ARTICLE I - INTRODUCTION TO THE ELECTION ORDINANCE

Section 1. Introduction to the Election Ordinance......................................................................................................................1

Section 1. Findings ...................................................................................................................................................................1

ARTICLE II - ELECTIONS

Section 1. Elections....................................................................................................................................................................2

(a). Types of Elections...............................................................................................................................................................2

(b). General Elections.................................................................................................................................................................2

(c). Special Elections..................................................................................................................................................................2

ARTICLE III - ELECTION BOARD

Section 1. Appointment of Election Board.................................................................................................................................2

Section 2. Duties and responsibilities of Election Boards..........................................................................................................2

(a). Duties..................................................................................................................................................................................2

(b). Responsibilities...................................................................................................................................................................3

Section 3. Election Board Duties On Election Day....................................................................................................................3

Section 4. Compensation of the Election Board.........................................................................................................................4

ARTICLE IV - NOMINATIONS

Section 1. Nominations

(a). Self Nominations.................................................................................................................................................................4

(b). Official Nomination Form B-1............................................................................................................................................4

(c). Official Petition Forms Signed by Qualified Voters............................................................................................................4

(d). Deadline for Return of Form B-1 or B-2.............................................................................................................................4

(e). Late or incomplete Form B-1 or B-2....................................................................................................................................4

(f). Final List of Candidates.......................................................................................................................................................4

ARTICLE V- QUALIFICATIONS

Section 1. Qualifications............................................................................................................................................................5

ARTICLE VI - QUALIFIED VOTERS

Section 1. Qualified Voters........................................................................................................................................................5

Section 2. List of Qualified Voters.............................................................................................................................................5

ARTICLE VII - NOTICE OF ELECTION

Section 1. Notice of Election......................................................................................................................................................6

ARTICLE VIII - BALLOTS

Section 1. Ballots.......................................................................................................................................................................6

ARTICLE IX - ABSENTEE VOTING

Section 1. Absentee Voting........................................................................................................................................................6

Section 2. Procedures for Voting by Absentee Ballot.................................................................................................................7

ARTICLE X - ELECTION PROCEDURES

Section 1. Hours of Voting........................................................................................................................................................8

Section 2. No Electioneering at Polling Place.............................................................................................................................8

Section 3. Method of Voting......................................................................................................................................................8

Section 4. Spoiled Ballots..........................................................................................................................................................8

Section 5. Counting the Ballots..................................................................................................................................................9

Section 6. Rejected Ballots.........................................................................................................................................................9

Section 7. Recounts....................................................................................................................................................................9

Section 8. Other Matters Decided by the Election Board...........................................................................................................9

ARTICLE XI - TIE VOTES

Section 1. Tie Votes.................................................................................................................................................................10

ARTICLE XII - CHALLENGES TO THE ELECTION RESULTS

Section 1. Challenges to the Election Results...........................................................................................................................10

ARTICLE XIII - OATH OF OFFICE

Section 1. Oath of Office.........................................................................................................................................................10

Section 2. Oath.........................................................................................................................................................................11

ARTICLE XIV - SELECTION OF PRESIDENT AND VICE-PRESIDENT

Section 1. Selection of the President and Vice-President..........................................................................................................11

ARTICLE XV - RESIGNATION FROM TRIBAL COUNCIL

Section 1. Resignations............................................................................................................................................................11

ARTICLE XVI - RECALL ELECTIONS

Section 1. Recall Elections.......................................................................................................................................................11

Section 2. Additional Duties and Responsibilities....................................................................................................................12

ARTICLE XVII - VACANCIES

Section 1. Vacancies.................................................................................................................................................................13

ARTICLE XVIII - REMOVAL FROM OFFICE

Section 1. Good Cause.............................................................................................................................................................13

A-1 : Checklist of Election Board Duties.

B-1 : Official Nomination Form, for both General and Special Elections.

C-1 : Final List of Candidates.

D-1 : Notice of General Election.

D-2 : Notice of Special Election.

E-1 : Official Ballot.

F-1 : Absentee Ballot.

G-1 : Certificate of Election Results.

H-1 : Official Recall Petition.

H-2 : Official Recall Petition (Continuation Form).

I-1 : Tribal Election Affidavit.

J-1 : Notice of Official Recall Meeting.

K-1 : Notice of Candidate Forum Meeting

L-1 : Voter Registration Form

Section 1- Introduction to the Election Ordinance.

