draft election code updated july 16 2010

8/9/2019 Draft Election Code Updated July 16 2010

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COWICHAN TRIBES

ELECTION BYLAW


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TABLE OF CONTENTS

Quwutsun Declaration 5

Part 1 Title 7

Part 2 Interpretation 7

Part 3 Cowichan Tribes Council 9

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

Part 4 Pre-nomination Procedure 11

Appointment of an Electoral Officer 11Oath of Office 11Responsibilities and Ethics 11

Voters List 11Appointment of Deputies and Interpreters 14

Part 5 Nomination Procedure 14

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

Part 6 Candidacy 17

Withdrawal 17

Part 7 Pre Election Procedure 17

Revised July 16, 2010 Page 2 of 33


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Acclamation 17Ballots 18Notice of Election 18Mail In Ballots 18

Equipment for Elections 20Polling Stations 21

Part 8 Election Procedure 21

Polling Hours 21Candidates Agent 21Verification of the Ballot Box 21Secrecy and Security 21

Voting Procedure 22Voting Irregularities 22Closing of the Polls 23

Part 9 Voting, Counting and Reporting 23

Opening Mail in Ballots 23Counting the Ballots 24Recounts 24

Part 10 Post Election Procedures 25

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

Part 11 Complaint and Appeal Process 26

Functions 26Composition 26



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Part 12 Procedure for Removal 27

Part 13 Election Appeal Procedure 29

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

Part 14 Ratification

31

Part 15 Amendments 31

Part 16 General 32

Schedules/Regulations



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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 ò

stsewul-us kws hakwushus tthu stlulnups

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

Ni yu kwuneemstum, ù tthu snuwuyulh, ì tthu 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.



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Whereas Section to link this Bylaw to the Constitution and the inherent right to

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

committees to be incorporated into the bylaw at a later date.

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

Part 1 TITLE

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

Election Bylaw Code).

Part 2 INTERPRETATIONS

In this Bylaw 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.



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Note: the above body fulfills a requirement to create an impartial body or mechanism toconsider the complaints and grievances of members

2.2 ballot means a document in use at the poll to determine an electors selection for Chief and

Councillors 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;

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

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

Note candidate does not have to live on reserve nor live within the traditional territory,

2.5 chief means the member of the Cowichan Tribes elected pursuant to this bylaw to theoffice of chief to act as the primary spokesperson and paramount political leader of theCowichan Tribes Chief and Council.

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

2.7 Cowichan Tribes Council mean those candidates elected to the position of chief orcouncil pursuant to an election held in accordance with this Bylaw.

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 Bylaw.

2.11 elector means a person who a Cowichan Tribes citizen and is 18 years of age or older onthe date of the election.



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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 Cowichan Tribes citizen means any person who is or is entitled to be registered as a

member of Cowichan Tribes.

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

2.15 membership listdeleted viewed unnecessary.

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

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

2.17

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

2.18 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.

2.19voter 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 have

a band membership or registry number, the date of birth of the elector; and

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

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

Part 3 Cowichan Tribes Council

Composition and Size

3.1 The council shall consist of one chief and 12 councilors

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

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

more time to council business.



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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.

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 to be covered in the Chief and Council handbook on order andproceedings

Term of Office

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

Note this is a change from the current 2 year term, had been a suggestion of a 4 year term

Election and Term of Chief

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

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

XXXX in December every three (3) years beginning in the year, 2014.

Vacancy

3.9. 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 or her office for more than six months

due to illness or other incapacity;



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

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

3.10 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.

3.11 Unless otherwise decided by Council, where the Office of Chief becomes vacant more thansix (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.

3.12 The chief or a councilor may be removed from office if he or she violates his or her oath ofoffice or Code of Conduct as set out in an attachment to this bylaw.

Part 4 Pre-nomination Procedure

Appointment of an Electoral Officer

4.1 The electoral officer shall be appointed by a Cowichan Tribes council resolution not less thanX days before the expiration of the councils term of office.

4.2 If an electoral officer has not been appointed within the time set out in section 4.1, theelectoral officer shall be appointed by the band manager as soon as possible.

4.3 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.

4.4 In the event that the electoral officer cannot fulfill his duties, an existing deputy electoralofficer shall be appointed by a Cowichan Tribes council resolution, to undertake the duties of



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the electoral officer. In the absence of an existing deputy electoral officer, the council shall

appoint a new electoral officer.

