Custom Election Code

                       THE CUSTOM OF THE LENNOX ISLAND BAND

                        AS TO THE ELECTION OF CHIEF AND COUNCIL

CUSTOM RULES GOVERNING LENNOX ISLAND BAND ELECTION

 

            WHEREAS at a meeting of Lennox Island Band Members held the 14th day of May 1974, a majority of the Band’s Electors adopted, by way of Motion, a series of Rules for the Customary Election of the Band’s Chief and Council;

            AND WHEREAS the Lennox Island Band (hereafter called “the Band”) is a constituent Band of the Mi’kmaq Nation and has the inherent authority to adopt, by way of Custom, a method for choosing its Chief and Council, as recognized by subsection 2(1) of the Indian Act, R.S.C. 1985, c. I-5, and as was recognized by the same subsection of the Indian Act, R.S.C. 1970, c. I-6;

            AND WHEREAS the Rules for the Customary Election of the Band’s Chief and Council were not codified when they were adopted at the May 14, 1974 Lennox Island Band Meeting, which resulted in operational conflicts between the Rules as adopted and provisions made by or under the Indian Act;

            AND WHEREAS the Lennox Island Band was desirous of having its Customary Election Rules codified so as to avoid the conflicts described above and to provide written confirmation of the Lennox Island Band’s Customary Election Rules;

            AND WHEREAS these Custom Rules for the Election of the Council of the Lennox Island Band were written, in accordance with Motions made, seconded, voted upon and duly carried at the Lennox Island Band Meeting held the 14th day of May, A.D. 1974 and later amended on April 9, 1986 and November 29, 1990.

AND WHEREAS, following a consultation process with the members of the Lennox Island Band, extensive amendments to these Custom Election Rules were proposed and, as a result, these Custom Election Rules were wholly amended with the consent of the majority of the eligible Electors on June 25, 2001.  The eligible Electors at that time being individuals whose names appeared on the Lennox Island Band List, who were of the full age of eighteen years and who were ordinarily resident on the Lennox Island Reserve for a period of at least six months prior to the amendment vote.

AND WHEREAS, following a consultation process with the members of the Lennox Island Band, significant amendments to these Custom Election Rules were proposed and, as a result, these Custom Election Rules were amended with the consent of the majority of the eligible Electors on October 18, 2008. The eligible Electors at that time being individuals whose names appeared on the Lennox Island Band List, who were of the full age of eighteen years.

 

Effective Date

 

1.1       These Custom Election Rules came into full force and effect on the 14th day of May, A.D. 1974, were amended on April 9, 1986 and November 29, 1990, wholly amended on June 25, 2001, and amended on October 18, 2008.

 

1.2       The effective date of these amended Custom Election Rules shall be declared by the Lennox Island First Nation Council and shall be no later than six months following the date of the amendment, being October 18, 2008.

 

Declaration As to Inapplicability of Sections of the Indian Act

 

  1. 2. Provisions found in the Indian Act, R.S.C. 1985, c. I-5, and its predecessor, the Indian Act,S.C. 1970, c. I-6, respecting the Band Elections of Chiefs and Band Councils, being sections 74, 75, 76, 77, 78, and 79 inclusive, do not and shall not apply to the Lennox Island Band.

 

Interpretation

 

  1. 3. In these rules,

 

“Advance Poll” means a Poll held after the Notice of Band Election is posted but prior to the Election Poll, for the purpose of allowing those Electors who are unable to attend at the Election Poll the opportunity to vote in the Band Election.

 

“Agent” means an individual appointed by a Candidate to be present and observe the activities at a Band Election Poll.

 

“Amendment Vote” means a vote held in accordance with these Custom Election Rules to add, amend or repeal a provision or provisions of these Custom Election Rules.

 

“Band” means the Lennox Island Band.

 

“Band Election” means an election held according to the Custom of the Lennox Island Band as codified by these Custom Election Rules.

 

“Band By-Election” means a Band Election held for the purpose of filling a vacant Council position prior to the end of the term of office for that Council position.

 

“Candidate” means an Eligible Nominee who was nominated for a Council position at a Nomination Meeting and who has filed Nomination Papers with the Electoral Officer.

 

“Chief” means Chief of the Lennox Island Band elected pursuant to these Custom Election Rules.

 

“Council” means the Council of the Lennox Island Band.

 

“Custom Election Rules” means the provisions of the Lennox Island Band Custom Election Code (2008).

 

“Deputy Electoral Officer” means any person appointed by the Electoral Officer for the purpose of a Band Election.

