief, declare that person to be

elected by acclamation as chief of the Cowichan Tribes Council;

(b) if the number of persons nominated to serve as councilors does not exceed the number to

be elected, declare those persons to be elected by acclamation as councilors of the

Cowichan Tribes Council; and

(c) where more than the required number of persons is nominated for election as chief or

councilor, announce that an election will be held.

5.18 On the day following the nomination meeting, the electoral officer shall ensure a list of

nominees, their nominators and seconders, and the offices for which they are nominated, isconspicuously posted in:

(a)a public area of the Cowichan Tribes main administration building;

(b)on any website maintained by the Cowichan Tribes;

(c) the next edition of any general newsletter produced by the Cowichan Tribes, if timely;and

(d)in any other public space deemed advisable by the electoral officer.

Part 6 Candidacy

6.1 Only electors who have not been convicted of a criminal offence may be nominated as a

candidate.

6.2 If the nominee is present at the candidate nomination meeting, the electoral officer shallprovide the nominee with the following:

a) a form for providing notice of acceptance of nomination(s);

b) a form for declaring the nominees eligibility as a candidate; and

c) notice that to become a candidate these forms must be signed by the nominee and

received by the electoral officer with 21 days of the nomination meeting.

6.3 An eligible elector may be nominated for the offices of both chief and councilor, but if

elected to both positions he or she must choose the position of chief.

6.4 The electoral officer shall provide, by registered mail sent the day after the candidate

nomination meeting, every nominee not present at the nomination meeting the following:


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a) a form for providing notice of acceptance of nomination(s);

b) a form for declaring the nominees eligibility as a candidate; and

c) notice that to become a candidate these forms must be signed by the nominee and

received by the electoral officer with twenty-one days of the nomination meeting.

6.5 To become a candidate a nominee must return to the electoral officer within 21 days of the

nomination meeting:

a) a notice of acceptance of nomination(s) signed by the nominee; and

b) a valid declaration of eligibility to be candidate signed by the nominee.

Withdrawal

6.6 A candidate may withdraw his or her at any time by submitting a written withdrawal of

nomination to the electoral officer.

6.7 A candidate who dies before the close of the polls shall be considered to have withdrawn hisor her candidacy.

Part 7 Pre-Election Procedure

Acclamation

7.1 Where the office of chief or all offices of councilor are filled by acclamation:

(a) the electoral officer shall mail notice of the acclamation to every elector with a knownaddress and post such notice in:



(c) in any general newsletter produced by the Cowichan Tribes, if timely; and

(d)in any other public space deemed advisable by the Cowichan Tribes Council.; and

(b)the election shall proceed for the offices for which no acclamation has been made, if any.


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Ballots

7.2 As required, the electoral officer shall prepare two ballot papers of different colour setting

out, respectively:

(a) the names of the candidates nominated for election as chief, in alphabetical order by

surname; and

(b) the names of the candidates nominated for election as councilors, in alphabetical order by

surname.

Notice of the Election

7.3 The electoral officer shall, within 3 days after the time for candidate acceptance of

nominations has closed, conspicuously post a notice of election in:





7.4 The notice of election shall include:

(a) the date of the election;

(b) the times at which the polling station(s) will open and close;

(c) the location of the polling station(s);

(d) the time and location of the counting of the votes;

(e)a statement that the voters list is posted for public viewing at the Cowichan Tribes mainadministration building;

(f) a statement that mail-in ballot packages will be mailed to every elector who is notordinarily resident on Cowichan Tribes reserve land and to every other elector whose

request to vote by mail-in ballot is received by the electoral officer 14 days prior to the

the date the election is to take place; and

(g)a list of candidates nominated for election by chief and a list of candidates nominate forelection as councilor, both lists being in alphabetical order by candidate surname; and

(h)the name, mailing address, and phone number of the electoral officer.


