Section 1. Voters. All duly enrolled members of the tribe who are eighteen (18) years of age or older shall have the right to vote in all tribal elections for the tribal chairperson and for the vice-chairperson, consistent with the provisions of this constitution, and shall have the right to vote for the band representative to the tribal council election of the band of which he or she is a member.
section 2. Manner of Voting. All elections shall be by written secret ballot. Voting by absentee ballot shall be provided for by ordinance.
Section 3. Absentee Voting. The absentee balloting ordinance shall require that absentee ballots be made available in advance of any election to members who will be absent on the day of election and that ballots must be submitted by absentee voters to the tribal office prior to the scheduled date of the election. Absentee ballots so submitted shall be counted along with those ballots cast in person at the polls.
Section 4. Tribal Council Elections. The election of band representatives to the tribal council shall be held during the second week of March every fourth year, the specific time, place and date to be set by ordinance of the tribal council. Thirty (30) days prior to said election day, the eligible voters of each band shall nominate candidates for the office of tribal council member/band chairperson to represent their respective band on the tribal council. Tribal council members shall be sworn in and assume the duties of office on the third of April of an election year.
Section 5. Tribal Chairperson and Vice-Chairperson Elections. The tribal chairperson and vice-chairperson shall be elected by the eligible voters of the tribe from among the council members elected to office in an election year. The election for tribal chairperson and vice-chairperson shall be held within twenty (20) days after the third of April. The chairperson and vice-chairperson shall take office on the next working day following certification of the election results by the election board. Prior to the election of the chairperson, the tribal council shall appoint from within its membership a temporary chairperson.
Section 6. Qualifications for Office. Candidates for membership on the tribal council must be duly enrolled members of the Paiute Indian Tribe of Utah who will be twenty-one (21) years of age or older on the date of their election and must be free of any felony conviction prior to running for and holding office as a council member. The qualifications of each person nominated by a particular band must be certified by the election board twenty-five (25) days prior to the council election.
Section 7. Appeal Rights. Any person who is certified as ineligible to seek elective office by the election board may petition the tribal council to certify the person as a candidate. The tribal council shall render a final decision at least ten (10) days before the election, unless a primary election is to be held, in which case the tribal council shall render a decision before the primary election.
Section 8. Primary Election. In the event there are more than five (5) candidates for office from a particular band, a primary election shall be held by that band and the two (2) candidates receiving the highest number of votes shall be the final candidates from that band for the office of council member. Said primary election shall be held twenty (20) days prior to the council election.
Section 9. Election Board. The tribal council shall appoint an election board of three (3) or more persons which shall follow all requirements for each election called for under this constitution and shall certify in writing to the tribal council within five (5) business days after an election the results of any election. The members of the election board shall serve for set terms of office and as further provided for by
ordinance. No person who holds any elective tribal office shall be eligible to serve on the election board. The duties of said election board shall be established by ordinance, which shall require the election board to insure that all tribal elections are conducted fairly and objectively.
Section 10. First Election. Notwithstanding the above provisions, the election of the first tribal council under this constitution shall be in accordance with an election ordinance enacted by the interim council which accords as much as feasible with the above provisions and is in accordance with 94 Stat. 317.
Section 11. Election Ordinance. The tribal council shall enact an ordinance governing the conduct of elections. Such ordinance shall be consistent with this constitution and shall include, but not be limited to, the following provisions:
(1) Nomination of candidates;
(2) Secret Ballots;
(3) Absentee Voting;
(4) Settlement of Election Disputes;
(4) A procedure for filing petitions and determining their validity; and
(5) Conduct of: Referendum, Initiative and Recall Elections.
Section 12. Tie. In the event there is a tie for any elected position as certified by the election board, the winner shall be determined by the flip of a coin under the supervision of the election board.