 

“Election Poll”            means the Poll held on the date of the Band Election.

 

“Elector” means a person who:

 

  • is registered on the Membership List of the Lennox Island Band; and
  • is the full age of eighteen years.

 

 

“Electoral Officer” means a person appointed by the Council of the Band for the purposes of administering a Band Election or Elections in accordance with these Custom Election Rules.

 

“Eligible Nominee” means, in the case of a nominee for Chief or On-Reserve Councillor, an Elector who is ordinarily resident on the Reserve for at least six months prior to the date of a Nomination Meeting, and in the case of a nominee for Off-Reserve Councillor, an Elector who is ordinarily resident off the Reserve for at least six months prior to the date of a Nomination Meeting.

 

“Lennox Island Band Web Page” means the internet web page related to the Lennox Island Band and maintained by the Council on behalf of the Lennox Island Band.

 

“Nomination Meeting” is a meeting held in accordance with these Custom Election Rules for the purpose of nominating candidates for a Band Election.

 

“Nomination Papers” means the document filed in accordance with these Custom Election Rules and which represents the written acceptance of an Eligible Nominee to be a Candidate in the Band Election.

 

“Notice of Amendment Vote” means the Notice of an Amendment Vote provided in accordance with these Custom Election Rules.

 

“Notice of Band Election” means the Notice of a Band Election provided in accordance with these Custom Election Rules.

 

“Notice of Nomination Meeting” means the Notice of a Nomination Meeting provided in accordance with these Custom Election Rules.

 

“Off-Reserve Councillor” means a Councillor of the Lennox Island Band elected pursuant to these Custom Election Rules.

 

“On-Reserve Councillor” means a Councillor of the Lennox Island Band elected pursuant to these Custom Election Rules.

 

“Poll” means the casting and recording of votes in accordance with these Custom Election Rules.

 

“Reserve” means a tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of the Lennox Island Band.

 

“Elector’s List” means the list of electors eligible to vote in a Band Election, as prepared by the Electoral Officer in accordance with these Custom Election Rules.

 

The Council

 

  1. The Council of the Band shall consist of one (1) Chief, two (2) On-Reserve Councillors and one (1) Off-Reserve Councillor.

 

Eligibility to Vote

 

  1. All Electors of the Lennox Island Band are eligible to vote in Band Elections held in accordance with these Custom Election Rules, for the positions of Chief, On-Reserve Councillors and Off-Reserve Councillor.

 

Election of Council

 

  • The Chief of the Band shall be elected by the highest number of votes cast for the position of Chief in a Band Election held in accordance with these Custom Election Rules.
  • The On-Reserve Councillors of the Band shall be elected by the two highest number of votes cast for the position of On-Reserve Councillor in a Band Election held in accordance with these Custom Election Rules, or in the case of a Band By-Election for one On-Reserve Councillor, by the highest number of votes cast for the position of On-Reserve Councillor in a Band By-Election held in accordance with these Custom Election Rules.
  • The Off-Reserve Councillor of the Band shall be elected by the highest number of votes cast for the position of Off-Reserve Councillor in a Band Election held in accordance with these Custom Election Rules.

 

Disqualification of a Candidate

 

  1. Where a Candidate for Council receives the highest votes in a Band Election and said Candidate has been disqualified for a reason set out in these Custom Election Rules, the Candidate receiving the next highest number of votes shall be declared as elected.

 

 

 

 

 

 

 

Eligibility to be Nominated

 

  • Only an Elector who has been ordinarily resident on the Reserve for a full six months prior to the date of the Nomination Meeting is eligible to be nominated for the office of Chief.
  • Only an Elector who has been ordinarily resident on the Reserve for a full six months prior to the date of the Nomination Meeting is eligible to be nominated for the office of On-Reserve Councillor.
  • Only an Elector who has been ordinarily resident off the Reserve for a full six months prior to the date of the Nomination Meeting is eligible to be nominated for the office of Off-Reserve Councillor.
  • In order for a member of Council to be eligible for nomination for a different position on the Council he or she must resign, in writing, from his or her current Council position at least 7 clear days prior to the Nomination Meeting.

 

Interpretation of Ordinarily Resident

 

  • The following principles apply to the interpretation of the words “ordinarily resident” in respect of all matters pertaining to the right of an Elector to be nominated in a Band Election:
  1. subject to the other provisions of this section the question of whether an Elector is ordinarily resident on the Reserve shall be determined by reference to all the facts of the case;
  2. the place of ordinary residence of an Elector is, generally, that place which has always been, or which the Elector has adopted as his or her home;
  3. an Elector can have one place of ordinary residence only;
  4. temporary absence from a place of ordinary residence does not constitute a change in residency.
    • Subject to the principles of interpretation found in section 9.1, any person seeking to apply an interpretation to the words “ordinarily resident” may be guided by Schedule “A” attached hereto.

