Draft Election Code Updated Dec 2

8/14/2019 Draft Election Code Updated Dec 2

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Amending the Indian Bands Council ElectionsOrder (Cowichan Tribes)

Whereas, by Order in Council P.C. 19524283 of October 15, 1952, it was

declared that the council of the Cowichan Band, in British Columbia, shall be

selected by elections to be held in accordance with the Indian Act

Whereas the band has developed its own election code and a local

community electoral system for selecting a chief and councilors;

Whereas conversion to a local community electoral system would betterserve the needs of the band;

And whereas the Minister of Indian Affairs and Northern Development no

longer deems it advisable for the good government of the band that thecouncil of the band be selected by elections to be held in accordance with

the Indian Act;

Therefore, the Minister of Indian Affairs and Northern Development,pursuant to subsection 74(1) of the Indian Act, hereby makes the annexed

Order Amending the Indian Bands Council Elections Order (Cowichan).

Date Minister of Indian Affairs


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DRAFT

COWICHAN TRIBES

ELECTION CODE

Revised December 2, 2009 Page 2 of 37


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TABLE OF CONTENTS

Quwutsun Declaration 6

Part 1 Title 8

Part 2 Interpretation 8

Part 3 Cowichan Tribes Council 10

Composition and Size 10Meetings 10Order and Proceedings 11Term of Office 13Election of Term of Chief 13Vacancy 14

Part 4 Removal of Council Members from Office 14

Procedure 15

Part 5 Pre-nomination Procedure 16

Appointment of an Electoral Officer 16Oath of Office 16Responsibilities and Ethics 16Voters List 18Appointment of Deputies and Interpreters 20

Part 6 Nomination Procedure 20

Eligibility of Nominate 21Nomination Meeting 21Duration 22Maintaining Order and Security 22



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Nomination Procedure 22

Part 7 Candidacy 23

Withdrawal 24

Part 8 Pre Election Procedure 24

Acclamation 24Ballots 24Notice of Election 24Mail In Ballots 25Equipment for Elections 27Polling Stations 27

Part 9 Election Procedure 27

Polling Hours 27Candidates Agent 27Verification of the Ballot Box 28Secrecy and Security 28Voting Procedure 28Voting Irregularities 29

Closing of the Polls 30

Part 10 Voting, Counting and Reporting 30

Opening Mail in Ballots 30Counting the Ballots 30Equal Number of Votes 31

Part 11 Post Election Procedures 31

Announcement 31Retention of Ballots and Other Election Material 32Chief and Councilor Oath of Office 32



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Part 12 Complaint and Appeal Process 32

Composition 32Functions 34

Part 13 Appeal Mechanism 33

Timing 34Grounds for Appeals 34Submission 34Procedure 34

Response to the Allegations 34Investigation 35Decision 35

Part 14 Amendments 36

Part 15 General 37

Appendices



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QUWUTSUN DECLARATION

Lhimulth Quwutsun mustimuhw

Tun-ni tthu syuth-tst, syuwentst, nilh Xeels,

Niyuxtsestum tthu Quwutsun u tthu stlulnups.

Ò nilh tsu tthu Quw ustsun musimuhw ò xets òstsewul-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 tthuxwtenhakwushus 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.

U-wu tumtem-us I nitst tsmemt, hwayum, aanlh

kws kwun-utewut tuna stlulnuptst.

Quwutsun mustimuhw o yath o lelumiut tthu saalh tumuwh.

Quwutsun mustimuhw oTtlimat.

Quwutsun mustimuhw o Nustsamat.



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COWICHAN DECLARATION

We are Cowichan Peoples.

We have a true history of teachings and spirituality that sustains us.

The Cowichan were gifted and bestowed our ancient lands and territory.

It is our true history that our ancestors were the

first ones dropped on our lands

It is what the First People had, the laws/traditional knowledge and the

spiritual ceremonies. They were born into the world carrying

this gift to help and pass on to the people for all generations.

Cowichan peoples 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.

Cowichan Peoples are given the responsibility to look afterwhat we have been given from the creator.

Cowichan have inherent rights that still exist today.

All Cowichan people are important and respected

We all together one strong Cowichan people.

Note: the elders are continuing the work of finalizing this declaration



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

Part 1 TITLE

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

Part 2 INTERPRETATIONS

In this Code:

2.1 appeal and complaints tribunal means the body appointed in accordance with Part 12 ofthis Code to review and make decisions concerning election appeals and removal from office.

2.2 ballot means a document in use at the poll to determine an electors selection for Chief andCouncillors of the Cowichan Tribes Council.

2.3 by-election means a special election to fill the position of Chief that has become vacant

2.4 candidate means a Cowichan member who:

(a) is at least 18 years of age on the day on which the nomination meeting is held;

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



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(c) has been nominated to be a candidate pursuant to the provisions of this code.

(there has been some feedback to have the minimum age requirement raised to 25, butthat could eliminate a significant percentage of our population it also raises the

question that in terms of leadership development is a it good idea to restrict a section ofour community from participating in the process)

2.5 chief means the member of the Cowichan Tribes elected pursuant to this code to the officeof chief to act as the primary spokesperson and paramount political leader of the Cowichan

Tribes Chief and Council.