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Mail in Ballots

7.5 The electoral officer shall, at least 35 days prior to the date on which the election is to be

held, mail to every elector who is not ordinarily resident on Cowichan Tribes reserve landand to every other elector whose request to vote by mail-in ballot has been received by the

electoral officer, a mail-in ballot package consisting of:

(a)as required, a ballot for the election of the chief and a ballot for the election of councilors,both ballots being initialed on the back by the electoral officer;

(b)a postage-paid return envelope, pre-addressed to the electoral officer;

(c)an inner envelope marked ballot for insertion of the completed ballot(s);

(d)a voter declaration form providing blocks for:

i) the name of the elector;ii) the membership number and date of birth of the elector;iii)the signature of the elector; andiv) the name, address, telephone number, and signature of the witness to the signature of

the elector;

(e) the notice of election set out in section 7.4 of this Election Law; and

(f) a letter of instruction regarding voting by mail-in ballot which shall also include:

i) a statement advising electors that they may vote in person at any polling station on

the day of the election if they return their mail-in ballot to the electoral officer at thepolling station or present a written declaration sworn or affirmed before the electoral

officer, a justice of the peace, notary public or duly appointed commissioner for

taking oaths, that they have lost the mail-in ballot; and

ii) a list of the names of any candidates who were acclaimed.

7.6 An elector who is ordinarily resident on reserve and who is unable to vote in person on

election day may, at least 14 days prior to the date on which the election is to be held, requesta mail-in ballot package from the electoral officer.

7. 7 Upon receipt of a request for a mail-in ballot package under section 7.6 the electoral officer

shall forthwith mail or deliver a mail-in ballot package described in section 7.5 to the elector

who so requests.

7.8 The electoral officer shall keep a record of the elector to whom, the date on which, and the

address to which, each mail-in ballot was mailed or otherwise provided.


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7.9 An elector voting by mail-in ballot shall vote by:

(a) placing an X or other mark that clearly indicates the elector's choice(s) of candidates;

(b) folding the ballot in a manner that conceals the names of the candidates or any marks, butexposes the electoral officers initials on the back;

(c) placing the ballot in the inner envelope and sealing the envelope;

(d) completing and signing the voter declaration form in the presence of a witness who is at

least 18 years of age;

(e) placing the inner envelope and the completed, signed and witnessed voter declaration

form in the postage-paid envelope; and

(f) delivering, mailing or otherwise ensuring receipt by the electoral officer of the envelope

before the close of polls on the day of the election.

7.10 Where an elector is, due to disability, unable to vote in the manner set out in section 7.9, the

elector may enlist the assistance of another person to mark the ballot and complete and sign

the voter declaration form on behalf of the elector in accordance with that section.

7.11 A person of assistance referred to in section 7.10 of this Election Law shall include in the

postage-paid envelop a written attestation as to the fact that the person both completed the

ballot(s) and completed and signed the witnessed voter declaration according to the direction

of the elector.

7.13 Mail-in ballots that are not received by the electoral officer before the close of polls on the

day of the election shall not be counted.

Equipment for the Election

7.14 The electoral officer shall, before opening the polling station(s), supply the polling

station(s) with:

(a) a sufficient number of ballot boxes;

(b) a sufficient number of ballots;

(c) a sufficient number of voting compartments enabling electors to mark their ballots free

from observation;

(d) a sufficient number of instruments for marking the ballots;

(e) a sufficient number of voting instructions as may be required;


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(f) all other equipment necessary to establish and equip the polling stations; and

(g) the final voters list.

Polling Stations

7.15 The electoral officer shall establish at least one polling station on Cowichan Indian Reserve

No. 1 for every election.

7.16 For every polling station the electoral officer shall provide a voting compartment where

electors can mark their ballots free from observation.

7.17 The electoral officer may appoint security personnel to maintain order in the polling

station(s).

Part 8 Election Procedure

Polling Hours

8.1 On the polling day, the polling station(s) shall be open from 8:00 a.m. and remain open until

8:00 p.m. of the same day.

Candidates Agent

8.2 A candidate is entitled to have not more than two agents in any polling station at any one

time on the polling day.

8.3 Prior to or upon arrival at a polling station, a candidates agent must present a letter of

authorization signed by the candidate to the electoral officer or the deputy electoral officer in

order to be permitted to remain in the polling station as the candidates agent.