 

Notice of Nomination Meeting

 

  • When a Band Election is to be held, the Electoral Officer shall post a Notice of Nomination Meeting in the form prescribed by the Council.
  • The Notice of Nomination Meeting shall contain, at a minimum, the following information:
  1. the date, time and location on the Reserve of the Nomination Meeting;
  2. the Elector’s List or instructions as to how to receive a copy or view a copy of the Electors List;
  3. the name and contact information for the Electoral Officer;
  4. the Internet address of the Lennox Island Band Web Page.

10.3    The Notice of Nomination Meeting, referenced above, shall be posted at least 7 clear days prior to the date of the Nomination Meeting and at least 21 clear days prior to the date set for the Band Election in the following locations:

  1. in one or more conspicuous places on the Reserve; and
  2. on the Lennox Island Band Web Page; and
  3. any other location that the Electoral Officer deems appropriate.
  • The Notice of Nomination Meeting shall also be posted in both the Guardian Newspaper and the Journal Pioneer Newspaper as follows:
  1. in a minimum of two editions prior to the date of the Nomination Meeting with the first notice being published as soon as possible following the decision to hold a Band Election and, in any event, at least 5 clear days prior to the date of the Nomination Meeting.

 

Elector’s List

 

  • Prior to the posting of the Notice of Nomination Meeting, the Electoral Officer shall prepare an Elector’s List containing the names, in alphabetical order, of all Electors.
  • The Elector’s List will acknowledge those Electors who were ordinarily resident on the Reserve for six months prior to the date of the Nomination Meeting by placing a mark in the appropriate column next to the Elector’s name.
  • The Elector’s List will acknowledge those Electors who were ordinarily resident off the Reserve for six months prior to the date of the Nomination Meeting by placing a mark in the appropriate column next to the Elector’s name.
  • The Electoral Officer shall post one or more copies of the Elector’s List in a conspicuous place on the Reserve and on the Lennox Island Band Web Page and in any other location deemed appropriate by the Electoral Officer.
  • Any Elector may apply to the Electoral Officer, in person, by telephone, by courier, mail or fax to have the Elector’s List revised on the grounds that the name of an Elector is incorrectly set out therein or an Elector is incorrectly identified as being either ordinarily resident on the Reserve or off the Reserve for six months prior to the date of the Nomination Meeting.
  • If the Electoral Officer is satisfied that the Elector’s List should be corrected, the Electoral Officer shall make the necessary correction therein.

Nomination Meeting

 

  • No person may be nominated for Band Election as Chief, On-Reserve Councillor or Off-Reserve Councillor unless his or her nomination is moved by an Elector and seconded by another Elector.
  • At the time and place specified in the Notice of Nomination Meeting, the Electoral Officer shall declare the Meeting open for the purpose of receiving nominations, and any person who is an Elector may nominate or second the nomination of any Eligible Nominee to serve as Chief, On-Reserve Councillor or Off-Reserve Councillor, provided that no Elector may nominate or second any nomination of more than one (1) Eligible Nominee for each position on Council
  • The Nomination Meeting shall remain open for a minimum of one (1) hour and a maximum of three (3) hours.
  • The Electoral Officer shall close the Nomination Meeting after such business as the Electoral Officer considers may properly be brought before it has been disposed of.

 

Acclamation

 

  • When the Electoral Officer closes the Nomination Meeting and only one Eligible Nominee is nominated to serve as Chief, the Electoral Officer shall declare the nominated person to be duly elected.
  • When the Electoral Officer closes the Nomination Meeting and only two Eligible Nominees, or one Eligible Nominee in the case of a Band By-Election, are nominated to serve as On-Reserve Councillors, the Electoral Officer shall declare the nominated persons, or person in the case of a Band By-Election, to be duly elected.
  • When the Electoral Officer closes the Nomination Meeting and only one Eligible Nominee is nominated to serve as Off-Reserve Councillor, the Electoral Officer shall declare the nominated person to be duly elected.

 

Declaration of Election

 

  1. In the event of more than the required number of persons being nominated to serve as Chief or On-Reserve Councillors or Off-Reserve Councillor, the Electoral Officer shall declare that a Poll will be held on the Reserve (the Election Poll), or in Charlottetown in the case of the Advance Poll, and shall name the date, time and the place where such Poll shall be taken.