2.6 councilor means a member of the Cowichan Tribes elected as a councilor pursuant to theprovisions of this Code.

2.7 Cowichan Tribes Council mean those candidates elected to the position of chief or

council pursuant to an election held in accordance with this Code.

2.8 criminal offence means a conviction of an indictable offence pursuant to the CriminalCode (Canada) R.S.C. 1985, c. C-46, as amended from time to time. For the purposes of this

Code a candidate whom has obtained a pardon is not deemed to have a criminal offense.

2.9 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 a Cowichan Tribes election.

2.10 election means a vote of the members of the Cowichan Tribes to elect the chief andcouncilors of the Cowichan Tribes held pursuant to the provisions of this Code.

2.11 elector means a person who is a member of the Cowichan Tribes and is 18 years of ageor older on the date of the election.

2.12 electoral officer is a person who is not a member of the Cowichan Tribes, who is over 18years of age, and who does not have a vested interest in the outcome of the election, and has

been appointed by a band council resolution.

2.13 member means any person who is or is entitled to be registered as a member ofCowichan Tribes.

2.14 mail-in ballot means a ballot mailed or delivered in accordance with Part 8 of this code

2.15 membership list means a listing of all those persons that are registered as a member ofCowichan Tribes.

2.16 nominee means a member of Cowichan Tribes who has been nominated for office.



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

Note 2.18 requiring a residency requirement to be living within the traditional territory has

been deleted in this draft as it would have not included members living in either Naniamo or

Victoria. Question to be decided is there a need for some form of residency requirement.

2.18 polling station means a building, hall or room which is selected as the site at whichvoting takes place.

2.19 rejected ballots means those ballots that have been improperly marked and/or defaced byelector(s) which are not included in the tally of valid ballots cast during the counting of the votes.

2.21voter declaration form means a document that sets out, or provides for:

(a) the name of the elector;

(b) the band membership or registry number of the elector or, if the elector does not havea band 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.

2.22 Voters List means a current listing of all eligible electors of the Cowichan Tribes.

Part 3 Cowichan Tribes Council

Composition and Size

3.1 The council shall consist of one chief and 12 councilors

There has been some feedback that the number of councilors should be reduced. The

argument being that it would make government less top heavy, and councilors could take on

more responsibility without impacting administrative budgets.

Meetings

3.2 The first meeting of the 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, andmeetings shall thereafter be held on such days and at such times as may be necessary for the

business of the council or the affairs of the band.



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3.3 No member of the council may be absent from meetings of council for three consecutive

meetings without a valid reason.

3.4 The chief and quorum of the council can summon a special meeting of the council.

3.5 The secretary to the council shall notify each member of the council of the day, hour and

place of each meeting of the council.

Order and Proceedings

3.6 A majority of the whole council shall constitute a quorum.

3.7 If no quorum is present within 30 minutes after the time appointed for the meeting, the

secretary shall call the roll and take the names of the members of council then present and

council shall stand adjourned until the next meeting.

3.8 The chief of the band shall be the chair at meetings of council.

3.10 Upon a quorum being present, the chair shall take the chair and call the meeting to order.

3.11 In the absence of the chief, a chairman shall be chosen from among the councilors

present until his arrival.

3.12 The chair shall maintain order and decide all questions of procedure.

3.13 The order of business at each regular meeting of the council shall be as follows:

(a) reading, correction (if any) and adoption of the minutes of the previous meeting;

(b) unfinished business;

(c) presentation and reading of correspondence and petitions;

(d) presentation and consideration of reports of committees;

(e) new business;

(f) hearing community petitions and delegation from community and non-community; and

(g) adjournment.

3.14 Each resolution shall be presented or read by the mover, and when duly moved and

seconded and placed before the meeting by the chair, shall be open for consideration.



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3.15 After a resolution has been placed before the meeting by the presiding councilor, it shall

be deemed to be in the possession of the council, but it may be withdrawn by consent of the

majority of the council members present.

3.16 When any council member desires to speak, he shall address his remarks to the chair and

confine himself to the question then before the meeting.

3.17 In the event of more than one council member desiring to speak at one time, the chair

shall determine who is entitled to speak.

3.18 The chair or any council member may call a council member to order while speaking,

and the debate shall then be suspended and the council member shall not speak until the

point of order is determined.

3.19 A council member may speak only once on a point of order.

3.20 Any member of the council may appeal the decision of procedure by the chair to thecouncil and all appeals shall be decided by a majority vote and without debate.

3.21 All questions before the council shall be decided by majority vote of the councilors

present.

3.22 The chair is not required to vote unless the votes in favour and against the measure areequal, in which case the chair shall cast the deciding vote.

3.23 Every member present when a question is put shall vote thereon unless the councilexcuses him or her or unless he or she is personally interested in the question, in which case

he or she shall declare his or her interest in which case they are required to refrain from

voting.

3.24 If a council member does not declare a conflict, but it is declared to be in conflict by

another council member or the General Manager, whether or they shall be required to refrainfrom voting shall be decided by a majority vote of the council whom shall be guided by the

attached Conflict of Interest regulations.