Verification of the Ballot Box

8.4 The electoral officer shall, immediately before the commencement of the poll, and in

sequence:

(a)open each ballot box in the presence of witnesses, including every candidates agentpresent, and ensure the box is empty;

(b)lock the ballot box to prevent it from being opened; and

(c)place the ballot box in general view for the reception of ballots.

Secrecy and Security


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8.5 All voting shall be by secret ballot.

8.6 No elector may vote by proxy or authorize another person to vote on his or her behalf.

8.7 The electoral officer or a deputy electoral officer shall maintain order at all times in thepolling station and may cause to be removed any person who in any way interferes, disrupts

or attempts to influence the orderly conduct of the poll.

8.8 On the premises of any polling station no person shall, on the day the election is held:

(a) distribute any election-related printed materials except such materials as may be

distributed by the electoral officer, a deputy electoral officer, or an electoral officerassistant, for the purpose of conducting the election;

(b) attempt to interfere with or influence any elector in marking his ballot; or

(c) attempt to obtain information as to how an elector is about to vote or has voted.

Voting Procedure

8.9 Each elector who presents himself or herself at a polling station for the purpose of voting,after being confirmed by the electoral officer or a deputy Electoral officer as an elector, shall:

a) be issued a ballot containing a list of all the candidates for chief, as appropriate;

b) be issued a ballot of different colour containing a list of all the candidates for councilor,as appropriate; and

c) have their name marked on the final voters list.

8.10 The electoral officer or a deputy electoral officer shall initial the back of each ballot

immediately before issuing it to an elector.

8.11 Each elector, after receiving a ballot at a polling station, shall in sequence:

a) proceed to a place provided there for marking ballots;

b) in the space provided, mark his or her ballot by placing a cross, x, or other mark thatclearly indicates the electors choice(s) of candidates;

c) fold the ballot in a manner that conceals the names of the candidates and any marks, butexposes the initials of the electoral officer or deputy electoral officer; and

d) deposit the ballot in the ballot box provided.


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Voting Irregularities

8.12 At the request of any elector who is unable to vote in the manner set out in Section 8.11 the

electoral officer or deputy electoral officer shall assist the elector by marking the electors

ballot in the manner directed by the elector, in the presence of another elector selected by theelector as a witness, and then shall fold and place the ballot in the ballot box appropriately.

8.13 The electoral officer or a deputy electoral officer shall note on the final voters list opposite

the name of an elector requiring assistance the fact that he marked the ballot at the request of

the elector and the reasons.

8.14 An elector who has inadvertently dealt with his or her ballot(s) in such a manner that itcannot be conveniently used shall return it to the electoral officer or a deputy electoral officer

who shall write the word cancelled upon the ballot(s), preserve the ballot(s), and issue the

elector a fresh ballot or ballot(s).

8.15 An elector who has received a ballot or ballots and who leaves the polling place withoutvoting in the manner provided or remains in the polling station but refuses to vote forfeits his

or her right to vote at the election.

8.16 If an elector who has received a ballot or ballots refuses to vote, the electoral officer or adeputy electoral officer shall mark upon the face of the ballot the word declined and all

ballots so marked shall be preserved.

8.17 While any elector is in a voting compartment as a polling station, no other person except as

provided in 8.12 of this Election Law shall be or be allowed in the same voting compartmentor in any position from where they can potentially see how the elector is voting.

Closing of the Polling Station

8.18 Every elector who is in the polling place at 8:00 p.m. shall be entitled to vote before the

polls are closed.

Part 9 Voting, Counting, and Reporting

Verification of Mail-in Ballots

9.1 Immediately following the close of all polling stations on the date an election is held, the

electoral officer or a deputy electoral officer shall, in the presence of every candidate and

candidate agent present at the polling station, open each inner envelope received as part of amail-in ballot before the close of the polls and, without unfolding any enclosed ballot,

(a) reject the ballot if:

i) it was not accompanied by a voter declaration form, or the voter declaration form isnot signed or witnessed,


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ii) the voter declaration form does not contain a date of birth or a Cowichan Tribesmembership number that matches the information contained for that elector on the

final voters list;

iii)the name of the elector set out in the voter declaration form is not on the final voterslist; or

iv) the voters list shows that the elector has already voted.

