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1.0
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Article One DEFINITIONS
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In these regulations;
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1.1
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"By-Election" means the holding of an election when an office becomes vacant
by way of resignation, death, or vacancy as set out in this Election Act.
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1.2
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"Conflict of Interest" means the reasonable foreseeability that any personal
or economic interest of an Ogema or Oginjigan may be affected in any material
or different manner from the interest of the Tribal Membership, by any decision
or other official action of the Long Plain First Nation Tribal Government.
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1.3
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"Deputy Electoral Officer" means the tribal member selected by an interview
committee.
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1.4
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"Economic Interest" means an interest held by a person, members of the person's
immediate family or a dependent business, which is:
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Any ownership, income, investment, security or other beneficial interest in a
business, or
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Any employment or prospective employment for which negotiations have already
begun.
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1.5
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"Elders" means those Tribal Members of the Long Plain First Nation, 55 years of
age or older.
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1.6
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"Election Appeal Committee" means those non-Tribal Members appointed by the Tribal
Government, as recommended by the Electoral Officer, to monitor Tribal Elections
and to deal with Tribal Election Appeals.
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1.7
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"Election" means the election of elected leaders of the Long Plain First
Nation as defined in this Election Act.
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1.8
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"Elector" means those eligible Tribal Members who:
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Are registered on the Long Plain First Nation tribal membership list.
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Are the full age of eighteen (18) years.
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1.9
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"Electoral Officer" means a person who is a non-Tribal Member not related by
blood, marriage/common-law, or adoption to a Tribal Member of the Long Plain
First Nation. This person shall be selected by a minimum of 5 interview
committee members, pursuant to the provisions of this Election Act and shall
govern and conduct the procedures of elections and appeals pursuant to this
Election Act.
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1.10
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"Indictable Conviction Offence" means a more serious offence as defined by the
Criminal Code of Canada or the United States felony offences.
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1.11
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"Interview Committee" shall consist of five (5) individuals appointed by Tribal
Government to select the Electoral Officer and Deputy Electoral Officer.
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1.12
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"Ogema" means that Tribal Member elected as Chief pursuant to this Election
Act as a member of the Tribal Government for a three (3) year term.
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1.13
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"Oginjigan" means the Tribal Member elected as a Councillor pursuant to this
Election Act as a member of the Tribal Government for a three (3) year term.
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1.14
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"Oginjiganag" means more than one Oginjigan.
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1.15
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"Referendum" means the procedure whereby voters express themselves directly on
actions or proposed actions by voting for or against them.
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1.16
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"Scrutineer" means a person, appointed in writing by a candidate at least two
days prior to election day, who will observe carefully the election procedures
at the election polls.
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1.17
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"Simple Majority" means fifty percent of the total number of ballots cast
plus one to support an amendment.
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1.18
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"Special Election" means an Election that will be called in accordance with
the provisions of Article 5.4 of this Election Act.
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1.19
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"Spoiled Ballot" means a ballot that is not Initialled by the Electoral Officer
or his/her Deputy and/or not properly marked with "x" or " "in accordance with
the provisions of this Election Act.
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1.20
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"Task force" is a body consisting of six (6) Long Plain First Nation members
to include one elder and one youth appointed by Chief and Council to review
and recommend amendments to the First Nation membership for formal approval.
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1.21
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"Tribal Government" means the body of Tribal Members elected and established
in accordance with this Election Act to consist of one (1) Ogema and four (4)
Oginjiganag.
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1.22
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"Tribal Member" means any member of the tribe whose name is registered and
entered in the Long Plain First Nation tribal membership list.
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2.0
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Article Two COMPOSITION OF TRIBAL GOVERNMENT
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2.1
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The Long Plain First Nation Tribal Government shall consist of one (1) Ogema
and four (4) Oginjiganag.
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2.2
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The Ogema shall be the candidate with the highest number of votes cast by the
Tribal Members. The Oginjiganag shall be the four candidates with the highest
number of votes cast by the Tribal Members.
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2.3
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A candidate for elected office shall run either for the office of Ogema or for
the office of Oginjigan. These eligible candidates shall not run for both
offices.