(a). - The table of contents gives an overview of the provisions of the Ordinance.

(b). - The applicable provisions of the Konkow Valley Band of Maidu Constitution (hereafter addressed as the Constitution). appears in this ordinance in bold print. Constitutional provisions cannot be modified, except by amendment of the Constitution. Article VII - ELECTIONS:

(c). - The Election Ordinance appears in regular print and can be modified by action of the Tribal Council.

Section 2 - Findings.

(a). - The Konkow Valley Band of Maidu Tribal Council finds that :

1. - The Tribe will benefit from the adoption of a new Election Ordinance to insure fair and proper elections; and,

2. - The Election Constitution provides standard guidance for conducting Tribal Elections; and,

3. - The Election Ordinance is necessary to provide basic rules to govern Election Procedures to insure that all Tribal Elections are to be conducted in an expedient, proper just manner, and

4. - The Tribal Constitution Committee and Tribal Council have developed the Election Ordinance to provide rules to govern Tribal Elections, and

5. - The Election Ordinance establishes a set of rules for the benefit of the Tribe and its members.

Section 1. - Election Article VII of Constitution.

(a). - Type of Elections: There shall be two (2) types of Tribal Elections:

1. - General Elections and, 2. - Special Elections.

1. - General Elections: General Elections shall be held in accordance with Article IV Section 1 through 6 of the Constitution.

2. - Special Elections: Article VII Section 2.

Special Elections shall be held when called for by the Tribal Council, or the Constitution. Special Elections shall refer to all elections other than the General Election. Including but not limited to referendum elections, Article XI Section 2. Tie Votes, " Run Off " Elections, Article VIII Section 13 and Recall Elections, Article XVI Section I.

Section 1. - Election of the Election Board - Article IV Section 5 of the Constitution.

The General Council shall elect an Election Board referenced in Article IV Section 5 of the Constitution which states in pertinent part:

SECTION 5.

Within ninety (90) days following the approval of this Constitution, the General Council shall elect an Elections Board and enact an election ordinance prescribing procedures for fair elections, absentee balloting, settlement of election disputes, handling of petitions and the conduct of referendum, initiative and recall elections. All elections shall be conducted by secret ballot.

Section 2. - Duties and responsibilities of the Election Board.

( a ). - Duties: The Election Board shall follow the check list of duties on form A-1 contained in the Appendix of this ordinance. The duties of the Election Board shall be to :

( 1 ). - Conduct all elections in a fair and impartial manner; and,

( 2 ). - Select a polling place that is safe and accessible to the voters and to notify the voters of the polling place before the election: and,

( 3 ). - Insure that all candidates meet the qualifications of office; and,

( 4 ). - Insure that each voter is permitted to mark his or her ballot in privacy; and,

( 5 ). - Insure that a 100 - foot limit against electioneering is maintained; and,

( 6 ). - Insure that the Election runs smoothly and that order is maintained at all times at the polling place; and,

( 7 ). - Insure safe keeping of the Ballots including all absentee ballots, rejected ballots, and incomplete ballots.

( b ). - Responsibilities:

( 1 ). - No member of the Election Board may be a candidate for Tribal Council.

( 2 ). - No member of the Election Board may actively campaign for Tribal nomination, election or recall of any elected official.

( 3 ). - The Election Board shall seek to maintain a neutral and impartial position on all election activities in order to insure a fair and proper election.

( 4 ). - The Election Board shall uphold and adhere to the terms of this Election Ordinance to the best of its abilities.

Section 3. - Election Board Duties on Election Day. Article VIII section 10. of the Constitution.

( a ). - Voting procedures of the Election Board:

( 1 ). - The Election Board shall maintain a list of Qualified voters.

( 2 ). - When a voter arrives to the polling place on Election day, the Election Board shall check off the voters name on the list of qualified voters. Each voter shall place his or her signature next to their name on the list.

( 3 ).- The Election Board shall, before giving the ballot to a qualified voter, use an official stamp on the outside of each ballot.

( 4 ). - The Election Board may assist a voter by any reasonable means necessary, if any voter requests such assistance. Under no circumstances should any Election Board member attempt to persuade or influence the voters choice.

( 5 ). - The Election Board shall maintain order at all times at the polling place. The Election Board shall enforce this Election Ordinance from the time the polling place is open until the Election results are certified.

