Appendix A- Benoit First Nation Election Rules

Benoit First Nation Election Rules

The band manager or Coordinator will be act as electoral officer. In the absense of a band manager, coordinator and electoral officer, the duties of the returning officer will be assumed by an election committee that is to be formed and made up of at least three band members at least 18 years of age and where possible should include an elder, woman, and youth. Persons nominated for a position on council cannot sit on the election committee.

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References to the electoral officer herein is to be substituted for the election committee in the absense of aforementioned electoral officer.

Section I

Sub-section A

Nominations:

Elections for CEO/Vice Chief and Band Council shall take place every four years.
The Band Manager or other appointed band member shall act as the electoral officer and publicly post the Notice of Nominations for the positions on the band council.
Nominations for positions on the band council will open and close at least one month prior to the Election. Nomination form
Any member 18 years of age or older can be nominated.
A fee of $5.00 must be paid at the time of submission of the nomination form.
Candidates must not have been convicted of an indictable offence in Canada within ten years prior to their nomination except where conviction of an offence was relating to the assertion or exercise of aboriginal rights or title and shall be deemed not to be a conviction for the purpose of this section.
After Nominations are closed, public notice is to be given of each candidate nominated and accepted and the position nominated for.
If more than the required numbers of candidates are nominated, then an election by private ballot will take place and winners to be determined based on the most votes received from voters .
If only the required number of candidates are nominated to fill the band council positions then those nominated will be deemed to have been elected by acclimation and no voting is required.
If less than the number of candidates are nominated than are required to fill all the band council positions, those nominated will be deemed to have been elected by acclimation and no voting is required. By-elections are to be held at each of the next general meetings until all the vacancies on the band council are filled.
All elected members to the band council are leaders in their departments who will work together and make decisions based on consensus.
All elected members to the band council are required to take an oath-of-office at a swearing-in ceremony.

Sub-section B

Section II

Ballots:

The electoral officer shall prepare ballots setting out

(a) the names of the candidates nominated for election in alphabetical order; and

(b) the names of the candidates nominated for election for each position as CEO & Vice-Chief, Secretary, Treasurer, Women’s Director, Elder, Hertiage Park & Farm Director, and Youth Director, in alphabetical order.
Where two or more candidates have the same name, the electoral officer shall add to the ballots such additional information as is necessary to distinguish between those candidates.
The electoral officer shall prepare separate ballots for the candidates for election as CEO & Vice-chief and for the candidates for election as band councilors.
At least 30 days before the day on which an election is to be held, the electoral officer shall email, to every elector who does not reside in the community, a package consisting of

(a) on-line voting instructions with authorization code;

(b) a list of candidates and postions sought;

(c) election instructions;

(d) identification of the location of the polling station, and;

(ii) a statement advising the elector that he or she may vote in person at a polling station on the day of the election in accordance with section III subsection A in lieu of voting by on-line voting; and

(e) a list of the names of any candidates who were acclaimed.
At the request of an elector who resides in the community, the electoral officer shall provide a package referred to in subsection (4) to that elector.

5.1 The electoral officer shall indicate on the voters list that a authorization code has been provided to each elector to whom online voting instructions were emailed or otherwise provided and keep a record of the date on which, and the email addresses to which, each on-line voting rules was mailed.

5.2 The electoral officer shall establish at least one polling place in the community.
The electoral officer shall procure or cause to be procured as many ballot boxes as there are polling places, and shall cause to be prepared a sufficient number of ballot papers for the purpose of the election.
The electoral officer shall, before the poll is open, cause to be delivered to his deputy the ballot papers, materials for marking the ballot papers, and a sufficient number of directions-for-voting as may be prescribed.
The electoral officer or his deputy shall provide a compartment at each polling place where the electors can mark their ballot papers free from observation, and he may appoint a warrior to maintain order at such polling place.
Polling places shall be kept open from 1:00 p.m., local time, until 7:00 p.m., local time, on the day of the election.
A candidate shall be entitled to not more than two agents in a polling place at any one time.
The electoral officer or his deputy shall, immediately before the commencement of the poll, open the ballot box and call such persons as may be present to witness that it is empty; he shall then lock and properly seal the box to prevent it being opened without breaking the seal and shall place it in view for the reception of the ballots, and the seal shall not be broken nor the box unlocked during the time appointed for taking the poll.

Section III

Sub-section A

On-Line Voting

A registered voter who resides outside of the community or who resides in the community and who is not able to visit a voting station on voting day may cast a ballot by electronic voting.

The electoral officer shall send an email with the on-line voting authorization code and voting instructions to each registered voter who:

i) is resident living outside of the community; or

ii) advises the electoral officer that the person is not able to visit a voting station on voting day.

An eligible voter who calls the electoral officer and confirms his or her intent to register to the satisfaction of the electoral officer shall be emailed instructions on where and how to vote on-line and shall be provided with a secured access code, and a summary of the election rules.

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