(b) in any other case, place a mark on the voters list opposite the name of the elector set out

in the voter declaration form, and deposit the ballot in a ballot box.

Counting the Ballots9.2. Immediately following the verification of mail-in ballots, the electoral officer or a deputy

electoral officer shall, in the presence of every candidate and candidate agent present at thepolling station, open the ballot box(es) present, examine the ballots, and:

a) reject and preserve any ballots that are not initialed on the back by the electoral officer or

a deputy electoral officer,

b) reject and preserve any ballots that, in the electoral officers opinion, do not give a clearindication of the electors selection(s);

c) reject and preserve any ballots that have more votes than there are vacancies for theposition;

d) reject and preserve any ballots upon which have markings by which the elector can beidentified;

e) subject to review on the recount or on an election appeal, take a note of any objectionsmade by any candidate or candidate agent to any of the ballots found in the ballot box

and decide any questions arising out of such objection;

f) number such objections and place a corresponding number on the back of the ballot paper

with the word allowed or disallowed as the case may be with the officers initials;and,

g) count the votes given for each candidate from the ballots not rejected and make a written

statement of:

i) the number of votes given to each candidate for the position of chief or councilor,and;


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ii) the number of ballots rejected and not counted by the electoral officer, by position ofchief or councilor,

which statements shall then by signed by the electoral officer or a deputy electoral

officer, as the case may be, and other persons authorized to be present as may desire tosign the statement(s).

Recountsvi

9.4. In the event of a tie vote for a Council position, the electoral officer shall hold a recount

immediately and this recount shall be final, subject to a successful appeal.9.5 If it is not possible to determine the successful candidate(s) for either a Chief or Councillor

position due to an equal number of votes being cast (tie vote), the electoral officer shall

establish a time for the conduct of a recount and publicly announce this time in the presenceof all those present in the polling station.

9.6 If the recount fails to determine a successful candidate, the electoral officer shall cast ballots

in order to break the tie. The electoral officer shall place the names of the candidates having

the same number of votes on a paper and place each in a receptacle. Without looking, he

shall draw as many papers as there are positions available. The candidate(s) whose name(s)appear on the pieces of paper the electoral officer has drawn from the receptacle shall

constitute the candidate(s) for whom the electoral officer shall cast a vote.

9.7 The electoral officer may order a recount if, in his or her opinion it is warranted by the

closeness of the result.

Part 10 Post Election Procedures

Announcement

10.1 Immediately after completing the counting of the votes and establishing the successful

candidate(s) by position on the Cowichan Tribes Council, the electoral officer shall declare to

be elected the candidate(s) having the highest number of votes.

10.2 Immediately following the declaration of elected candidates made pursuant to section 10.1,the electoral officer shall complete and sign an election report which shall contain, by

position on the Cowichan Tribes Council:

(a) the names of all candidates;

(b) the number of ballots cast for each; and

(c) the number of rejected ballots.


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11.2 The Complaints and Appeal Board shall be composed of three members as follows:

(a) a Cowichan Tribes citizen who is an elder, a respected member of the community, and

knowledgeable of Cowichan Tribes syuwentst(i.e. teachings/traditions);

(b) a person, of at least 18 years of age, who is not a Cowichan Tribes citizen; and

(c) a Cowichan Tribes citizen, of at least 18 years of age, who is familiar with the traditions,

values and language of the Cowichan Tribes.