Section 4. - Compensation of the Election Board.

( a ). - Each Election Board member shall be compensated for their services; at the rate of .....

Section 1. - Nominations. Article VIII Section 4 of the Constitution.

( a ). - Self nominations for Tribal Council positions shall be conducted in accordance with the Constitution which states:

Any qualified Tribal member may nominate himself or herself as a candidate for Tribal Council .

( b ). - Official nomination form B-1. The Tribal Council Secretary shall provide an official nomination form to any person who wishes to become a candidate for the Tribal Council. Nomination form B-1 is contained in the appendix of this Ordinance.

( c ). - Official nomination forms signed ConCow Tribal members:

( 1 ). - Any ConCow Tribal member, age eighteen ( 18 ) or older may sign an official Nomination form B-1.

( d ). - Deadline for return of form B-1:

( 1 ). - The Election Board shall set a deadline date for the return of the official Form B-1.

( e ). - Late or incomplete Forms B-1:

( 1 ). - The Election Board shall verify all Official Nominations and Petition Forms.

( f ). - Final list of candidates:

( 1 ). - The Tribal Council Secretary in cooperation with the Election Board shall post the Final list of Candidates at least seven ( 7 ) days before the election in at least four ( 4 ) public places. The Tribal Council's Secretary (or designated individual) shall use the final list of Candidates Form C-1 contained in the appendix of this Ordinance.

Section 1. Qualifications Article IV Section 2 of the Constitution.

All Candidates for Tribal Council positions shall meet the qualifications as listed in Article VIII Section five ( 5 ) of the Constitution which states:

( A ). - Any member of the Tribe shall be eligible for Tribal office if he or she:

( 1 ). - is at least eighteen ( 18 ) years of age; and,

( 2 ). - Has resided in the aboriginal home lands of the ConCow Nation as defined by the our Constitutions Membership Criteria for at least the previous one year; and

( 3 ). - Has no felony convictions within the past eight ( 8 ) years ; and,

( 4 ). - Has a high school diploma or its equivalent, or has sufficient experience for a position on the Tribal Council .

 

Section 1. - Qualified Voters.

( a ). - All tribal members who reside within the boundaries of the Tribes aboriginal area for at least one ( 1 ) year and who are age eighteen ( 18 ) or older on the date of the Tribal election shall be entitled to vote in the election.

( b ). - Upon written request, Absentee Ballots will be provided for those members of our Tribe who do not live within our Aboriginal home lands.

Section 2. - List of Qualified Voters.

( a ). - The Election Board shall prepare and maintain a list of qualified voters. The Election Board shall add the names of persons who have reached or will reach the age of eighteen (18 ) by election day to the list of qualified voters.

( b ). - The Election Board shall post a list of qualified voters at the polling place.

Section 1. - Notice of Election.

( a ). - The Election Board shall post a notice of Election in at least four ( 4 ) public places at least ( 30 ) days before the Election.

( b ). - The Election Board shall use a Notice of General Election Form D-1 or Notice of Special Election Form D-2 contained in the Appendix of the Ordinance which shall contain the information:

( 1 ). - The issue to be decided in the Election; and,

( 2 ). - The date of the Election; and,

( 3 ). - The Candidate filing deadline, if any; and,

( 4 ). - The location of the polling place; and,

( 5 ). - The absentee voting procedures and deadlines; and,

( 6 ). - Other important information as determined by the Election Board.

Section 1. - Ballots.

( a ). - The Election Board shall prepare Official ballots including Absentee Ballots. The Election Board shall use Official Ballots Form E-1 and Absentee Ballot Form F-1 contained in the appendix of this Ordinance.

( b ). - All Official Ballots and Absentee ballots shall list the names of the candidates for Tribal Council alphabetically by the last name, or shall describe the issue to be decided in the election.

( c ). - Voters shall not be permitted to write-in candidates on any official Ballots or Absentee Ballots.

Section 1. - Absentee Voting.

( a ). - Absentee voting shall be permitted in all Tribal Elections.

( b ). - Any qualified voter shall be entitled to vote by absentee ballot by making written request to the Election Board or the Tribal Council Secretary at any time before the day of the Election.

( c ). - Each person shall request his or her own absentee Ballot.