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3.0
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Article Three ELIGIBILITY FOR THE OFFICE OF TRIBAL GOVERNMENT
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3.1
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All Tribal Members who are electors shall be eligible to stand for office of
Ogema or Oginjigan, provided:
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A Tribal Member has not been and is not disqualified by virtue of this Election Act.
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A Tribal Member has not been convicted of an indictable conviction offence for
a period of eight (8) years from the date of conviction within Canada or the
United States.
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A Tribal Member has successfully completed a drug test to stand for office of
Ogema or Oginjigan, provided :
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The drug testing shall be given by an independent qualified professional(s)
experienced in the providing of this type of testing and shall be structured
to identify "prohibited substances" in the potential candidates' body.
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For the purposes of this provision, "prohibited substances" shall include
and be limited to the following:
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Amphetamines (including methamphetamine and ecstasy)
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Cannabinoids (marijuana, hash)
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Cocaine and cocaine metabolites
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Opiates and related compounds (codeine, morphine, heroin)
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Phencyclidine (PCP and metabolites)
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In the event the potential candidate tests positive in the initial
screening, that potential candidate will not be eligible to run for election
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In the event a potential candidate chooses not to comply with the requirement
to successfully complete a drug test, that potential candidate will not be
eligible to run for election.
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The individual has a minimum of a Grade 12 education and/or at least a
minimum of five (5) years experience garnered from community involvement,
including a letter of reference from another tribal member. This provision
will not apply to band members who previously held the office of Long Plain
First Nation Ogema or Oginjigan, thus having experience in the band governance.
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The individual has paid a non-refundable fee of $250.00.
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4.0
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Article Four TERM OF OFFICE
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4.1
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Ogema and Oginjiganag shall hold office for a term of three (3) years.
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4.2
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The Ogema and Oginjiganag shall be elected by a majority of the votes cast by
electors in accordance with the procedures set out in this Election Act.
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4.3
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The Election will be held on the second Thursday in the month of April in the
election year at Long Plain First Nation. Advance polls will be open in Brandon
on Monday, Winnipeg on Tuesday, and Portage La Prairie on Wednesday'
respectively.
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4.4
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The Ogema and Oginjiganag shall not extend their mandate beyond their elected
term of office.
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5.0
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Article Five CANDIDATE CONDUCT
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5.1
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No campaigning during election hours between 8:00 a.m. to 8:00 p.m. at
any polling station.
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5.2
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No personal charge accounts to be set up at any of the Long Plain businesses
for gas, tobacco, etc.
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5.3
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No profanity is to be used at any time during campaigning or at the forum.
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5.4
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No buying votes in any manner, i.e. giving money, buying alcohol, or anything
given or exchanged of monetary value between Nomination Day and Election Day.
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5.5
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No contact with the Electoral Officer after Nomination Day.
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5.6
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No canvassing for other candidates during election hours from 8:00 a.m. to
8:00 p.m. at any polling stations.
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5.7
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Candidates, at their expense, may campaign utilizing Rez Radio for paid
advertisements for up to two-minute periods twice a day.
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5.8
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Candidates are allowed to offer tobacco to the nominator and the seconder.
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5.9
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No campaign posters are allowed within 50 yards of the polling stations.
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5.10
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No loitering at the polling stations.
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5.11
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Failure to adhere to Sections 5.1 to 5.10 will lead to disqualification of
the candidate.
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6.0
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Article Six BY-ELECTIONS AND SPECIAL ELECTIONS
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6.1
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A By-Election will be called, if one or more offices of the Tribal Government
becomes vacant or in the event of vacancy pursuant to Article 18 of this
Election Act more than four (4) months before the date of the next election,
the remaining members of the Tribal Government shall have the authority to
declare that a By-election be held promptly, pursuant to the provisions under
this Election Act.
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6.2
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Any Tribal Member elected in a By-election shall hold office for the
remainder of the term.
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6.3
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Regardless of the provisions of Article 5.1 hereof, in the event that there
are not sufficient Tribal Government members in office to form a quorum, a
Special election shall be immediately called to fill all of the vacancies
existing at that time even if the Special election is within four months of
the term of office completion.