 

 

Notice of Election

 

  • Whenever an Election Poll is to be taken, the Electoral Officer shall, without any unreasonable delay, and at least 14 clear days prior to the date of the Election Poll, post a Notice of Band Election, in the form prescribed by the Council, in the following locations:
  1. in one or more conspicuous places on the Reserve; and
  2. on the Lennox Island Band Web Page; and
  3. any other location that the Electoral Officer deems appropriate.
    • The Notice of Election shall also be posted in both the Guardian Newspaper and the Journal Pioneer Newspaper as follows:
  4. in a minimum of two editions prior to the date of the Election with the first notice being published as soon as possible following the close of the Nomination Meeting and, in any event, at least 5 clear days prior to the date of the Band Election.
    • The Notice of Election shall contain, at a minimum, the following information:
  5. the date, time and location on the Reserve of the Election Poll;
  6. the Elector’s List or instructions as to how to receive a copy or view a copy of the Electors List;
  7. the name and contact information for the Electoral Officer;
  8. the Internet address of the Lennox Island Band Web Page.

 

Advance Poll

 

  • The Notice of Band Election shall also provide notice of the date, time and location of the Advance Poll.
  • The Electoral Officer shall set the date for the Advance Poll to be held in Charlottetown at least five (5) clear days from the date the Notice of Election is posted and at least five (5) clear days prior to the Election Poll.

 

Nomination Papers

 

  • Eligible Nominees, nominated in accordance with the provisions of these Custom Election Rules, shall file Nomination Papers with the Electoral Officer within forty-eight (48) hours of the scheduled start of the Nomination Meeting. The Nomination Papers shall be in the form prescribed by the Council and may by filed in person, by mail, by courier or by fax and must contain the valid signature of the Eligible Nominee.
  • Once an Eligible Nominee, who was nominated in accordance with these Custom Election Rules, files duly executed Nomination Papers with the Electoral Officer said Eligible Nominee becomes a Candidate in the Band Election.
  • At the request of any Elector, an oath or affirmation in a form prescribed by the Council as to an Elector’s eligibility to be nominated for a particular Council position shall be administered to any Elector wishing to file Nomination Papers.
  • No person who has refused to take the oath or affirmation referred to in section 17.3 when requested so to do shall be permitted to be a Candidate in a Band Election and shall be disqualified from the Band Election.
  • Nomination Papers are considered filed with the Electoral Officer when they are received at the administration offices of the Lennox Island Band.
  • Following the expiration of the time for filing Nomination Papers, the Electoral Officer, where possible, will revise the Notice of Band Election to include the list of Candidates for each Council position.

 

Candidate Fee

 

  • A Candidate fee of one hundred dollars ($100.00) shall be deposited with the Electoral Officer at the time a Candidate files his or her Nomination Papers. Payment of the Candidate fee must be in cash or certified cheque. The Electoral Officer may extend the time required for payment of the Candidate fee if, taking into consideration the circumstances of the Candidate, the Electoral Officer deems that the requirement to pay at the time Nomination Papers are filed is unreasonable. In such a case the Candidate must deposit the Candidate fee within the extended time limit prescribed by the Electoral Officer.
  • A Candidate who does not pay the Candidate Fee within the time prescribed herein shall be disqualified from the Band Election.
  • Reimbursement of the Candidate Fee will be made to Candidates who receive fifty per cent (50%) of the total votes cast in his or her contested position.
  • Candidates who do not receive fifty per cent (50%) of the votes cast in his or her contested position will forfeit their Candidate fee.

 

Calculation of Time

 

  1. For the purpose of these Custom Election Rules the following rules shall apply to the calculation of time and matters of interpretation with respect to the calculation of time shall be the responsibility of the Electoral Officer:
  1. When calculating clear days, the first and last day shall be excluded. For example, the day of the posting of a notice of a meeting and the day of the meeting are excluded from the calculation.
  2. When calculating time, federal and provincial statutory holidays will be excluded from the calculation. For example, if a seven-day notice period contains Victoria Day, that day would be excluded from the counting.
  3. When calculating time and an event falls on a Sunday or federal or provincial statutory holiday, the event will be extended to the next following day. For example, if a Nomination Meeting were closed at 7:00 p.m. on a Friday the last opportunity to file Nomination Papers would be extended from Sunday at 7:00 p.m. to Monday at 7:00 p.m.
  4. When calculating time referred to as weeks, months or years the time period shall expire on the week, month or year anniversary of the first event. For example, if a notice of an event must be posted for at least three months and it is posted on January 1st the earliest the event can take place is April 1st or if a term of office is two years from the date of an election and the election is held on June 1, 2000, the term of office expires on June 1, 2002.