11.3 All members of the Complaints and Appeal Board shall possess an understanding of theprinciples of natural justice.

11.4 At least 100 days before the date of the next general election under this Election Law, theCowichan Tribes Council shall, by resolution,

(a) appoint the 3 members of the Complaints and Appeal Board in accordance with section

11.2; and

(b) appoint a list of 6 additional potential members of the Complaints and Appeal Board.vii

11.5 The term of office of the Complaints and Appeal Board shall be from its appointment under

section 11.4 until the day on which selects another Complaints and Appeal Board in

accordance with this Election Law.viii

11.6 Upon receipt of an election appeal or a complaint for removal of office in accordance with

section 11.1, any Complaints and Appeal Board member who is immediate family of any

appellant or complainant, or who may be reasonably apprehended to have a bias or conflictof interest in connection with the appeal or complaint, shall disclose this information to the

other board members and excuse themselves from the board.

11.7 The remaining members of the Complaints and Appeal Board will select additional

members as required to attain 3 from the list of potential members selected in accordance

with subsection 11.4(b).ix

11.8 Each member of the Complaints and Appeal Board shall execute an oath of office andaccept his or her appointment by forwarding a letter of acceptance to the Cowichan Tribes

Council.x

PART 12 Procedure For Removal From Office

12.1 Proceedings to have a person removed from the office of chief or councilor on the

Cowichan Tribes Council may be initiated by:


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(a)any elector submitting to the Complaints and Appeal Board

i. a petition, on which shall appear:

a. the name and office of the member of Cowichan Tribes Council sought to beremoved from office;

b. the ground(s) identified in Schedule * on which removal of the chief or councilor issought;

c. the signature of the petitioner; and

d . the signatures of at least 25% of all eligible electors of the band in support of the

petition; and

ii. one or more written statement made under oath providing the evidence, including

any documents, relied upon to substantiate the ground(s) for removal.

(b)a two-thirds (2/3) majority of Cowichan Tribes Council submitting to the Complaints andAppeal Board a signed resolution enclosing:

i. a petition, on which shall appear:

a. the name and office of the member of Cowichan Tribes Council sought to be

removed from office;

b. the ground(s) identified in Schedule * on which removal of the chief or councilor issought; and

c. the signatures of the all Cowichan Tribes Council members in support of thepetition; and

ii. one or more written statement made under oath providing the evidence, including

any documents, relied upon to substantiate the ground(s) for removal.

12.2 Within 14 days of receipt of a petition, with supporting statement(s), for removal of a chief

or councilor from office, the Complaints and Appeal Board shall:

(a)determine whether the submitted documentation complies with section 12.1;

(b) in a case where the petition complies with section 12.1, determine whether the groundsput forth in the petition are either frivolous in nature or clearly unsubstantiated, and

i. if so, dismiss the petition; and


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ii. if not, schedule a review hearing to take place between 30 to 60 days from the

date on which the petition was submitted to the board; and

(c) send notice of its determination(s) and any action taken under this section in writing with

reasons by registered mail to the Cowichan Tribes Council, the petitioner(s) and thecouncil member who is the subject of the petition for removal.

12.3 In any notice given pursuant to section 12.2(c) that includes notice of scheduled review

hearing, the notice shall:

(a)set out the nature of the hearing and all related particulars, including a statement that thepetitioner(s), any member of Cowichan Tribes Council, and the council member who isthe subject of the petition for removal may, at the hearing, make a presentation to the

board, which may include the presentation of documents and testimony by witnesses;

(b)set out the date, time, and location of the hearing, as subject to rescheduling by theComplaints and Appeal Board with notice, in order to better accommodate all parties, toa different date and time within the 30 to 60 day from the date on which the petition was

submitted to the board;

(c)as part of the notice given to the council member who is the subject of the petition forremoval, provide a copy of the relevant petition and relied upon statement(s) made under

oath; and

(d)identify the date the board received the petition and provide notice that the council

member who is the subject of the petition has 28 days from the date the board receivedthe petition to deliver to the board, the petitioner(s) and the Cowichan Tribes Council any

written statement made under oath providing the evidence, including any documents,

relied upon in response to the petition and the statements relied upon by the petitioner(s).

12.4 As needed, the Complaints and Appeal Board shall conduct a hearing at the time and place

set out in any notice provided under section 12.3(b), subject to rescheduling by theComplaints and Appeal Board with notice, in order to better accommodate all parties, to a

different date and time within the 30 to 60 day from the date on which the petition was

submitted to the board.