(d ). - The Election Board shall use diligent efforts to mail out absentee ballots in a timely manner to each qualified voter who has requested an absentee ballot. Since the Election Board cannot control the timing of request, the mail-out and receipt of Absentee Ballots, the Election Board shall not be held responsible for Absentee Ballots which are received beyond the deadline set for the receipt of Absentee Ballots.

( e ). - All Absentee Ballots must be received by the Election Board no later than five ( 5 ) p.m. the day before the Election.

Section 2. - Procedures for Voting by Absentee Ballots.

( a ). - The Election Board shall mail out an Absentee Ballot packet to each qualified voter who has properly requested an Absentee Ballot Form F-1 contained in the Appendix of this Ordinance. The Absentee Ballot Packet shall contain the following items;

( 1 ). - An Official Absentee Ballot; and,

( 2 ). - An inner envelope marked "ABSENTEE BALLOT" ; and,

( 3 ). - An outer envelope, postage paid, addressed to the Election Board. Containing a certificate for the absentee voter to sign his or her name on; and,

( 4 ). - An instruction page for completing the Absentee Ballot.

( b ). - The Voter shall mark his or her Absentee Ballot. The Voter shall seal the Absentee Ballot in the envelope marked " Absentee Ballot " which in turn, must be sealed in the outer envelope. The voter shall print and sign his or her name on the outer envelope.

( c ). - The voter shall return the Absentee Ballot no later than five ( 5:00 ) p.m. the day before the Election.

( d ). - The Election Board must receive the Official Absentee Ballot no later than five ( 5:00 ) p.m. the day before the election

( e ). - The voter may return his or her completed Absentee Ballot to the Tribal Secretary or to the Election Board by causing the Absentee Ballot to be delivered in-person or through the U.S. mail.

( f ). - When the Election Board receives a completed Absentee Ballot the Election Board shall:

( 1 ). - Record the name of the voter; and,

( 2 ). - Remove the completed Ballot from the outer envelope and place the inner envelope marked "ABSENTEE BALLOT" into a locked box; and,

( 3 ). - Keep the signed outer envelope with the record of the Election.

( g ). - The Election Board shall keep a list of persons who have voted by absentee Ballot at the polling place on election day. In such cases. The Election Board shall check the list of persons who have voted by Absentee Ballot to insure that the person has not already voted by Absentee ballot.

( h ). - If a voter loses his or her Absentee Ballot, or fails to properly return an Absentee Ballot, he or she may still vote on election day.

( i ). - The Election Board may issue a second Absentee Ballot to an individual who lost, spoiled, or mutilated his or her Absentee Ballot.

( j ). - No person may be issued more than one replacement Absentee Ballot for any reason.

Section 1. - Hours of Voting.

( a ). - The polling place shall be open from 8:00 am to 8:00 pm. Any voter in line at the polling place but unable to cast his or her ballot before eight ( 8:00 ) pm, shall be allowed to finish voting.

Section 2. - No Electioneering Shall be Allowed at the Polling Place.

( a ). - Electioneering shall be prohibited within one hundred ( 100 ) feet of the polling place.

Section 3. - Method of Voting.

( a ). - Each prospective voter, upon being identified as a qualified voter, shall sign his or her name to the list of qualified voters and shall be handed an Official Ballot.

( b ). - Each voter shall vote in privacy by placing a mark in ink opposite the name of the candidates for whom he or she is voting.

( c ). - A voter may cast votes up to the number allowed, for example; if four ( 4 ) positions are available on the Tribal Council, the voter may vote for one, two, three, or four candidates.

( d ). - A voter may not cast more than one vote for a single candidate.

( e ). - When the voter is done voting, he or she shall place his or her completed Official Ballot into the Ballot box.

Section 4. - Spoiled Ballots.

( a ). - If a voter spoils his or her Official Ballot, the Election Board may issue another Official Ballot to the voter. The Election Board shall secure all spoiled Ballots.

Section 5. - Counting the Ballots.

( a ). - Immediately after the close of the polling place, the Election Board shall count the Official Ballots and the Official Absentee Ballots.

( b ). - The Election Board or a Tribal member shall count the votes as marked on the Official Ballots. The Election Board shall also count the votes marked on the Official Ballots. All votes shall be counted as long as the Election Board can determine the choices the voter has made.

( c ). - The Election Board Inspector shall unlock the box, remove the Official Ballots one at a time and read off the names of the candidates who received the votes.