3.25 A member of the council who refuses to vote shall be deemed to vote in the affirmative.

3.26 Whenever a division of the council is taken for any purpose, each council member

present and voting shall announce his or her vote upon the question openly and individuallyto the council and, when so requested by any member, the secretary shall record it.

3.27 Any member may require the question or resolution under discussion to be read for hisor her information at any period of the debate, but not so as to interrupt a member who is

speaking.



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3.28 The regular meetings of the council shall be open to members of the band, and no

member shall be excluded from a regular meeting except for improper conduct.

3.29 The chair may expel or exclude from any meeting any person who causes a disturbance

at the meeting.

3.30 The council may, at its first meeting, appoint in lieu of the committee of the whole

council standing committees

3.30 The council may appoint special committees on any matters as the interests of the band may

require.

3.31 A majority of the members of a committee shall be a quorum.

3.32 The chief shall be an ex officio member of all committees and be entitled to vote at all

committee meetings, and other members of the council may attend meetings of a committee

and may with the consent of the committee take part in the discussion but shall not beentitled to vote.

3.33 The general duties of standing and special committees are:

(a) to report to the council from time to time as often as the interests of the band may require,

all matters connected with the duties imposed on them and recommend such action bythe council in relation to those duties as they may deem necessary and expedient; and

(b)to consider and report upon all matters referred to them by the council or by the chief ofthe band.

3.34 Special meeting of committees shall be called at the request of the chairman or amajority of the committee or, in the absence of the chairman, on request of the chief of the

band.

Term of Office

3.35 The term of office for the position of chief and councilor shall not exceed 3 years

The initial intent was to increase the term to 4 years from the Indian Act 2 year term.Community feedback appears evenly split on the issue, suggested compromise is to optfor a 3 year term.

3.36 Council shall, by band council resolution, establish the date on which the election is tobe held, which must be no sooner than 100 days prior, and no later than 10 days following,

the end of the term of office of the council.

Election and Term of Chief



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3.37 The first election of chief and councilors shall take place on XXXX

3.38 Subject this Code, subsequent election for chief and councilors shall take place on the

second XXXX in December every four years beginning in the year, 2015.

Vacancy

3.36. A vacancy of office shall result if the Chief or Councillor:

(a) dies;

(b) submits a written resignation to the Cowichan Tribes Council;

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

illness or other incapacity;

(d) is removed from office in accordance with Part 4; or

(e) is unable to fulfill the terms of office.

3.37 If a vacancy occurs on Cowichan Tribes Council, the vacancy shall be filled by the

candidate who is still eligible to hold office and who received the highest number of votesamong the unsuccessful candidates in the election in which the person who is being replaced

was elected. If there is a subsequent vacancy, it shall be filled by the candidate who is still

eligible to hold office and who received the next highest number of votes among theunsuccessful candidates.

3.38 Unless otherwise decided by Council, where the Office of Chief becomes vacant more than

six (6) months before the date when another election would ordinarily be held a special

election shall be held in accordance with these procedures to fill that vacancy.

Part 4 Removal of Council Members from Office

4.1 The chief or a councilor may be removed from office if he or she:

a) violates this code or oath of office as set out in the schedule;

b) fails to attend three consecutive regular meetings of council without a reasonableexcuse;

c) fails to maintain a standard of conduct expected of a member of council;



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d) has been convicted of an indictable offence since his or her election;

e) accepts or offers a bribe, forges a council document or otherwise acts dishonestly in hisor her role;

f) is negligent in failing to ensure the safety and protection of the communitys membersand property;

g) uses his or her office for personal financial gain or for the financial benefit of membersof his or her family to the detriment of the council or the band as a whole;

h) displays total disregard to thesyuwentst(teachings/traditions) of the Cowichan people;

i) engages in such other conduct as may be determined by council to be of such a serious

nature that the removal is necessary and appropriate.

Procedure

4.2 Proceedings to declare a person ineligible to continue to hold the office of chief or councilor

shall be initiated by:

(a) any elector submitting to the Complaints and Appeal Board a petition on which shall

appear:

i. the ground pursuant to section 4.1 on which removal of a chief or councilor

is sought;

ii. the evidence in support of the petition;

iii. the signature of the petitioner; and

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

of the petition.

(b)a two-thirds (2/3) majority of council members passing a band council resolution and

submitting a petition to the Complaints and Appeal Board on which shall appear:

i. the ground pursuant to section 4.1 on which removal of a chief or councilor

is sought;

ii. the evidence in support of the resolution; and

iii. the signatures of all council members who voted for the removal.



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4.3 On receipt of a petition, the Complaints and Appeal Board shall verify that the petition

complies with section 4.2. If the petition does not comply, the Complaints and Appeal Board

shall so notify the petitioner(s).

4.4 In a case where the petition complies with section 4.2, the Complaints and Appeal Board

shall:

(a) determine that the grounds put forth in the petition are either frivolous in nature or

unsubstantiated, and dismiss the petition; or

(b) schedule a review hearing, which shall take place within 20 days from the date on which

the petition was submitted to the board.