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6.4
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In the event there ceases to be a quorum of the Tribal Government, for
whatever reason, pursuant to a band council resolution passed at a duly
convened meeting of the Tribal Government, the resolution shall give rise to
a Special Election in accordance with the provisions of this Election Act.
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6.5
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The new Tribal Government elected pursuant to this Special Election provision
will remain in office for the balance of the existing term of office. This
Special Election shall be called only in the event that there is more than
four (4) months remaining in the term of office.
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7.0
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Article Seven SECURITY
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7.1
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Security shall be responsible for maintaining order at all times during the
nomination meeting, the election forum, and during voting.
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Security may remove any person who may be disruptive or interfering in the
nomination, forum, and voting process.
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Security must accompany the Electoral Officer to the Post Office to pick up
mail-in ballots.
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Security will ensure that there is no direct communication or involvement with
the Electoral Officer or the Deputy Electoral Officer by the candidates during
the election process.
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Must be responsible for cameras and ensure that ballots are secure at all times.
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Must sign and date the seals provided for the "box in the box" for mail-in
ballots and advance polls. For clarification purposes "box in the box" refers
to the two metal box containers with seals and combination locks for each box,
into which mail-in ballots and advance poll ballots are deposited and securely
held for counting purposes, for re-counting purposes, and for election appeal
purposes. The combination of the locks on each "box in the box' will be known
only to the contracted security company, who will be in attendance whenever
these locks are opened.
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Must have completed and submitted a criminal record check.
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7.2
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A security system consisting of a video camera and monitors will be in place
for band membership to view each ballot as it is pulled from the ballot box
and counted.
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7.3
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Security personnel will be provided by a security company, which will be
contracted through sealed bids.
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7.4
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Security will consist of 2 personnel for the Winnipeg, Brandon, and Portage La
Prairie locations, and 4 personnel for the Long Plain location.
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8.0
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Article Eight ELECTION APPEAL COMMITTEE
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8.1
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The Election Appeal Committee shall consist of three (3) non-Tribal Members.
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8.2
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The Interview Committee shall select the Election Appeal Committee through a
screening and interview process.
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8.3
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The Election Appeal Committee shall remain in place during the term in the
event of a nomination appeal, election appeal, By-election or Special Election,
pursuant to Article 6.1 or Article 6.4 or Article 18 of this Election Act.
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8.4
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The Election Appeal Committee shall decide among themselves who shall be
chairperson of the committee.
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8.5
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The Election Appeal Committee shall have the authority to investigate and
determine whether an elected official has breached any of the provisions of the
Long Plain First Nation Declaration of Office for Elected Officials, Schedule
"E" hereof, and to investigate and determine whether any elected official has
vacated his/her office as a result of the provisions of Article 18 herein.
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8.6
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The Election Appeal Committee shall investigate a substantial matter brought
before them relating to a breach of the Declaration of Office or an allegation
pursuant to Article 5 or Article 17 upon receiving a written request to
investigate. The written request shall be delivered to the Election Appeal
Committee by any elector.
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8.7
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The Election Appeal Committee shall have the discretion to determine the scope
of any investigation and upon completion; the Election Appeal Committee shall
provide to the Tribal Government their findings within two (2) days, in writing.
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8.8
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In the event the Election Appeal Committee recommends that the elected
official has vacated his or her office pursuant to a breach, the Tribal
Government shall declare the office vacant and forthwith call a By-election.
The declaration shall be in the form of a Band Council Resolution passed at a
duly convened meeting of the Tribal Government.
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9.0
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Article Nine NOMINATIONS
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9.1
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The Electoral Officer shall post a notice 32 days prior to the nomination
meeting to accept nominations. The notice is to be posted in three (3)
conspicuous places at Tribal Government office, Administration office, and
Keeshkeemaqua Conference Centre. The Electoral Officer shall publish and air
this notice through the media in Winnipeg, Brandon and Portage La Prairie.
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9.2
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The Electoral Officer shall indicate in the posted written notice, initialled
and dated, setting out:
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The time, date and location of the nomination meeting,
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The offices open for election,
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The voter's list, containing a list of all eligible electors as defined herein.