Oath of Office

4.5 The electoral officer must swear an oath to uphold the office in accordance with s. 4.6.

Responsibilities and Ethics

4.6 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;

(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

(a) 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 the

matter at issue.

Voters List

4.7 At least X days before the day on which an election is to be held, the electoral officer shallobtain the names, band membership numbers and dates of birth of all citizens of Cowichan

Tribes who will have attained the age of 18 years on the date on which the election is to be

held.

4.8 The Registrar (needs to be defined) shall, no later than X days before the date on which the

election is to be held, provide the electoral officer with the last known addresses, if any, ofall electors who do not reside on the reserve.

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



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4.10 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 entitled

to receive them under this bylaw.

4.11 Except for the purposes noted in section 4.10, the electoral officer shall not disclose an

electors address without the consent of the elector.

4.12 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.

4.13 At least X days before the day on which an election is to be held, the electoral officer

shall prepare a voters list containing the names of all of the electors in alphabetical order.

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

administration building and in such other conspicuous places on the reserve as may be

determined by the electoral officer, no later than X days prior to the date on which theelection is to be held.

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

name of a person is on the voters list.

4.16 The electoral officer shall revise the voters list upon presentation of documentaryevidence 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.

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

date on which an election is to be held, demonstrate that the name of 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 a citizen of the Cowichan Tribes;

(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.

4.18 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 15

days prior to the date on which an election is to be held, evidence that the person:



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(a) is not entitled to be registered as a Cowichan Tribes citizen;

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

4.19 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 4.18, an elector

demonstrates to the electoral officer that the name of a person not qualified to voteappears 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 to

be held.

4.20 The notice given under section 4.19 shall include the reasons for seeking the removal of

the 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.

4.21 After consideration of all information and representations relating to amendments of thevoters list, the electoral officer shall add or delete names from the voters list based on

whether persons qualify as electors.

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

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

election day, provided he or she presents documentary proof to the electoral officerdemonstrating his or here qualifications as an elector to the electoral officers

satisfaction.

Appointment of Deputies and Interpreters

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

who shall work under his or her direction.

4.25 The deputy electoral officer shall have such powers as described in this bylaw as well asthose powers of the electoral officer as delegated to the deputy by the electoral officer.

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

4.27 Every deputy electoral officer shall swear an oath of office as set out in s. 4.6.

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

with the provisions of this bylaw as he or she may deem necessary for the effective

administration of the election.



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Part 5 Nomination Procedure

5.1 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 placeon the reserve.

5.2 The electoral officer shall, at least 30 days before the date on which the nominationmeeting is to be held, mail a notice of the nomination meeting and a voter declaration form

to 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.

5.3 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;

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

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

nomination of a candidate; and

(e) the statement that, if the elector wants to receive information from candidates, the elector

can agree to have his or her address released to the candidates.

5.4 The electoral officer shall record the names of the electors to whom a notice of the

nomination meeting was mailed, the addresses of those electors, and the date on which the

notices were mailed

Eligibility to Nominate

5.5 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.

5.6 Subject to section(s) 5.5 and 5.17, any elector may propose or second the nomination of

any qualified person to serve as the chief or councilor:



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(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

(b)orally, at the nomination meeting.

Nomination Meeting

5.7 The nomination meeting shall be held at least 42 days prior to the date on which theelection is scheduled.

5.8 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.

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

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

read aloud all written nominations and secondments that have been received by mail ordelivered in accordance with subsection 5.6(a).

Duration

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

Maintaining Order and Security

5.12 The electoral officer shall maintain order at all times during the nomination meeting andmay cause to be remove any person who, in his or her opinion, is disrupting or otherwise

interfering with the proceedings.

Nomination Procedure

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

the nomination meeting is void.

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

seconder and confirm to those present at the meeting that the proposed candidate iseligible to be elected to the position of chief or councilor of the Cowichan Tribes.

5.15 A person present at a nomination meeting who is eligible to do so may second thenomination of any person nominated in writing.

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

nomination shall constitute a secondment of the first nomination.



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

chief, and twelve (12) for the office of councilor.

5.18 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 be

elected;

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

be elected, declare those persons to be elected; and

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

5.19 On the day following the nomination meeting, the electoral officer shall post in at least three

(3) conspicuous place on the reserve a list of nominees, their nominators and seconders andthe offices for which they are nominated.