 

Elector’s List for the Purpose of a Band Election

 

  • The Electoral Officer shall review the Elector’s List which was prepared prior to the Nomination Meeting and ensure that one or more copies of the Elector’s List is posted in a conspicuous place on the Reserve and on the Lennox Island Band Web Page and any other location deemed appropriate by the Electoral Officer.
  • Any Elector may apply to the Electoral Officer, in person, by telephone, by courier, mail or fax to have the Elector’s List revised on the grounds that the name of an Elector is incorrectly set out or incorrectly absent therein.
  • If the Electoral Officer is satisfied that a list should be corrected, the Electoral Officer shall make the necessary correction therein.

 

Ballot Preparation

 

  1. Ballot papers shall be prepared by the Electoral Officer in the form prescribed by the Council containing the names of the Candidates for Chief and/or Candidates for On-Reserve or Off-Reserve Councillors, which names shall be listed on the ballot papers in alphabetical order.

 

 

Candidate Withdrawal

 

  1. Any Candidate may withdraw at any time after the filing of his or her Nomination Papers with the Electoral Officer, but not later than forty-eight (48) hours before the time of the opening of the Poll, by filing with the Electoral Officer a written withdrawal of his or her nomination, signed by the Candidate in the presence of the Electoral Officer, a justice of the peace, a notary public or a commissioner of oaths, and any votes cast for any such Candidate shall be null and void.

 

The Poll

 

  • All Polls shall be held on the Reserve, except the Advance Poll.
  • The Electoral Officer shall procure or cause to be procured as many ballot boxes as required, and shall cause to be prepared a sufficient number of ballot papers for the purpose of the Band Election.
  • The Electoral Officer shall, before the Poll is open, cause to be delivered to the Deputy Electoral Officer the ballot papers, materials for marking the ballot papers, and a sufficient number of directions for voting.
  • The Electoral Officer or his Deputy Electoral Officer shall provide a compartment at each polling place where the Electors can mark their ballot papers away from observation, and the Electoral Officer may appoint a constable to maintain order at such polling place.
  • The Poll shall be kept open from 12:00 p.m. until 8:00 p.m. of the same day, but where it appears to the Electoral Officer that it would be inconvenient to the Electors to have the poll closed at 8:00 p.m., the Electoral Officer may order that it be kept open until not later than 10:00 p.m. of the same day.
  • A Candidate may authorize a maximum of two persons to serve as his or her Agent during the Poll. An Agent must present, upon request, to the Electoral Officer, written verification signed by the Candidate that he or she has been authorized to serve as the Candidate’s Agent.
  • A Candidate shall be entitled to not more than two Agents in a polling place at any one time.
  • Voting at all Band Elections shall be by secret ballot in the manner set forth in these Custom Election Rules.
  • The Electoral Officer or his Deputy Electoral Officer shall, immediately before the commencement of the Poll, open the ballot box and call such persons as may be present to witness that it is empty; the Electoral Officer shall then lock and properly seal the box to prevent it being opened without breaking the seal and shall place it in view for the reception of the ballots, and the seal shall not be broken nor the box unlocked during the time appointed for taking the Poll.
  • In the case of the Advance Poll, the seal shall not be broken nor the box unlocked until the closure of the Election Poll.

 

Voting

 