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9.3
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A person may be nominated for either the office of Ogema or the office of
Oginjigan. The eligible candidate can accept only one nomination for office.
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9.4
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Upon nomination and acceptance, the candidate, nominator, and seconder will
fill out the form attached hereto as Schedule "A - Part One", to this Election Act.
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9.5
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The candidate shall provide a completed criminal record check and a child
abuse registry check and shall have completed a drug test in accordance with
the provisions of Article 3.1(c.) of this Election Act.
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9.6
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The Electoral Officer or Deputy Electoral Officer within two (2) days of the
nomination meeting shall confirm the nomination upon issuing a 'Nomination
Paper Receipt' pursuant to Schedule "A - Part Two" of this Election Act.
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Criminal Record Checks that have not expired, Child Abuse Registry Checks,
and drug testing results must be submitted to the Electoral Officer 14 days
prior to nominations. NO EXCEPTIONS.
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9.7
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In the event the candidate does not meet the nomination eligibility, the
Electoral Officer shall notify the candidate two (2) days prior to the
nomination meeting.
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10.0
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Article Ten NOMINATION MEETING
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10.1
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The Electoral Officer, along with the Deputy Electoral Officer, shall attend
at the time and location set out on the notice and shall accept nominations
for eligible candidates running for the office of Ogema and for the offices
of the Oginjiganag.
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10.2
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The Electoral Officer, along with the Deputy Electoral Officer, shall keep the
nomination meeting open for up to a period of two (2) hours commencing at 7:00
P.M. and terminate at 9:00 P.M., at which time the Electoral Officer shall
declare the meeting closed. NO EXCEPTIONS. At the end of the two (2) hour
period, the Electoral Officer shall declare the meeting closed.
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10.3
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An elector shall nominate only one candidate and second one nomination.
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The nominee must be present to accept or decline the nomination
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10.4
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An elector who nominates or seconds a Tribal Member shall briefly state
his/her reason for the nomination or the seconding.
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10.5
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Should the nominee decline, the Electoral Officer shall declare the nomination
null and void.
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10.6
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In the event that the number of candidates does not exceed the number of
positions open for election at the end of the nomination meeting, the Electoral
Officer shall declare those candidates elected by acclamation.
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10.7
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In the event that the number of candidates for the Tribal Government exceeds
the number of offices open for election, the Electoral Officer shall announce
the date of the election, which shall be 21 days from the date of the
nomination meeting.
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11.0
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Article Eleven WITHDRAWAL OF CANDIDATE
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11.1
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Any candidate who has been nominated may withdraw no later than two (2) days
after the nomination meeting. The candidate must file a written withdrawal
of his/her nomination signed by himself/herself in the presence of the
Electoral Officer. The Electoral Officer shall immediately proceed to remove
the candidates' name from the ballot papers.
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12.0
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Article Twelve NOMINATION APPEALS
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12.1
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If a candidate is found to be ineligible by the Electoral Officer, with respect
to his/her nomination, he/she may appeal within two (2) days of the close of
the nomination meeting.
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12.2
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That candidate must submit a letter, with supporting documentation, stating
the reasons for his/her nomination appeal.
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12.3
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The Election Appeal Committee will immediately convene a meeting with the
ineligible candidate appealing to present his/her nomination appeal.
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12.4
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The Election Appeal Committee will discuss and make a recommendation within
three (3) days of the nomination meeting as to whether or not the ineligible
candidate is to be re-instated.
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12.5
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The decision of the Election Appeal Committee shall be binding and final.
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13.0
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Article Thirteen PUBLIC FORUM
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13.1
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The Electoral Officer shall hold a public forum seven (7) days prior to the
date of the election. Candidates for office may make a presentation at the
public forum on their goals and achievements, past contributions and future
plans for the Long Plain First Nation.
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13.2
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Dependant on the number of candidates, the Electoral Officer shall arrange for
each candidate to present their speeches.