4.5 In a case where the petition has been dismissed under 4.8, the Complaints and Appeal Board

shall so inform the petitioner(s) in writing and provide a rationale.

4.6 In a case where the Complaints and Appeal Board schedules a hearing under 4.4(b), theboard shall send a written notice of the hearing by registered mail to council, the petitioner(s)

and the council member who is the subject of the petition for removal.

4.7 The written notice described in section 4.5 shall set out:

(a) the nature of the hearing and all related particulars;

(b) the date, time and location of the hearing; and

(c) a statement that the petitioner(s), any member of council or the council member who is

the 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.

4.8 The Complaints and Appeal Board shall conduct a hearing at the time and place set out in the

notice provided under section 4.7.

4.9 Within 5 days of the day on which the hearing under section 4.8 is held, the Complaints and

Appeal Board shall rule:

(a) that the petition shall be allowed to stand, and declare the council position of the member

of council who is the subject of the petition to be vacant; or

(b) that the petition is dismissed.

4.10 The Complaints and Appeal Board shall send, by registered mail, a written notice of theruling made under section 4.9 to council, the petitioner(s) and the council member who is the

subject of the petition for removal.



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4.11 The decision of the Complaints and Appeal Board made under section 4.10 is final and

binding upon all parties.

Part 5 Pre-nomination Procedure

Appointment of an Electoral Officer

5.1 The electoral officer shall be appointed by a band council resolution not less than 30 days

before the expiration of the councils term of office.

5.2 If an electoral officer has not been appointed within the time set out in section 5.1, the

electoral officer shall be appointed by the band manager as soon as possible.

5.3 The electoral officer must be a person who:

(a) is not a member of the band;

(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 elections or has received appropriate training.

5.4 In the event that the electoral officer cannot fulfill his duties, an existing deputy electoral

officer shall be appointed by a band council resolution, to undertake the duties of theelectoral officer. In the absence of an existing deputy electoral officer, the council shallappoint a new electoral officer.

Oath of Office

5.5 The electoral officer must swear an oath to uphold the office in accordance with s. 5.24.

Responsibilities and Ethics

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

and post-electoral processes and procedures included in this code. The electoral officer must:

(a) uphold and abide by the rules and regulations established in this code;

(b) remain neutral and professional in the conduct of the duties of his or her office, and

refrain from providing any preferential treatment or expressing support for or opposition

to any candidate;



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(c) not accept anything of value (including but not limited to money, offers of employment,

gifts, travel) in exchange for preferential treatment or access to public official or non-

public information;

(d) not discriminate against anyone because of race, religion, sex, age or handicap;

(e) use public office facilities to fulfill the terms of his office, and not for personal or

partisan benefit;

(f) not pressure or intimidate other officials or personnel to favour a certain candidate; and

(h) avoid conflicts of interest, or the appearance of conflicts of interest, by abstaining from

decision making where the electoral officer has a personal or private interest in thematter at issue.

Voters List

5.7 At least 79 days before the day on which an election is to be held, the electoral officer shall

obtain the names, band membership numbers and dates of birth of all band members whowill have attained the age of 18 years on the date on which the election is to be held.

5.8 The Registrar shall, no later than 79 days before the date on which the election is to be

held, provide the electoral officer with the last known addresses, if any, of all electors whodo not reside on the reserve.

5.9 Electors are responsible for providing the Registrar with their current addresses.

5.10 An electors address shall be used by the electoral officer only for the purpose of

providing notices, mail-in ballots or other election documents to electors who are entitledto receive them under this code.

5.11 Except for the purposes noted in section 5.9, the electoral officer shall not disclose anelectors address without the consent of the elector.

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

of the names and addresses of electors who have consented to have their addressesdisclosed to candidates.

5.13 At least 79 days before the day on which an election is to be held, the electoral officershall prepare a voters list containing the names of all of the electors in alphabetical order.

5.14 The electoral officer shall post the voters list in a public area of the band administrationbuilding and in such other conspicuous places on the reserve as may be determined by the

electoral officer, no later than 72 days prior to the date on which the election is to be held.



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5.15 On request, the electoral officer or deputy electoral officer shall confirm whether the

name of a person is on the voters list.

5.16 The electoral officer shall revise the voters list upon presentation of documentary

evidence which 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.

5.17 A person, or an elector acting on his behalf, may, no later than 2 days prior to the date on

which an election is to be held, demonstrate that the name of an elector has been omitted

from or incorrectly set out in the voters list by presenting in writing to the electoral officer

evidence from the Registrar that the elector:

(a) is entitled to have his name entered on the band list;

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

(c) is qualified to vote in band elections.

5.18 A person may demonstrate that the name of a person not qualified to vote has been

included in the voters list by presenting in writing to the electoral officer, no later than 15days prior to the date on which an election is to be held, evidence that the person:

(a) is neither on the band list nor entitled to have his name entered on the band list;

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

(c) is not qualified to vote in band elections.