Part 6 Candidacy

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

nominated as a candidate.

6.2 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.

6.3 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.

6.4 A person is not disqualified from nomination for the office or chief or councilor by reasononly 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.

6.5 A nominee not present at the nomination meeting shall file the documents required under

section 6.2 with the election officer within 96 hours after the end of the nomination meeting.

Withdrawal



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6.6 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 the

Electoral Officer.

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

or her candidacy.

Part 7 Pre-Election Procedure

Acclamation

7.1 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

7.2 The electoral officer shall prepare ballot papers setting out:

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

surname; and

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

surname.

Notice of the Election

7.3 The electoral officer shall, within 3 days after the day on which the nomination meetingwas held, post a notice of election in at least three (3) conspicuous places on the reserve.

7.4 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



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

Mail in Ballots

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

held, mail to every elector who is not ordinarily resident on the reserve and to every elector

whose request to vote by mail-in ballot has been received, a mail-in ballot packageconsisting 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 7.5; and

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

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

day of the election if they return their mail-in ballot to the electoral officer at the polling

station 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.

7.6 An elector who is ordinarily resident on reserve 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, requesta mail-in ballot package from the electoral officer.

7.7 An elector not residing within the traditional territory who has not received a mail-in ballotpackage 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.



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7.8 Upon receipt of a request for a mail-in ballot package under section 7.7 or 7.8 the electoral

officer shall mail or deliver a mail-in ballot package described in section 7.6 to the elector

who so requests.

7.9 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.

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

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

(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 atleast 18 years of age;

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

form in the postage-paid envelope; and

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

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

7.11 Where an elector is unable to vote in the manner set out in section 7.10, the elector may

enlist the assistance of another person to mark the ballot and complete and sign the voterdeclaration form in accordance with that section.

7.12 A person referred to in section 7.11 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.

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

day of the election shall not be counted.

Equipment for the Election

7.14 The electoral officer shall, before the polling station is open, supply the polling station with:



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(a) sufficient ballot boxes;

(b) a sufficient number of ballots;

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

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

7.16 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.

Part 8 ELECTION PROCEDURE

Polling Hours

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

Candidates Agent

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

time.



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8.3 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 Box8.4 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

8.5 Voting shall be by secret ballot.

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

8.7 The electoral officer or 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.

8.8 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.

Voting Procedure

8.9 Each elector who presents himself or herself at a polling station for the purpose of voting,after being confirmed by the Electoral Officer or a Deputy Electoral Officer as an elector

shall 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.



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

immediately before giving it to an elector.

8.11 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

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

the Electoral Officer or Deputy Electoral Officer shall assist the elector by marking hisballot 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.

8.13 The Electoral Officer or Deputy Electoral Officer shall note on the voters list opposite thename of an elector requiring assistance the fact that he marked the ballot at the request of

the elector and the reasons.

8.14 An elector, who has inadvertently dealt with his or her ballot(s) in such a manner that it

cannot 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 theelector will then be given a fresh ballot.

8.15 An elector who has received a ballot or ballots and who leaves the polling place withoutdelivering 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 at

the election, and the Electoral Officer or a Deputy Electoral Officer shall make an entryin 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.

8.16 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.

8.17 Anyperson who is a Cowichan Tribes citizen who is at least 18 years of age and eligible

to vote, but whose name does not appear on the voters list, may present identification and

evidence of membership to be verified by the Electoral Officer or a Deputy ElectoralOfficer, 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 shall be added to the

voters list and the person shall be allowed to vote at the polling station

Closing of the Polling Station



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

polls are closed.

Part 9 VOTING, COUNTING AND REPORTING

Opening Mail-in Ballots

9.1 At the time published in the notice prepared under section 9.2 for the counting of the votes,

the electoral officer or deputy electoral officer shall, in the presence of any candidates 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 Cowichan Tribes

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 out

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

Counting the Ballots

9.2. All ballots shall be counted at the time that polling stations are closed and the results postedwithin 24 hours after the polls are closed.

9.3. 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 aDeputy Electoral Officer, or any other ballots that, in the Electoral Officers opinion, do

not 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 rejectedballots papers shall be preserved;

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



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c) Subject to review on the recount or on an election appeal, take a note of any objections

made 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 ballot

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

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

by the Electoral Officer and other persons authorized to be present as may desire to sign

the statement.