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14.0
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Article Fourteen ELECTIONS
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14.1
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The Electoral Officer shall within three (3) days following the nomination meeting, post in three (3) conspicuous places at the Tribal Government office, Administration office, and Keeshkeemaqua Conference Centre. The Electoral Officer shall publish and air this notice through the media in Winnipeg, Brandon and Portage La Prairie a notice setting out:
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The times, dates and locations where voting will take place.
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A list of eligible candidates for the office(s) of the Tribal Government,
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The date the public forum will be held.
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14.2
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Mail out ballots to Tribal member(s) who returned completed Absentee Voting Forms.
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14.3
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Any person who believes his/her name should be included on the voter's list
may appeal to the Electoral Officer.
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14.4
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The Electoral Officer shall keep the polling station open from 8:00 a.m. to 8:00 p.m.
on the days of the voting. No ballots will be accepted after 8:00 p.m. and any mail-in
ballots must be at the voting station by 8:00 p.m. NO EXCEPTIONS.
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14.5
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The Electoral Officer shall secure equipment as is necessary to ensure
secrecy of voting. Equipment shall include a "box within a box" and a
seal to make the ballot box tamper-proof. Equipment shall consist of 5
"boxes within a box" and identified as Box A (Brandon), Box B (Winnipeg),
Box C (Portage La Prairie), Box D (mail-in and advance) and Box E (Long Plain).
Box E for Long Plain will not require a seal.
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14.6
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An elector, presenting themself for the purpose of voting and upon being confirmed
as an electors will be given one (1) ballot by the Electoral Officer or Deputy
Electoral Officer to register a vote. The Electoral Officer or his/her Deputy
Electoral Officer shall initial the ballot to validate the ballot as a vote.
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14.7
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Each ballot must be marked with an "X" or """ being placed beside the name
of the candidate(s) for whom the elector intends to vote. The instructions
shall be clearly posted at the location of voting by the Electoral Officer.
The color of the ballot for Ogema shall be yellow and the color of the ballot
for Oginjiganag shall be white.
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14.8
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The Electoral Officer or his/her Deputy may provide upon request, and subject to
availability, an interpreter to explain the procedures of voting to an elector.
In the case of blindness or diminished vision of an elector, the Electoral
Officer shall arrange and oversee for a person to assist that elector in voting.
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14.9
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All candidates shall cease campaigning while the polls are open from 8:00 a.m.
to 8:00 p.m. on the four consecutive days at all polling stations.
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14.10
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The candidate shall have the right to be present when the Electoral Officer
declares the polls open for voting. If the candidate so chooses, one (1)
scrutineer on behalf of the candidate may be present when the Electoral
Officer declares the polls open for voting. The candidate shall appoint
such a scutineer by filing a written notice with the Electoral Officer at
least two (2) days prior to the Election Day.
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14.11
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Immediately following the close of the poll, the Electoral Officer shall open the
ballot boxes sequentially from Box A to Box E and:
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Examine the ballots and reject any Spoiled Ballots in front of the camera for band
members to view the ballots.
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Count the votes given for each candidate and place the ballot in front of the camera
for band members to view the ballots.
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Publicly declare the highest number of votes for the offices of the Tribal Government.
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In the event of a tie, there shall be an automatic recount of the ballots.
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In the event that the margin of victory between two candidates is three (3) votes or less,
there shall be an automatic recount within twenty four (24) hours of the election in the
presence of the affected candidates, his or her scrutineer, the Electoral Officer or
Deputy Electoral Officer.
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In the event that the margin of victory between two candidates is from four (4) and
ten (10) votes, the candidate(s) may request, in written form, a recount of the ballots
within twenty-four (24) hours of the election.
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14.12
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In the event that there is a tie for any office of the Tribal Government, there
shall be a run-off election between the candidates:
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The run-off election shall be held, in accordance with the provisions of this
Election Act, within fourteen (14) days or sooner after the date of the election.
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The Electoral Officer shall immediately mail out a notice of the tie and the date of the
run-off election together with the ballot to all of the absentee voters who voted in the
Election.