5.18 Where the electoral officer believes or has information that a person whose name is on the

voters list is not an elector, or where, in accordance with section 5.17, an electordemonstrates to the electoral officer that the name of a person not qualified to vote

appears on the voters list, the electoral officer shall give written notice to the person

whose eligibility is challenged at least 10 days prior to the date on which the election is tobe held.

5.19 The notice given under section 5.18 shall include the reasons for seeking the removal ofthe name 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 received as soon as it is

practical prior to the date on which the election is to be held.



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

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

whether persons qualify as electors.

5.21 The decision of the electoral officer under section 5.21 is final and is not subject to

appeal.

5.22 A person whose name does not appear on the voters list shall be entitled to vote on

election day, provided he presents documentary proof to the electoral officerdemonstrating his qualifications as an elector to the electoral officers satisfaction.

Appointment of Deputies and Interpreters

5.21 The electoral officer shall appoint deputies and interpreters as he or she deems necessary,

who shall work under his or her direction.

5.22 The deputy electoral officer shall have such powers as described in this code as well as

those powers of the electoral officer as delegated to the deputy by the electoral officer.

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

5.24 Every deputy electoral officer shall swear an oath of office to:

(a) uphold and comply with this code, the Code of Ethics and all the laws of the community;

(b) fulfill the duties and responsibilities of his office under this code;

(c) carry out his or her duties faithfully, honestly, impartially and to the best of his abilities;

(d) keep confidential, both during and after his or her term of office, any matter or

information which, under this code, community law or policy, that is consideredconfidential; and

(e) always act in the best interests of the community in carrying out his or her duties.

5.27 The electoral officer may make such orders and issue such instructions consistent

with the provisions of this code as he may deem necessary for the effective

administration of the election.

Part 6 Nomination Procedure



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

meeting is to be held, post a notice of nomination meeting in at least one conspicuous place

on the reserve.

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

meeting is to be held, mail a notice of the nomination meeting and a voter declaration formto every elector who does not reside on the reserve in respect of whom the electoral officer

has been provided with, or has been able to obtain, an address.

6.3 A notice of a nomination meeting shall include:

(a) the date, time, duration and location of the nomination meeting;

(b)the date on which the election will be held and the location of each polling place;

(c) the name and phone number of the electoral officer;

(d)the statement that any voter may vote by mail-in ballot;

(e) a description of the manner in which an elector can nominate a candidate, or second the

nomination of a candidate; and

(f) the statement that, if the elector wants to receive information from candidates, the electorcan agree to have his or her address released to the candidates.

6.4 The electoral officer shall record the names of the electors to whom a notice of thenomination meeting was mailed, the addresses of those electors, and the date on which the

notices were mailed

Eligibility to Nominate

6.5 In order to be entitled to nominate a candidate at an election, an elector must, on the day of

the nomination meeting:

(a) be at least 18 years of age; and

(b)be included on the voters list.

6.6 Subject to section 6.5, any elector may propose or second the nomination of any qualified

person to serve as the chief or councilor:

(a) by delivering or mailing a written nomination and a completed, signed and witnessed

voter declaration form to the electoral officer before the time set for the nomination

meeting; or



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(b)orally, at the nomination meeting.

Nomination Meeting

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

election is to be held.

6.8 At the time and place set for the nomination meeting, the electoral officer shall declare the

nomination meeting open for the purpose of receiving the nomination of candidates for theavailable council positions.

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

6.10 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 98(a).

Duration

6.11 The nomination meeting shall remain open for at least 3 hours.

Maintaining Order and Security

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

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

interfering with the proceedings.

Nomination Procedure

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

the nomination meeting is void.

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

seconder and confirm to those present at the meeting that the proposed candidate is

eligible to be elected to the position of chief or councilor of the band.

6.15 A person present at a nomination meeting who is eligible to do so may second the

nomination of any person nominated in writing.

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

nomination shall constitute a secondment of the first nomination.

6.17 Any elector may nominate or second no more than; one eligible person for the office of

chief, and the number of eligible persons equivalent to the vacancies for the office of

councilor.



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6.18 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 beelected;

(b) if the number of persons nominated to serve as councilors does not exceed the number tobe elected, declare those persons to be elected; and

(c) where more than the required number of persons is nominated for election as chief orcouncilors, announce that an election will be held.

6.19 On the day following the nomination meeting, the electoral officer shall post in at least one

conspicuous place on the reserve a list of nominees, their nominators and seconders and theoffices for which they are nominated.

Part 7 Candidacy

7.1 Only electors who meet the requirements of a candidate as set out in this code may be

nominated as a candidate.

7.2 If the nominee is present at the nomination meeting, he or she shall sign the following

documents:

a) A notice of acceptance of nominations; and

b) A declaration confirming their eligibility as a candidate.

7.3 A candidate may be nominated for the positions of both chief and councilor. If the candidate

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

7.4 A person is not disqualified from nomination for the office or chief or councilors by reason

only of being an employee of the Cowichan Tribes. If the person is elected as either Chief or

Councillor, he or she must resign as a Cowichan Tribes employee before taking office.