12.5 The Complaints and Appeal Board shall otherwise establish its own rules of procedure asneeded and may, at its own discretion, secure legal advice and hear evidence (e.g. cross-

examination on submitted written statements in the course of its dealing with a petition for

removal from office made under this Part.

12.6 Within 65 days of the date on which a petition was submitted to the Complaints and Appeal

Board, the board shall:

(a)decide, by majority and based on the grounds alleged in the petition and evidencesubmitted, that:


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i. the petition is allowed, and declare the council position of the member of councilwho is the subject of the petition to be vacant; or

ii. the petition is dismissed; and

(b)send, by registered mail, a written notice of the ruling with reasons to the CowichanTribes Council, the petitioner(s) and the council member who is the subject of the

petition for removal.

12.7 The decision of the Complaints and Appeal Board made under section 12.7 is final andbinding upon all parties.

PART 13 Election Appeal Procedure

Timing

13.1 A candidate or an elector may, within 30 days from the date on which the election was held,

submit a notice of appeal to the Complaints and Appeal Board.

Grounds for Appeals

13.2 A notice of appeal submitted pursuant to section 13.1 must sufficiently detail one or more ofthe following grounds for appeal:

(a) that one or more named person(s) declared elected to office on the Cowichan TribesCouncil was not qualified to be a candidate;

(b) that there was a violation of this Election Law in the conduct of the election that might

have affected the result of the election; or

(c) that there was corrupt or fraudulent practice in relation to the election.

Submission

13.3 A notice of appeal must:

(a)be in writing;

(b)be submitted to the Complaints and Appeal Board, care of the main administrationbuilding of the Cowichan Tribes;

(c)be received at the main administration building of the Cowichan Tribes within 30 days ofthe election in order to be duly commenced; and


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(d)include a written statement, sworn or affirmed before a notary public or duly appointedcommissioner for taking affidavits, substantiating the grounds for the appeal and

attaching any supporting documentation.

Initial Procedure

13.4 Upon receipt of an election appeal, the Complaints and Appeal Board shall forthwith:

(a) in the case where the notice of appeal is submitted in accordance with sections 13.2 and

13.3, forward a copy together with supporting documents by registered mail to the

electoral officer and to each candidate at the election; or

(b) in the case where the appeal is not submitted in accordance with sections 13.2 or 13.3,

inform the appellant(s) in writing by registered mail the particulars of which the appealwas not submitted in accordance with sections 13.2 or 13.3, and will not receive further

consideration in its current form.

Response to the Allegations

13.5 Any candidate or the electoral officer may, within 14 days of the receipt of any notice ofappeal, forward to the Complaints and Appeal Board by registered mail a written response to

the appeal allegations, together with a supporting written statement, with any relevant

documentation attached thereto, sworn or affirmed before a notary public or duly appointed

commissioner for taking affidavits.

General

13.6 The Complaints and Appeal Board shall otherwise establish its own rules of procedure asneeded and may, at its own discretion, secure legal advice and hear evidence (e.g. cross-

examanation on submitted written statements in the course of its review of an appeal made

under this Part.

Decision

13.7 After a review of all of the evidence that it has received in relation to an appeal the

Complaints and Appeal Board shall:

(a)deny the appeal on the ground that the evidence presented did not reveal that:

(i) the person in question and declared elected was not qualified to be a candidate;

(ii) a violation of this Election Law has taken place that might have affected the result of

the election; or


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(iii) there was a corrupt or fraudulent practice in relation to the election that might have

affected its results; or

(b)grant the appeal and order a new election for the positions affected on the CowichanTribes Council on the ground that:

(i) the person in question and declared elected was not qualified to be a candidate;

(ii) a violation of this code has taken place that might have affected the result of the

election; or

(iii) there was a corrupt or fraudulent practice in relation to the election that might haveaffected its results.