( d ). - The tallying of the Votes shall be open for public observation, but the public must remain at a reasonable distance from the Election Board. The public must remain quiet and in no way interfere with the orderly tallying of the Ballots. If the Order cannot be kept, the Inspector shall halt the tallying until such time as order has been restored.

( e ). - At the end of the tally, the Election Board shall determine the total votes cast for each candidate. These results shall be written down on the Certified Election Results Form G-1 contained in the Appendix of this Ordinance. The Certificate of Election results shall be signed by each member of the Election Board. The Election Board shall post the results at the polling place.

( f ). - After the Election Board has certified the election results, the Election Board shall keep the Elections records which shall include the counted ballots, unused, spoiled or rejected ballots, if any.

( g ). - The Election Board shall keep the Election Records for five ( 5 ) years.

Section 6. - Rejected Ballots.

( a ). - If during the tallying of the votes, The Election Board is unable to determine the choices of the voter, that Ballot shall be rejected.

( b ). - If the Election Board can determine one or more of the choices of the voter, but cannot determine all of the choices of the voter, the Election Board shall count the choices that can be determined.

( c ). - The Election Board shall keep all the rejected Ballots in a separate location.

Section 7. - Recounts.

( a ). - The Election Board may, in its discretion call for a recount of the Ballots.

Section 8. - Other Matters Decided by the Election Board.

( a ). - Any other election matters not specifically mentioned in this Ordinance shall be decided by the Election Board. The decision of the Election Board shall be final.

Section 1. - Tie Votes.

( a ). - In case of a tie between two or more candidates, a runoff Election shall be held until the tie is broken.

( b ). - A candidate who has tied with another candidate or candidates may decline the position, in which case the remaining candidate shall be declared the winner.

( c ). - A Run-Off Election shall be held within thirty ( 30 ) days of the original or previous Election day. All qualified voters shall have the right to vote in a Run-Off Election.

Section 1. - Challenges to Election Results.

( a ). - Any member of the Tribe may challenge the Election Results by filing a suit with Tribal Council within ten ( 10 ) days after the Election Board certifies the Election Results.

( b ). - The Tribal Council shall hear and decide election cases within thirty ( 30 ) days after the Election Board certifies the Election Results.

( c ). - Except where the party challenging the results requests additional time which may be granted at the discretion of the Tribal Council.

( d ). - If the Tribal Council invalidates the Election results, the Tribal Council shall order that a new Election be held as soon as possible.

Section 1. - Oath of Office, Article VIII Section 14 of the Constitution.

( a ). - The Oath of Office for newly elected Tribal Council members shall be administered not less than sixty ( 60 ) but no more than ninety ( 90 ) days after the Election Board certifies the general election results.

( b ). - The Chairman of the Election Board shall administer the Oath of Office.

( c ). - All elected Council Members shall use Form I-1, Tribal Election Affidavit when being sworn into office before being seated to serve the People.

Section 2. - Oath.

I ( Full Legal Name ) ___________________________, do solemnly swear ( or affirm ) that I will faithfully support and defend the Constitution of the KonKow Valley Band of ConCow Maidu, and in all measures which come before me I will represent the Tribe and act in all matters that concern the welfare of the Tribe. I will conduct myself so as to advance the interest and prosperity of the Tribe.

Section 1. - Selection of President and Vice-President.

( a ). - The Tribal Council shall select a President and Vice-President from within the Tribal Council membership who each serve a four ( 2 ) year term until successors are chosen and seated. The Tribal Council shall select a Secretary, a Treasurer and a Sargent-at-arms from the Tribal Council membership, who will serve a four ( 2 ) year term or until their successors are chosen and seated.

( b ). - The Tribal Council shall select a President and Vice-President at the next scheduled Tribal Council meeting unless a tie vote exists in the election results, in which case, the Tribal Council shall wait until the tie is decided., before selecting a President and Vice President at the next meeting of the Tribal Council following the run-off election of the tie vote election.

Section 1. - Resignation.

( a ). - All resignations from Tribal Council shall be done in writing. A volunteer resignation, once submitted cannot be with drawn.

( b ). - The President or Vice-President may resign from their position and still serve on the Tribal Council for his or her term.

Section 1. Recall Elections. Article V Section 2 of the Constitution.

Recall Elections shall be concluded in accordance with Article IV Section 11, of the Constitution which states:

( a ).- Any adult Tribal member may initiate recall proceedings against any Tribal Council Member by filling with the Election Board a written statement giving specific reason why a Council member should be recalled.