Recounts

9.4. 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.

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

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

establish a time for the conduct of a recount and publicly announce this time in the

presence of all those present in the polling station.

9.6 If the recount fails to determine a successful candidate, the Electoral Officer shall cast ballots

in order to break the tie. The Electoral Officer shall place the names of the candidateshaving 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 thereceptacle shall constitute the candidate(s) for whom the Electoral Officer shall cast a vote.

9.7 The Electoral Officer may order a recount if, in his or her opinion it is warranted by thecloseness of the result.

Part 10 Post Election Procedures

Announcement

10.1 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.

10.2 Following the declaration of elected candidates made pursuant to section 10.1, the electoral

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



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(a) the names of all candidates;

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

(c) the number of rejected ballots.

10.3 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 10.1;

(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 Cowichan Tribes General Manager.

Retention of Ballots and Other Election Material

10.4 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.

10.5 All ballots and materials retained in accordance with section 10.4 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 directedotherwise by the council, destroy them in the presence of two witnesses who shall make a

declaration that they witnessed the destruction of those papers.

Chief and Councillor Oath of Office

10.6 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 11 COMPLAINT AND APPEAL PROCESS

Functions

11.1 The Complaints and Appeal Board shall supervise and administer, in accordance with the

provisions of this bylaw:



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(a) all election appeals; and

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

Composition11.2 The Complaints and Appeal Board shall be composed of three members as follows:

(a) an elder who is a respected member of the community and knowledgeable of Cowichan

syuwentst(teachings/traditions);

Note there has been comment that the above definition needs to further defined.

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

does not have a vested interest in the outcome of an election appeal or a petition for the

removal of a council member from office; and

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

11.3 All members of the Complaints and Appeal Board shall possess an understanding of the

principles of natural justice.

11.4 to be determined who appoints this board and how long is the term

(a) select the members of the Complaints and Appeal Board in accordance with section 11.2;

and

(b) select a list of 5 additional potential members.

11.5 The term of office of the Complaints and Appeal Board shall be from its appointmentunder section 11.4 until the day on which selects another Complaints and Appeal Board

in accordance with this bylaw.

11.6 Upon receipt of an election appeal or a compliant for removal of office in accordancewith section 11.1, any Complaints and Appeal Board member who is immediate family

of any appellant or candidate, or who may be reasonably apprehended to have a bias or

conflict in connection with the appeal, shall excuse themselves from the board.

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

members as required to attain three from the list of potential members selected inaccordance with subsection 11.4(b).

11.8 Each member of the Complaints and Appeal Board shall execute an oath of office and

accept his or her appointment by forwarding a letter of acceptance to the council.



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PART 12 - PROCEDURE FOR REMOVAL OF OFFICE

12.1 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 schedule (?) 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 schedule (?) 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.

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

complies with section 12.1. If the petition does not comply, the Complaints and Appeal Board

shall so notify the petitioner(s).

12.3 In a case where the petition complies with section 12.1, 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.



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Grounds for Appeals

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

(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 have

affected 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 out

in 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 supportingdocumentation.

Procedure

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

(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



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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 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,

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 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 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 a

separate 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 RatificationTo be added

Part 15 AMENDMENTS



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15.1 The process for development and passage of amendments to this code may be initiated

by:

(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.

15.2 Upon receipt of an amendment proposal in accordance with section 15.1, council shallprepare 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.

15.3 The notice provided for in section 15.2 shall be:

(a)published in the communitys newsletter, delivered or mailed to band electors, or by

separate notice delivered or mailed to all band electors; and

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

15.4 Electors may, within 14 days of publication of the notice outlined in section15.2, providecomments concerning the proposed amendments in writing to council.

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

15.6, the council shall review the comments and make such changes to the proposed

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

15.7 The council shall submit the final amendment proposal to a community plebiscite to be

conducted in accordance with the Custom Election Bylaw Community Ratification

Procedure.

Part 16 GENERAL

16.1 If any provision of this Bylaw, or the application thereof to any circumstances, shall be

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

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



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SCHEDULES/REGULATIONS

The following schedules/regulations to be attached to the Code

- Chief and Council Oath of Office- Chief and Council Oath of Confidentiality- Chief and Council Conflict of Interest Guidelines

draft election code updated july 16 2010

Documents