13.8 The Complaints and Appeal Board shall ensure every decision on any appeal is posted:

(a) in a public area of the Cowichan Tribes main administration building;


(c) in the next edition of any general newsletter produced by the Cowichan Tribes; and


13.9 The decision of the Complaints and Appeal Board on an appeal under this Part is final andnot subject to appeal.

13.10 If the Complaints and Appeal Board grants an appeal and orders a new election:

(a)where the order applies to every position of the Cowichan Tribes Council, the CowichanTribes Council shall remain in office until the date of the new election; and

(b)notwithstanding section 3.10(a) of this Election Law, the new election shall be heldwithin 120 days of of the boards order of a new election, on a date to be determined by

resolution of the Cowichan Tribes Council.

Part 14 Amendment

15.1 The process for development and passage of amendment to this Election Law shall be

initiated by:

(a) a petition, presented to the Cowichan Tribes Council at a duly called meeting of council,

signed by at least 25% of the electors for the most recent election and setting out the

specific proposed amendment(s); or


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(b) a Cowichan Tribes Council resolution setting out the specific proposed amendment(s).

15.2 Upon initiation of an amendment proposal in accordance with section 15.1, Cowichan

Tribes Council shall prepare a notice of proposed amendment that sets out:

(a) a summary of the proposed amendment(s) to this Election Law;

(b) a statement that this Election Law and the full copy of the proposed amendment(s) to this

Election Law can be obtained at the Cowichan Tribes administration office or by mail or

email upon request to the general manager or acting general manager of the Cowichan

Tribes;

(c) a description of the amendment process as set out in this Election Law;

(d)the date(s), time(s) and place(s) of the community meeting(s) as provided for in section15.4(a) of this Election Law; and

(e) the deadline for receipt of written comments as provided for in section 15.4(b) of thisElection Law.

15.3 Within 10 days of the initiation of a proposed amendment in accordance with section 15.1,

Cowichan Tribes Council shall ensure the notice of proposed amendment is mailed to every

elector with a known address and is posted in:




(d)in any other public space deemed advisable by the Cowichan Tribes Council.

15.4 The Cowichan Tribes Council shall:

(a)after consultation with any petition organizer(s), set the day, time and place of one or

more community meetings on the proposed amendment(s) to be held at least 25 days andnot more than 45 days after the initiation of any amendment to this Election Law in

accordance with section 15.1; and

(b)set a deadline of at least 55 days after the initiation of any amendment(s) to this ElecitonLaw in accordance with section 15.1 for receiving written comment from electors on the

proposed amendment(s) in accordance with Section 15.5.


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15.5 Any elector may, within the deadline established under section 15.4(b), provide written

comments concerning the proposed amendments to the Cowichan Tribes Council, suchcomments to include:

(a) the name, address and signature of the elector;

(b)the specific paragraph number(s) of the proposed amendment on which the elector iscommenting; and

(c)specific comments about the proposed amendment.

15.6 Within 30 days of the close of the time for receipt of written comments from electorsconcerning the proposed amendment(s) pursuant to section 15.4(b), the Cowichan Tribes

Council shall review the comments and make such changes to the proposed amendment(s) as

they deem necessary in order to arrive at a final amendment proposal.

15.7 Within 35 days of the close of the time for receipt of written comments from electorsconcerning the proposed amendment(s) pursuant to section 15.4(b), the Cowichan Tribes

Council shall either declare that an amending referendum on the final amendment proposal

shall be heard in accordance with the general procedures for an election as set out in this

Election law, or:

(a)ensure a notice of the final amendment proposal is prepared containing:

(i) a copy of the final amendment proposal, dated 35 days from the close of time for the

receipt of written comments from electors concering the proposed amendment(s)pursuant to section 15.4(b);

(ii)notice that a copy of this Election Law can be obtained at the Cowichan Tribesadministration office or by mail or email upon request to the general manager or

acting general manager of the Cowichan Tribes; and

(iii)notice that the final amendment proposal will be considered by Cowichan Tribes

Council for adoption, as part of this Election Law, by resolution at a duly convened

meeting of the Cowichan Tribes Council, unless within 30 days of the date of the

notice of final amendment proposal the Cowichan Tribes Council receives from at

least one elector a written request for a referendum of the electors on the finalamendment proposal, and

(d)ensure a notice of final amendment proposal is mailed to every elector with a knownaddress and is posted in:

(i) a public area of the Cowichan Tribes main administration building;

(ii)on any website maintained by the Cowichan Tribes;


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(iii)in any general newsletter produced by the Cowichan Tribes, if timely; and

(iv)in any other public space deemed advisable by the Cowichan Tribes Council.