  • Where an Elector presents himself for the purpose of voting, the Electoral Officer or Deputy Electoral Officer shall, if satisfied that the name of such person is entered on the Elector’s List at the polling place, provide the Elector with a ballot paper on which to register his or her vote.
  • It shall be within the discretion of the Electoral Officer to request identification from the Elector for the purpose of confirming the identity of the Elector.
  • The Electoral Officer or Deputy Electoral Officer shall, in the appropriate column of the Elector’s List, make a mark opposite the name of every voter receiving a ballot paper.
  • The Electoral Officer or Deputy Electoral Officer may, and when requested to do so shall, explain the mode of voting to a voting Elector.
  • Each Elector receiving a ballot paper shall forthwith proceed to the compartment provided for marking ballots and shall mark his or her ballot paper by placing a cross opposite the name of the Candidate or Candidates for whom he or she desires to vote; the Elector shall then fold the ballot paper so as to conceal the names of the Candidates and the marks on the face of the paper but so as to expose the initials of the Electoral Officer or Deputy Electoral Officer, and on leaving the compartment shall forthwith deliver the ballot paper to the Electoral Officer or Deputy Electoral Officer, who shall, without unfolding the ballot paper, verify his or her initials and at once deposit it in the ballot box in the presence of the Elector and of all other persons entitled to be present in the polling place.
  • While any Elector is in the compartment for the purpose of marking his or her ballot paper, no other person shall, except as provided in section 24.7 be allowed in the same compartment or in any position from which he or she can see the manner in which such Elector marks his or her ballot paper.
  • One person of the Elector’s choice, including the Electoral Officer or Deputy Electoral Officer, shall be permitted to accompany the Elector in the voting booth if the Elector is unable to read or is incapacitated by blindness or other physical cause.
  • The Electoral Officer or the Deputy Electoral Officer shall state in the Elector’s List, in the column for remarks, opposite the name of such Elector the fact that the ballot paper was marked by another person at the request of the Elector, or the fact that another individual accompanied the Elector in the voting booth, along with the name of the other person and the reasons for the request.
  • An Elector who has inadvertently dealt with his or her ballot paper in such a manner that it cannot be conveniently used shall, upon returning it to the Electoral Officer or Deputy Electoral Officer, be entitled to obtain another ballot paper, and the Electoral Officer or Deputy Electoral Officer shall thereupon write the word “cancelled” upon the spoiled ballot paper, preserve it and record the circumstances.
  • Any Elector who has received a ballot paper and who leaves the polling place without delivering the ballot paper to the Electoral Officer or Deputy Electoral Officer, in the manner provided, or if after receiving the ballot paper refuses to vote, shall forfeit his or her right to vote at the Band Election, and the Electoral Officer or Deputy Electoral Officer shall make an entry in the Elector’s List in the column for remarks opposite the name of such Elector to show that he or she received the ballot paper and declined to vote.

 

Close of Poll/Counting of Votes

 

  • Immediately after the close of the Election Poll the Electoral Officer or Deputy Electoral Officer shall, in the presence of such of the Candidates or their Agents as may be present, open the ballot boxes and
  1. examine the ballot papers and reject all ballot papers
    1. that have not been supplied by the Electoral Officer or Deputy Electoral Officer;
    2. by which votes have been given for more Candidates than are to be elected, or
  • upon which anything appears by which the voter can be identified.
  1. declare a ballot paper containing more votes than is permitted for the office in question to be void.
  2. subject to review on recount or on a Band Election appeal, take a note of any objection made by any Candidate or his or her agent to any ballot paper found in the ballot box and decide any questions arising out of the objection;
  3. number such objection and place a corresponding number on the back of the ballot paper with the word “allowed” or “disallowed”, as the case may be, with his or her initials;
  4. count the votes given for each Candidate from the ballot papers not rejected and make a written statement of the number of votes given to each Candidate and the number of ballot papers rejected and not counted by him or her, which shall be then signed by him or her and such other persons authorized to be present as may desire to sign the statement.
    • Immediately after the completion of the counting of votes the Electoral Officer shall publicly declare to be elected the Candidate or Candidates having the highest number of votes in accordance with these Custom Election Rules, and the Electoral Officer shall also post in some conspicuous place a statement signed by him or her showing the number of votes cast for each Candidate.
    • Where it appears that two or more Candidates have equal number of votes, the Electoral Officer shall give a deciding vote for one or more of such Candidates, but the Electoral Officer shall not otherwise be entitled to vote.

 

Disposition of Ballot Papers

 

  • The Electoral Officer shall deposit all ballot papers in an envelope, seal said envelope, initial over the seal of the envelope and shall retain them in his or her possession for eight weeks.
  • At the expiration of the eight-week period referred to in section 26.1, the Electoral Officer shall destroy the ballot papers in the presence of two witnesses who shall make a written declaration that they witnessed the destruction of those papers.

 

Band Election Appeals

 

  • Within 30 days after a Band Election, any candidate of the Band Election or any Elector who gave or tendered his vote at the Band Election who has reasonable grounds for believing that:
  1. there was corrupt practice in connection with the Band Election; or
  2. there was a violation of these Custom Election Rules that might have affected the result of the Band Election; or
  3. an Elector nominated to be a candidate in the Band Election was ineligible to be nominated,

may lodge an appeal by forwarding by registered mail to the Electoral Officer particulars thereof duly verified by affidavit.