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The Electoral Officer shall immediately post in three (3) conspicuous places at the Tribal
Government office, Administration office, and Keeshkeemaqua Conference Centre and shall
publish through the media in Winnipeg, Brandon and Portage la Prairie, a notice setting out:
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The times, dates and locations in Winnipeg, Brandon, Portage La Prairie and Long
Plain First Nation where voting will take place.
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A list of candidates for the office of the Tribal Government that tied.
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14.13
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Within two (2) days after the election, the Electoral Officer shall post in three (3)
conspicuous places at the Tribal Government office, Administration office, and Keeshkeemaqua
Conference Centre a written statement setting out:
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The candidates elected,
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The number of votes cast,
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The number of votes cast for each candidate,
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The number of spoiled ballots.
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14.14
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The Electoral Officer shall deposit all of the ballot papers in a sealed
envelope and place them in a safety deposit box at a banking institution in
Portage la Prairie for at least thirty (30) days after the election and store
the ballots in the Long Plain First Nation archives for a period of 6 years,
at which time he/she may destroy the ballot papers in the presence of two (2)
witnesses. The witnesses shall submit a written declaration stating they
witnessed the destruction of the said ballot papers.
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15.0
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Article Fifteen ABSENTEE and ADVANCE VOTING
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15.1
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Absentee voting and Advance voting shall be meant for those Tribal Members
residing away from the Long Plain First Nation and those who expect to be
absent on the day of voting.
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15.2
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Notices of upcoming elections shall be sent to Tribal Members living away
from the reserve (includes out-of-province and out-of-country) at 120 days
prior to the election requesting electors to add their names for an Absentee
Voting Form. Those Tribal Members who have not responded to the first mail-out
will be sent another notice and a reminder at 60 days prior to the election.
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15.3
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Within thirty-two (32) days of the selection of the Electoral Officer, the
Electoral Officer will mail to all off reserve Electors, the Absentee Voting
Form as Schedule "C" and a nomination meeting notice.
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15.4
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The Elector shall deliver or mail the completed Absentee Voting Form as
Schedule "C" to the Electoral Officer during the eighteen (18) day period
leading to election day.
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15.5
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Upon the confirmation that the person is an Elector on the day of the election, that
Elector shall receive a ballot with a candidate listing, a secured ballot envelope and
a self-addressed envelope to return the ballot to the Electoral Officer. In order to be
counted, the ballot must be returned on or before the date of the election.
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15.6
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Once the ballot is received in the mail, the Elector's name will be struck from the voter's
list as having voted. The secured envelope will then be deposited into the ballot box and
deemed a secret ballot.
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16.0
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Article Sixteen ELECTION ACT TIME LINE
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16.1
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All of the dates referred within the Election Act are set out in Long Plain First
Nation Election Act Time Line, herein attached as Schedule "D".
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17.0
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Article Seventeen ELECTION APPEALS
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The following procedures govern an appeal of the election results:
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17.1
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Any candidate or elector has the right to appeal the results of an election
within seven (7) days from the date of the election.
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17.2
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Grounds for an appeal are restricted to election practices that contravene this Election Act.
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17.3
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An appeal must be in writing duly signed to the Electoral Officer and must contain
details and supporting documentation as to the grounds upon which the appeal is
being made and include a non-refundable deposit fee of $ 100.00 by certified
cheque, money order, bank draft or cash and which monies are to be applied toward
the appeal costs.
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17.4
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The Election Appeal Committee shall determine as to whether or not an appeal
hearing should take place.
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17.5
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If it is determined that there is sufficient evidence to warrant an appeal
hearing, the Election Appeal Committee shall schedule a formal meeting two
(2) days after the election appeal deadline.
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17.6
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An appeal hearing will take the form of a formal meeting consisting of:
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The Electoral Officer
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The Election Appeal Committee
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The candidate or elector making the appeal.
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17.7
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The decision of the Election Appeal Committee shall be irrevocable, binding,
and final. The decision must be made public within (2) days of the appeal
hearing with the decision being posted at the Tribal Government office,
Administration office, and Keeshkeemaqua Conference Centre.
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18.0
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Article Eighteen VACANCY
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18.1
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Any office of the Tribal Government becomes vacant when the person who holds office:
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Dies while he/she is in office.