Rules preventing employees from running or holding office are by no means universal in

custom codes. Some communities actively encourage their employees to run for officebecause of their knowledge and expertise. Other First Nations, fearing their elected leaderswould fast find themselves dealing with conflict of interest set out provisions in their codeto deal with this situation; others also establish guidelines in conflict of interest regulationsoutside the custom code.



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An important consideration when looking at whether employees must resign or take anunpaid leave if elected is how well chief and councilors are compensated compared to staffmembers. Would this provision also include persons under contract?

7.5 A nominee not present at the nomination meeting shall file the documents required undersection 7.2 with the election officer within 96 hours after the end of the nomination meeting.

Withdrawal

7.6 A candidate may withdraw his or her candidacy within 5 days of the date on which the

nomination meeting was held by submitting a written withdrawal of nomination to theElectoral Officer.

7.7 A candidate who dies before the close of the polls shall be considered to have withdrawn his

or her candidacy.

Part 8 Pre-Election Procedure

Acclamation

8.1 Where the office of chief and all offices of councilor are filled by acclamation:

(a) the electoral officer shall post in at least one conspicuous place on the reserve, and mailto every elector who does not reside on the reserve, a notice that sets out the names of

the persons who have been acclaimed and states that an election will not be held; and

(b) the remainder of Part 8 shall not apply.

Ballots

8.2 The electoral officer shall prepare ballot papers setting out:

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

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



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Notice of the Election

8.3 The election shall be held at least 42 days after the day on which the nomination meeting

was held.

8.4 The electoral officer shall, within 3 days after the day on which the nomination meeting

was held, post a notice of election in at least one conspicuous place on the reserve.

8.5 The notice 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; and

(e) a statement that the voters list is posted for public viewing and its location.

Mail in Ballots

8.6 The electoral officer shall, at least 35 days prior to the date on which the election is to beheld, mail to every elector who is not ordinarily resident within the traditional territory and

to every elector whose request to vote by mail-in ballot has been received, a mail-in ballot

package consisting of:

(a) a ballot initialed on the back by the electoral officer;

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

(c) a second inner envelope marked ballot for insertion of the completed ballot;

(d) an voter declaration form which shall set out:

i) the name of the elector;

ii) the membership number and date of birth of the elector; and

iii) the name, address and telephone number of the witness to the signature of the elector;

(e) the notice of election set out in section 8.5; and

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



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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 the pollingstation or swear a written declaration 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.

8.7 An elector who is ordinarily resident within the traditional territory and who is unable to vote

in person on election day may, at least 10 days prior to the date on which the election is to be

held, request a mail-in ballot package from the electoral officer.

8.8 An elector not residing within the traditional territory who has not received a mail-in ballot

package may, not later than 10 days prior to the date on which the election is to be held,

request a mail-in ballot package from the electoral officer.

8.9 Upon receipt of a request for a mail-in ballot package under section 8.7 or 8.8 the electoral

officer shall mail or deliver a mail-in ballot package described in section 8.6 to the electorwho so requests.

8.10 The electoral officer shall indicate on the voters list that a ballot has been provided to each

elector to whom a mail-in ballot was mailed or otherwise provided and keep a record of thedate on which, and the address to which, each mail-in ballot was mailed or otherwise

provided.

8.11 An elector shall vote by mail-in ballot by:

(a) placing an X or other mark that clearly indicates the elector's choice but does notidentify the elector opposite the name of the candidate or candidates for whom he desires

to vote;

(b) folding the ballot in a manner that conceals the names of the candidates or any marks,

but exposes 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.



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8.12 Where an elector is unable to vote in the manner set out in section 8.11, the elector may

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

declaration form in accordance with that section.

8.13 A person referred to in section 8.12 shall attest to:

(a) the fact that the person completing and signing the voter declaration form is the person

whose name is set out in the form; or

(b) the fact that the elector is the person whose name is set out in the form and that the ballot

was marked according to the directions of the elector.

8.14 Mail-in ballots that are not received by the electoral officer before the close of polls on theday of the election shall not be counted.

Equipment for the Election8.15 The electoral officer shall, before the polling station is open, supply the polling station with:

(a) sufficient 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) instruments for marking the ballots;

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

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

(e) the final voters list.

Polling Stations

8.16 The electoral officer will establish at least one polling station on the reserve.

8.17 The electoral officer shall provide a voting compartment in the polling station where

electors can mark their ballots free from observation and the electoral officer may appoint

security to maintain order in the polling station.



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Part 9 ELECTION PROCEDURE

Polling Hours

9.1 On the polling day, the polling station(s) shall be open from 8:00 a.m. and remain open until8:00 p.m. of the same day.

Candidates Agent

9.2 A candidate shall be entitled to not more than two agents in the polling station at any one

time.

9.3 A candidates agent must present a letter of authorization to the electoral officer or the

deputy electoral officer, signed by the candidate, in order to be permitted to remain in the

polling station.

Verification of the Ballot Box

9.4 The Electoral Officer shall, immediately before the commencement of the poll, open the

ballot box and in the presence of witnesses ensures the box is empty. The Electoral Officershall then lock the box to prevent it from being opened and shall place it in view for the

reception of the ballots and the box shall not be unlocked during the time appointed for

taking the poll.