  • Where an appeal is received by the Electoral Officer pursuant to section 27.1, that officer shall, within 7 days of the receipt of the appeal, forward a copy of said appeal, together with all supporting documents, by registered mail to each Candidate.
  • Any Candidate may, within 14 days of the receipt of the copy of the appeal forward to the Electoral Officer by registered mail a written answer to the particulars set out in the appeal together with all supporting documents relating thereto duly verified by affidavit.
  • The Electoral Officer may, if the material that has been filed is not adequate for deciding the validity of the Band Election complained of, conduct such further investigation into the matter as the Electoral Officer deems necessary, in such manner as he or she deems expedient.
  • Such investigation may be held by the Electoral Officer or by any person designated by the Electoral Officer for the purpose.
  • Where the Electoral Officer designates a person to hold such an investigation that person shall submit a detailed report of the investigation to the Electoral Officer for his or her consideration.
  • The Electoral Officer may set aside the Band Election of a Chief, an On-Reserve Councillor or an Off-Reserve Councillor if the Electoral Officer is satisfied that:
  1. there was corrupt practice in connection with the Band Election;
  2. there was a violation of these Rules that might have affected the result of the Band Election; or
  3. an Elector nominated to be a candidate in the Band Election was ineligible to be nominated in accordance with these Rules.

 

Secrecy of Voting

 

  • Every person in attendance at a polling place or at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting.
  • No person shall interfere or attempt to interfere with an Elector when marking his or her ballot paper or obtain or attempt to obtain at the polling place information as to how an Elector is about to vote or has voted.

 

Tenure of Office

 

  • Subject to this section, the Chief and the On-Reserve and Off-Reserve Councillors shall hold office for three (3) years from the date of his or her Band Election, unless the Chief or Councillor is elected pursuant to a Band By-Election, in which case the Chief or Councillor shall hold office for the remainder of the term associated with the Council position being filled.
  • The term in office of the incumbent Chief at the time of the adoption of this amended Custom Election Code shall be extended to allow the next following election for Chief to occur at the same time as the election for Councillors that occurs closest to the end of said Chief’s term in office. In any event, the term in office of said Chief shall not exceed three years and three months. The election of the Chief and On-Reserve and Off-Reserve Coucillors shall hereafter take place at the same time.
  • The term in office of the Off-Reserve Councillor elected following the adoption of the wholly amended Custom Code (June 25, 2001) shall end at the same date in June, 2002 as the On-Reserve Councillors, to allow the term of office for all Councillors to begin and end at the same time thereafter.
  • The Council shall appoint and authorize an Electoral Officer prior to the end of the term of office for any member of Council and at the latest three weeks prior to the end of the Council member’s term of office and shall instruct the Electoral Officer to post a Notice of Nomination Meeting in accordance with these Custom Election Rules.
  • A newly elected Chief, On-Reserve Councillor or Off-Reserve Councillor shall take office on the one week anniversary of the Band Election, but may take office at an earlier date if it is agreed by both the outgoing member of Council and the newly elected member of Council.
  • The office of the Chief, On-Reserve Councillor or Off-Reserve Councillor becomes vacant when the person who holds office:
  1. is convicted of an indictable offense under the Criminal Code of Canada;
  2. dies or resigns his or her office; or
  3. is or becomes ineligible to hold office by virtue of any provision of these Custom Election Rules.
    • The office of the Chief or On-Reserve Councillor becomes vacant when the person who holds office becomes ordinarily resident off the Reserve.
    • The office of the Off-Reserve Councillor becomes vacant when the person who holds office becomes ordinarily resident on the Reserve.
    • Where the office of the Chief, On-Reserve Councillor or Off-Reserve Councillor becomes vacant more than three months before the date when another Band Election would ordinarily be held, a special Band By-Election may be held in accordance with these Custom Election Rules to fill the vacancy.
    • Where the office of the Chief, On-Reserve Councillor or Off-Reserve Councillor becomes vacant more than six months before the date when another Band Election would ordinarily be held, a special Band By-Election must be held in accordance with these Custom Election Rules to fill the vacancy.
    • Any Candidate elected in a By-Election for the office of Chief, On-Reserve Councillor or Off-Reserve Councillor shall only be entitled to complete the remaining term of office for the position in question.

 

 

Penalty

 

  1. Every person who violates any of the provisions of these Rules is subject to such penalty as may be set out in a Band Council by-law for this purpose pursuant to Section 81 of the Indian Act, R.S.C. 1985, c. I-5.