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Resigns during his/her term of office.
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Has been absent from any three (3) duly convened meetings of the Tribal Government
without the consent of the quorum of the Ogema and Oginjiganag.
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Has been found guilty of corrupt practice in connection with the election pursuant
to a decision of the Election Appeal Committee. A corrupt practice shall include,
but not be limited to, tampering with the election process, bribery, or coercion
related to the election, campaigning while the polls are open, and anything else
the Election Appeal Committee deems to be a corrupt practice.
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Is convicted of an indictable conviction offence under the Criminal Code of Canada
or under the United States felony offences.
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Has been found guilty of conflict of interest as defined herein pursuant to a
decision of the Election Appeal Committee.
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Has been found guilty of contravening the Declaration of Office for Elected
Officials pursuant to a decision of the Election Appeal Committee.
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Is or becomes ineligible to hold office by virtue of this Election Act.
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If an Ogema or an Oginjigan ceases to hold office by virtue of Article 18.1 (c)
to Article 18.1 (h) inclusively, he or she shall be ineligible to be a candidate
for Ogema or Oginjigan for the next 10 years.
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19.0
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Article Nineteen INAUGURATION CEREMONY
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19.1
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The new Tribal Government shall, in the presence of the Elders and Tribal Members,
have a traditional swearing in ceremony for the new Ogema and Oginjiganag within
three (3) weeks of the election.
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19.2
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The Tribal Members elected for the Ogema and Oginjiganag shall in the presence of
the elders and Tribal Members of the Long Plain First Nation:
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Swear and sign a Declaration of Office for Elected Officials and a Waiver for
Elected Officials as per Schedule "E" to the Long Plain First Nation Tribal Members.
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Swear and sign an Oath of Office as the Tribal Government for the Long
Plain First Nation as per Schedule "E".
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The Tribal Government Members, Elder(s) and a Commissioner of Oaths shall sign the
Declaration of Office for Elected Officials; Waiver for Elected Official and Oath
of Office for Elected Official.
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19.3
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A refusal by any elected Ogema and Oginjigan to swear in and sign an Oath of Office,
a Declaration of Office for Elected Officials and a Waiver for Elected Officials
before the Tribal Members shall result in his/her election being annulled and revoked.
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20.0
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Article Twenty AMENDMENT PROCEDURE
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20.1
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This Election Act may be amended pursuant to the submission of any proposed amendment(s)
by a task force appointed by the Tribal Government.
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The task force will review, discuss and revise the proposed amendment(s) of the Long
Plain First Nation Election Act and upon completion will present the amendment(s) to the
people for discussion and review purposes by way of Tribal Workshops.
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Two (2) weeks prior to a Tribal Referendum Poll, a notice will be posted and aired on
the Long Plain First Nation, Winnipeg, Brandon and a mail out to off reserve tribal
membership. This notice shall indicate the dates, times, locations and purpose of the
Tribal Referendum Poll and shall include the proposed Election Act amendment(s).
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The Referendum Poll on the proposed Election Act amendment(s) will be by secret ballot.
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A simple majority of the electors must support the proposed amendment(s).
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In the event a majority of those electors referred to in Article 19.1(d) hereof vote in
support of the proposed amendment(s), the amendment(s) will be presented to the Tribal
Government at the next duly convened meeting of the Ogema and Oginjiganag to be adopted
through a motion.
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21.0
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Article Twenty-one UNENFORCEABLE PROVISION
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21.1
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In the event that any provision or provisions contained herein shall be held by a
court of competent jurisdiction to be unenforceable or void in law then this
Election Act shall be read and construed as if it did not contain the particular
provision or provisions and the remainder of this Election Act shall not be
affected thereby.
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This revised Election Act shall be in force and in effect at the date of acceptance
by the Tribal Members passed and enacted as the Long Plain First Nation Election
Act on this _______day of ___________________, 2008.
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(Signed)
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Ogema Dennis Meeches
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Oginjigan Marvin Daniels
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Oginjigan Jacqueline Daniels
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Oginjigan Robert Francis
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Oginjigan George Meeches
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