15.8 If within 30 days of the date of a notice of final amendment proposal the Cowichan TribesCouncil receives from at least one elector a written request for a referendum of the electors

on the final amendment proposal, then the Cowichan Tribes Council shall declare forthwith

than an amending referendum shall be held in accordance with the general procedures for an

election as set out in this Election Law.

15.9 If an amendment referendum is held for a final amendment proposal, the Election Law is

amended as of the day after the referendum if the proposal is approved by a simple majorityof those electors who vote in the amendment referendum.

15.10 If within 30 days of the date of a notice of final amendment proposal the CowichanTribes Council does not receive from at least one elector a written request for a referendum

of the electors on the final amendment proposal, then the Cowichan Tribes Council may, byresolution at a duly convened meeting of the Cowichan Tribes Council within 90 days,

amend this Election Law in accordance with the final amendment proposal.

15.11 If a Cowichan Tribes Council resolution is duly passed amending the Election Law thenthe Election Law is amended as of the date of the resolution.

15.12 If this Election Law is amended pursuant to sections 15.9 or 15.10 within 100 days of an

election then the amendment does not apply to that particular election.

Part 15 General

16.1 If any provision of this Election Law, or the application thereof to any circumstances, shall

be held to be invalid or unenforceable, then the remaining provisions of this Election Law, or

the application thereto to other circumstances, shall not be affected thereby and shall be heldvalid and enforceable to the full extent permitted by law.

16.2 The computation of time in this Code shall be in accordance with theInterpretation Act,

R.S.C. 1985, c. I-21, as amended to September 1, 2010.


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Cowichan Tribes Election Law - Schedule 1Cowichan Tribes Council Oath of Office

I, [elected candidate], do swear / affirm that:

1. I will truly, faithfully, impartially, and to the best of my ability and knowledge,execute the duties, powers and trusts placed in me as a member of Cowichan TribesCouncil.

2. I will uphold and comply with principles of good governance, including principles ofopenness, accountability, and transparency.

3. I will uphold and comply with the Cowichan Tribes Conflict of Interest Policy

effective as of June 27, 2006.

4. I will uphold and comply with the Cowichan Tribes Confidentiality Policy effectiveas of June 27, 2006.

_____________________________Elected Candidate

Sworn / Affirmed before me, at _____[place]________,British Columbia, on________[date]________.

Signed:_________[person administering oath]_______.

iRecitations: This is still needed. Who is to draft this?

iiVacancy: A process with certainty is needed e.g. how is anyone to know when a position is vacant under(c) or (e)

so as to proceed to have the vacancy filled? Perhaps Council shall declare the existence of every vacancy, whichthen triggers replacement procedures?iii

Vacancy: Too vague?iv Vacancy: What is the procedure to be if there is a tie amongst the next candidates? A by-election?v

Voters List: The Registrar should presumably be the administrative person responsible for the band membership

code, no? See next section too; perhaps these sections need merging.vi

Recount: This Recount section needs reworking. 9.4 and 9.5 are in conflict. Tie under 9.6 should result in a by-

election presumably, certainly not a draw from a hat. 9.7 closeness should be defined (e.g. margin of 5 votes or

less).vii

Board: What about resignation, and further appointments due to same?viii

Board: Insufficient security of tenure? Tenure should endure until a certain time (e.g. 6 months prior to the next

general election)?ix

Board: This cant work where 2or 3 board members excuse themselves. Suggestions?x

Board: Which, and upon what?

Documents

Draft Election Law Wip Sept 20 2010