Secrecy and Security

9.5 Voting shall be by secret ballot.

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

9.7 The electoral officer or deputy electoral officer shall maintain order at all times in the polling

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.

9.8 No person shall, on the day the election is held, on the premises of the polling station:

(a) distribute any election-related printed materials except such materials as may bedistributed by the electoral officer or deputy electoral officer 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.



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Voting Procedure

9.9 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 be issued:

a) Two (2) ballots, each of a different colour. One which contains a list of all the candidates

for Chief, and the other which contains a list of all the candidates for Councillors; and

b) Shall have their name marked on the voters list.

9.10 The Electoral Officer or a Deputy Electoral Officer shall initial the back of each ballot

immediately before giving it to an elector.

9.11 Each elector, after receiving a ballot, shall proceed to the place provided for marking

ballots, and shall mark his or her ballot by placing a cross, x, or other mark that clearly

indicates the electors choice, in the space provided on each ballot opposite the name of thecandidate, and shall then deposit the ballot in the ballot box provided.

Voting Irregularities

9.12 At the request of any elector who is unable to vote in the manner set out in Section 9.11the Electoral Officer or Deputy Electoral Officer shall assist the elector by marking his

ballot in the manner directed by the elector in the presence of another elector selected by

the elector as a witness and shall place the ballot in the ballot box.

9.13 The Electoral Officer or Deputy Electoral Officer shall note on the voters list opposite the

name of an elector requiring assistance the fact that he marked the ballot at the request ofthe elector and the reasons.

9.14 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) and preserve it, and the

elector will then be given a fresh ballot.

9.15 An elector who has received a ballot or ballots and who leaves the polling place without

delivering the same to the Electoral Officer or a Deputy Electoral Officer in the manner

provided, or after receiving the ballot(s), refuses to vote, shall forfeit the right to vote atthe election, and the Electoral Officer or a Deputy Electoral Officer shall make an entry

in the voters list in the column for remarks opposite the name of the elector to show that

the elector received ballot(s) and declined to vote.

9.16 If the elector refuses to vote, the Electoral Officer or a Deputy Electoral Officer shall

mark upon the face of the ballot the word declined and all ballots so marked shall be

preserved.



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9.17 Any person who is a Cowichan Tribes member who is at least 18 years of age and

eligible to vote, but whose name does not appear on the voters list, may presentidentification and evidence of membership to be verified by the Electoral Officer or a

Deputy Electoral Officer, and if the Electoral Officer or a Deputy Electoral Officer is

satisfied that the person is eligible to vote pursuant to the Code, the persons name shallbe added to the voters list and the person shall be allowed to vote at the polling station.

Closing of the Polling Station

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

polls are closed.

Part 10 VOTING, COUNTING AND REPORTING

Opening Mail-in Ballots

10.1 At the time published in the notice prepared under section 132 for the counting of the

votes, the electoral officer or deputy electoral officer shall, in the presence of anycandidates or their agents who are present, open each envelope containing a mail-in ballot

that was received before the close of the polls and, without unfolding the 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,

ii) the voter declaration form does not contain a date of birth or a band number that

matches the information contained for that elector on the voters list;

iii) the name of the elector set out in the voter declaration form is not on the voters list; 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 outin the voter declaration form, and deposit the ballot in a ballot box.

Counting the Ballots

10.2. All ballots shall be counted at the time that polling stations are closed and the results posted

within 24 hours after the polls are closed.



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10.3. Immediately following the close of the poll, the Electoral Officer shall, in the presence of

the candidates or their agents, and any elector as may be present, open the ballot box or

boxes, and:

a) Examine the ballots and reject any that are not initialed by the Electoral Officer or a

Deputy Electoral Officer, or any other ballots that, in the Electoral Officers opinion, donot give a clear indication of the electors selections. If any of the ballots have more

votes than there are vacancies for the position, those ballots shall be rejected. All rejected

ballots papers shall be preserved;

b) Reject any ballots upon which have markings by which the elector can be identified;

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

decide any questions arising out of the objections;

d) Number such objections and place a corresponding number on the back of the ballotpaper with the word allowed or disallowed as the case may be with the Elector

Officers initials; and,

e) Count the votes given for each candidate from the ballots not rejected and make a written

statement of the number of votes given to each candidate and of the number of ballots

rejected and not counted by the Electoral Officer, and the statement shall then by signedby the Electoral Officer and other persons authorized to be present as may desire to sign

the statement.

Equal number of votes

10.3. In the event of a tie vote for a Council position, the Electoral Officer shall hold a recountimmediately and this recount shall be final, subject to a successful appeal.

10.4 If it is not possible to determine the successful candidate(s) for either a Chief or Councillorposition 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

presence of all those present in the polling station.

10.5 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 shallcast a vote.

Part 11 Post Election Procedures



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Announcement

11.1 After completing the counting of the votes and establishing the successful candidates, the

electoral officer shall declare to be elected the candidates or candidates having the highest

number of votes.

11.2 Following the declaration of elected candidates made pursuant to section 11.1, the electoral

officer shall complete and sign an election report which shall contain:

(a) the names of all candidates;

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

(c) the number of rejected ballots.