( b ). - After receipt of the written statement, the Election Board shall issue Official petition forms to the Tribal member who initiated the recall. The official petition forms shall include at the top of each page the list of allegations for recall. The Tribal member shall have thirty ( 30 ) days to collect signatures from thirty three percent ( 33% ) of eligible voters of the Tribe. The Election Boars shall inform the Tribal member of the number of signatures required for a valid recall petition.

( c ). - Once a Tribal member has signed an official petition form, his or her name cannot be removed from the form.

( d ). - Individual petition forms shall be circulated for each Tribal Council member subject to recall. A maximum of three ( 3 ) Tribal Council members may be recalled at one time.

( e ). - The Election Board shall verify the signatures on a recall petition in a timely manner. If a petition contains the required number of signatures and has been properly submitted, then the Election Board shall call and hold a recall meeting within thirty ( 30 ) days of receipt of the petition before holding a special recall election.

( f ). - The Election Board shall provide adequate notice of the recall meeting. The notice shall include a statement that the person(s) subject to recall shall be provided with an opportunity to respond to the charges at the meeting. The Election Board shall conduct all recall meetings in an orderly and fair manner.

( g ). - The Election Board shall conduct a special recall Election within thirty ( 30 ) days of the recall meeting. The Ballots for the special recall election shall include a list of the charges and the response, if any, from the person(s) subject to recall.

( h ). - A majority vote of eligible voters shall determine the success or failure of the recall petition(s), provided, that at least thirty three percent ( 33% ) of the eligible voters actually vote in the special recall election.

( i ). - If the special recall election fails, then the charges used to initiate the recall cannot be used to initiate another recall for the remainder of the Council members term in office.

( j ). - If the special recall election petition succeeds, and the person(s) is successfully recalled, then he or she shall not be eligible to run for Tribal Council office until after his or her term of office would have ended.

( k ). - A special election to fill a possible vacancy created by a recall election shall be conducted within thirty ( 30 ) days of a successful recall election.

Section 2. - Additional Duties and Responsibilities.

( a ). - All Elections shall be administered by the Election Board.

( b ). - The Election Board shall issue Official Recall Petition Forms H-1 to any adult Tribal member(s) initiating the recall who shall have thirty ( 30 ) days to collect the signatures. The Election Board shall use Forms H-1 contained in the appendix of this ordinance as the official Recall Petition.

( c ). - Each qualified voter of the Tribe shall have the right to exercise freely and without constraint or coercion of any kind, to sign a recall petition.

( d ). - Individual Official Recall Petitions shall be circulated for each Tribal council member who is subject to recall.

( e ). - Completed Official Recall Petitions shall be submitted to the Election Board.

( f ). - The Election Board shall verify the signatures on the Official Recall Petition within ten ( 10 ) days of receipt of such petition.

( g ). - If the Election Board determines that the Official Recall Petition contains the required number of signatures and is otherwise valid, the Election Board shall call for and hold a recall meeting.

( h ). - After a recall meeting is held, the Election Board shall conduct a Special Recall Election within thirty ( 30 ) days after the recall meeting.

Section 1. - Vacancies.

( a ). - Vacancies on the Tribal Council shall be filled in accordance with Article V Section 1 of the Constitution.

Section 1. - Good Cause for Removal Article V Section 1 of the Constitution.

( a ). - The Tribal Council can remove a Tribal Council member or Election Board member for good cause in accordance with Article V Section 1 and 2 of the Constitution.

( b ). - Good cause as defined in this Election Ordinance are, but not limited to the following:

( 1 ). - Insubordination and improper business practices.

( 2 ). - Violation of the Constitution or of an approved Tribal Ordinance.

( 3 ). - Committing criminal or civil offense, such as; assault and battery, theft, fraud, forgery, extortion, disorderly conduct, malicious mischief, public nuisance, contributing to the delinquency of a minor, bribery or homicide.

( 4 ). - Election Board members and all Elected Tribal Officials are to strictly avoid any conflict of interest or even the appearance of conflict of interest in the Tribal Election process.

( 5 ). - Election Board members and all Elected Tribal Officials may not solicit or accept directly, any gratuity, gift, favor, entertainment, loan or anything of monetary value from anyone who has interest that may be substantially affected by the performance or nonperformance of the Election Board and Tribal Official election duties.