 

Amendments

 

  • The provisions found in these Custom Election Rules may be added to, repealed or amended with the consent of seventy-five percent (75%) of the Electors in attendance at a Lennox Island Band meeting for which at least three (3) months notice was provided; provided that there is a quorum of at least fifty (50) Electors present at said Lennox Island Band meeting.
  • The Notice of Amendment Vote shall, at a minimum, contain the following information:
  1. the date, time and location on the Reserve of the vote to amend or repeal a provision or provisions of these Custom Election Rules; and
  2. either the list of Electors eligible to vote on the proposed amendment(s), or instructions as to how a copy of the said list can be obtained or viewed; and
  3. the internet address of the Lennox Island Band Web Page; and
  4. either a copy of the proposed amendment(s) or a summary of the proposed amendment(s) along with instructions as to how a complete copy of the proposed amendment(s) can be obtained or viewed

31.3     The Notice of Amendment Vote shall be posted as follows:

  1. in one or more conspicuous places on the Reserve; and
  2. in the Guardian Newspaper, for a minimum of two days, with the first notice being in an edition at least three (3) months prior to the date of the Amendment Vote and an additional notice being in an edition between two and four weeks prior to the Amendment Vote; and
  3. in the Journal Pioneer Newspaper, for a minimum of two days, with the first notice being in an edition at least three (3) months prior to the date of the Amendment Vote and an additional notice being in an edition between two and four weeks prior to the Amendment Vote; and
  4. on the Lennox Island Band Web Page; and
  5. any other location that the Council deems appropriate.

 

 

 

Citation

 

  1. These Custom Election Rules may be cited as the Lennox Island Band Custom Election Code.

 

Postponement of Nomination Meeting, Band Election or Amendment Vote

 

  • If a death occurs in the Lennox Island community from the date of the posting of the Notice of Nomination Meeting to the date of the Election Poll it shall be within the discretion of the Electoral Officer to postpone the Nomination Meeting or the Election Poll to the next day following the funeral or memorial service or to another date deemed to be appropriate by the Electoral Officer.
  • It shall be within the discretion of the Electoral Officer to reschedule a Nomination Meeting or an Election Poll to the next following day or to another date deemed appropriate by the Electoral Officer when, in the opinion of the Electoral Officer, the weather conditions pose a risk to the Electors.
  • Where an Electoral Officer postpones a Nomination Meeting or an Election Poll for any of the reasons permitted in accordance with these Custom Election Rules the Electoral Officer shall ensure that sufficient notice is provided for the rescheduled Nomination Meeting or Election Poll.
  • Where a death occurs in the Lennox Island community within one (1) week of an Amendment Vote or where the weather on the date of the Amendment Vote is deemed by the Council to pose a risk to the Electors, the Council may reschedule the Amendment Vote to the next following day or to another date deemed appropriate by the Council.
  • Where the Council postpones an Amendment Vote for any of the reasons permitted in accordance with these Custom Election Rules they shall ensure that sufficient notice is provided for the rescheduled Amendment Vote.
  • Where a Nomination Meeting, an Election Poll or an Amendment Vote is postponed in accordance with these Custom Election Rules to the next following day, notice provided on the original date for the Nomination Meeting, Election Poll or Amendment Vote shall be deemed to be sufficient.

 


SCHEDULE “A”

GUIDELINES FOR DETERMINING

RESIDENCY FOR THE PURPOSES OF BAND ELECTIONS

 

 

These guidelines are to assist you in your task as Electoral Officer should the questions of residency arise during either the Nomination Meeting or the Band Election.

 

  1. A. An Elector who is away from the Reserve for educational or training reasons and who intends to return to the Reserve (especially where family is on the Reserve) is considered ordinarily resident on the Reserve for Band Election purposes.

 

  1. B. An Elector who has a house on the Reserve and moves either alone or with his or her family to a seasonal type job off the Reserve but who intends to return to the Reserve at the end of his or her seasonal employment is considered ordinarily resident on the Reserve. The same guideline applies to the members of the Elector’s family.

 

But

 

  1. C. An Elector with a full time job off the Reserve, who maintains his or her primary residence off the Reserve, is considered to be ordinarily resident off the Reserve for Band Election purposes, no matter how frequently he or she visits the Reserve.

 

  1. D. An Elector who is separated from his or her family which is on the Reserve, and who maintains his or her primary residence off the Reserve, is considered to be ordinarily resident off the Reserve for Band Election purposes.

 

  1. E. An Elector who maintains his or her primary residence off the Reserve and who returns to the Reserve for short visits with friends or relatives are considered to be ordinarily resident off the Reserve for Band Election purposes.