11.3 Within 4 days after completion of the counting of the votes, the electoral officer shall:

(a) sign and post, in at least one conspicuous place on the reserve, the election reportprepared in accordance with section 11.1;

(b) mail a copy of the election report to every elector of the band who does not reside on the

reserve; and

(c) forward a copy of the election report to the band administrator.

Retention of Ballots and Other Election Material

11.4 The electoral officer shall deposit all ballot papers in sealed envelopes, including thoserejected, spoiled and unused, and shall retain these ballots and all materials in connection

with the election.

11.5 All ballots and materials retained in accordance with section 185 shall be retained for 45

days from the date on which the election was held or until a decision on an appeal is

rendered, whichever date is later, after which time the electoral officer may, unless directed

otherwise by the council, destroy them in the presence of two witnesses who shall make adeclaration that they witnessed the destruction of those papers.

Chief and Councillor Oath of Office

11.6 No person elected as chief or councilor shall be permitted to assume office until they have

sworn and filed with the electoral officer an oath of office as found in the Schedule.

Part 12 COMPLAINT AND APPEAL PROCESS



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(a) all election appeals; and

(c) all petitions for the removal of a council member from office.

PART 13 - APPEAL MECHANISM

Timing

13.1 A candidate or an elector may, within 30 days from the date on which the election washeld, submit an appeal to the Complaints and Appeal Board.

Grounds for Appeals

13.2 An appeal submitted pursuant to section 13.1 must sufficiently outline one or more of the

following:

(a) that the person declared elected was not qualified to be a candidate;

(b) that there was a violation of this code in the conduct of the election that might haveaffected the result of the election; or

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

Submission

13.3 An appeal submitted to the Complaints and Appeal Board must: be in writing and set outin an affidavit sworn before a notary public or duly appointed commissioner for taking

oaths the facts substantiating the grounds for the appeal accompanied by any supporting

documentation.

Procedure

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



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(a) in the case where the appeal is submitted in accordance with section 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 section 13.3, inform the

appellant(s) in writing that the appeal will not receive further consideration.

Response to the Allegations

13.5 Any candidate or the electoral officer may, within 14 days of the receipt of the appeal(s),

forward to the Complaints and Appeal Board by registered mail a written response to the

appeal allegations, together with any supporting documentation.

Investigation

13.6 The Complaints and Appeal Board may, if the material that has been filed is not adequate

for deciding the validity of the election complained of, conduct such further investigationinto the matter as the board deems necessary.

Decision

13.7 After a review of all of the evidence that it has received, the Complaints and Appeal

Board shall rule:

(a) that the evidence presented was not sufficiently substantive to determine that:

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

election;

(ii) the person declared elected was not qualified to be a candidate; or

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

and dismiss the appeal; or

(b)that all evidence and information gathered allows for the reasonable conclusion that:

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

(ii) the person declared elected was not qualified to be a candidate; or

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

affected its results,



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and uphold the appeal by setting aside the election of one or more council members.

13.8 The decision of the Complaints and Appeal Board shall be:

(a) published in the communitys newsletter, which is mailed to band members, or in aseparate written notice delivered or mailed to all band members; and

(b) posted in at least one conspicuous place on the reserve.

13.9 The decision of the Complaints and Appeal Board is final and not subject to appeal.

Part 14 AMENDMENTS

14.1 The process for development and passage of amendments to this code may be initiatedby:

(a) petition presented to council, signed by at least 25% of all eligible electors and setting

out the specific area in this code proposed for amendment; or

(b) a band council resolution.

14.2 Upon receipt of an amendment proposal in accordance with section 211, council shall

prepare a notice that sets out:

(a) a summary of the proposed amendments to this code;

(b) a statement that the full copy of the proposed amendments can be obtained at the band

administration office; and

(c) a description of the amendment process.

14.3 The notice provided for in section 14.2 shall be:

(a)published in the communitys newsletter, delivered or mailed to band electors, or byseparate notice delivered or mailed to all band electors; and

(b) posted in at least one conspicuous place on the reserve.



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14.4 Electors may, within 14 days of publication of the notice outlined in section14.2, provide

comments concerning the proposed amendments in writing to council.

14.5 Following receipt of comments concerning the proposed amendments pursuant to section

14.2, the council shall review the comments and make such changes to the proposedamendments as they deem necessary in order to arrive at a final amendment proposal.

14.6 The council shall submit the final amendment proposal to a community plebiscite to beconducted in accordance with the Community Plebiscite Code.

14.7 Should the majority of the votes cast at a plebiscite be in favour of the proposed

amendments being brought to the code, council shall amend the code accordingly.

14.8 Elections held under the amended code shall take place no sooner than 100 days from the

community plebiscite.

Part 15 General

15.1 If any provision of this Code, or the application thereof to any circumstances, shall beheld to be invalid or unenforceable, then the remaining provisions of this Code, or the

application thereto to other circumstances, shall not be affected thereby and shall be held

valid and enforceable to the full extent permitted by law.

Draft Election Code Updated Dec 2

Documents

Transcript of Draft Election Code Updated Dec 2