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OCN LAND AUTHC)RITY ELECTION REGULA,TIONS
WHEREAS the LL d Law for Establishini;, a Land Authority requires regulations for holding an election for Board of Director pursuant to Section 7. I;
AND WHEREA 9 I C th N e membership were provided the opportunity to take part in the development and the approval of these Land Authority Election Regulations through questionnaires and community meetings; AND WHEREAS these OCN Land Authority Election Regulations willl govern the Land Authority elections for the first Board of Directors and elected Board of Directors therea:fte:r;
NOW THEREFORE BE IT RESOLVED THAT Chief and Council gives approval and has adopted these Regulations pursuant to Section 7.1 of the Land Law for Establishin~ a Land Authority and that these Regulations will be the procedures and process for conducting any Land Authority election.
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TITLE These Regulations may be cited as the Opaskwayak Cree Nation (OCN) Land Authority Election Regulations.
DEFINITIONS In these Regulations: (a) "Board of Directors" or "Director" means the Board of Directors for the Land Authority created by the Land Law for Establishing a Land Authority enacted on March I 0, 2003;
(b) ( c)
(d)
(e )
(f)
"By-Election" means an election called mid-way through of the term of office to fill a vacancy; "Chief and Council" or "Council" means the Chief and Council of the Opaskwayak Cree Nation or any successor elected government of Opaskwayak Cree Nation.
"Deoutv Electoral Officer" or "Deouty" means the person(s) appointed by the Electoral Officer to assist with the election process;
"Election Aooeal Panel" means a panel established by Chief and Council to deliberate on any appeals made during an election process;
"Electoral Officer" means the person appointed by Chief and Council to govern and conduct the procedures of elections pursuant to these Regulations;
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"Elie;ible Member" means a member of the Opask:wayak Cree Nation whose name is entered on the membership list maintained by the OCN Membership Department and has attained the age of 18 on or before voting day.
"Land Authority" means the executive body established pursuant to the Land Law for Establishing a Land Authority who are responsible for OCN land management;
"Lands Department" means the administration office that deals with land related issue; "List of Voters" means the list of Eligible Members who are entitled to participate in the election process;
"OCN" or "Opaskwayak Cree Nation" means the collective body of OCN members governed by Chief and Council;
"OCN Membership Department" means the administration office for registration of OCN members.
APPOINTMENT OF ELECTORAL OFFICER The duty of the Electoral Officer is to govern and conduct elections and participate as a reference person for any appeals.
The position of Electoral Officer shall be appointed by Chief and Council by resolution for a period of time in which an election is warranted. The Electoral Officer may be hired under a contract basis or may be a delegated staff member. The Electoral Officer shall:
(a) be an Eligible Member or an employee of OCN, or affiliated organization; (b) have knowledge of an election process; and ( c) have knowledge of the Lands Department. The rate of pay for an Electoral Officer may be: ( a) where not an employee of OCN. the Electoral Officer will be contracted and the rate of pay will be determined by OCN administration; and
(b)
where the Electoral Officer is a staff member then an agreement with their designated supervisor will determine the method of disbursement for time spent, how overtime is to be claimed, and who will be the responsible supervisor for any election expenses.
The Electoral Officer shall waive the right to nominate, second a nomination or be nominated for a position of Director.
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The Electoral Officer will provide necessary documentation and evidence to the Election Appeal Panel as requested.
DEPUTY ELECTORAL OFFICER The Electoral Officer will appoint Deputy Electoral Officer(s) to assist in meeting the election requirements.
The rate of pay for a Deputy Electoral Officer may be: (a) where not an employee ofOCN, will be determined by OCN Land Authority' s budget; (b) where the Deputy Electoral Officer is a staff member then an agreement with their designated supervisor will determine the method of disbursement for time spent, how overtime is to be claimed.
The Deputy(s ) shall waive their right to nominate, second a nomination or be nominated for a position of Director.
The Deputy(s) will be allowed to cast their vote, should they be an Eligible Member.
ELECTORAL OFFICERS LIST OF VOTERS Upon appointment. the Electoral Officer will prepare a preliminary List of Voters with the assistance of the OCN Membership Department.
A main List of Voters shall be completed prior to the nomination meeting. The Electoral Officer may amend the main List of Voters should there be valid grounds to amend the list.
The main List of Voters shall contain information such as treaty numbers, surname(s ), given name(s ) and alias, also a section for the Electoral Officer' s comments.
POST LIST OF VOTERS The Electoral Officer will post, at least thirty (30) days prior to election day, a List of Voters containing the names of the Eligible Members in alphabetical order without treaty numbers, in at least three (3) public places frequented by the Eligible Members.
An Eligible Member may request, the Electoral Officer to amend the List of Voters on the grounds that:
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(a) the name of an Eligible Member has been omitted; (b) the name of an Eligible Member is incorrectly set out; or (c) the name of a person is not an Eligible Member is included on the list. The Electoral Officer. upon receiving- a request to amend the List of Voters. shall confirm the eligibility of amendment of an Eligible Member with the OCN Membership Department.
If the Electoral Officer is satisfied that there are reasonable grounds. then the main copy of the List of Voters will be amended and the Electoral Officer shall initial and make comments as to what has been amended.
The Electoral Officer may, for a reasonable administration fee, provide copies of the posted List of Voters to candidates, upon request.
NOTICE The Electoral Officer will post a notice of election. This notice will include the nomination meeting and election day. The notice will be posted sixty(60) days prior to election date in at least three (3) public places that are frequented by Eligible Members.
The notice will also be posted and advertised as such to provide sufficient notice to the Eligible Members living on and off-reserve.
The notice will include: (a) date, time and place of nomination·meeting; (b) should there be advance polling, date time and location of advance polls; (c) date, location of polling stations; and hours of polling stations open for the election day; (d ) mailing address, phone number, and office at which the Electoral Officer can be contacted. The Electoral Officer will send by regular mail. sixty (60) days prior to election day, to Eligible Members living off-reserve at their last known address, with the following information:
(a) (b) (c) (d)
a ''Notice of Nomination and Election"; instructions how an Eligible Member can nominate a candidate; a summary of the "Criteria to be a Board of Director''; a ''Nomination Form" should they wish to nominate an Eligible Member;
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a "Release Form" which gives permission for mailing addresses to be given out to candidates for campaign purposes;
a request form for a mail-in ballot must be requested within ten (10) days prior to the election; instructions on which forms are to be returned to the Electoral Officer ; and a prepaid returned envelope.
NOMINATION A nomination meeting will be held at least forty (40) days prior to election day. Only Eligible Members may nominate or second a nomination or be nominated. The Electoral Officer will mail out a nomination package to Eligible Members living off- reserve, at their last known address, sixty ( 60) days prior to election.
The Electoral Officer shall record the date and names of Eligible Members whom a nomination package was sent.
The Electoral Officer will receive all nomination requests and will not open the envelopes until the start of the nomination meeting.
The Electoral Officer will open the nomination meeting at 7 :00 p.m. and will close the meeting at 9:00 p.m.
The Electoral Officer shall at the commencement of the nomination meeting announce the criteria for the Board of Directors.
An Eligible Member is only entitled to nominate or second a total of two (2) candidates. An Eligible Member living off-reserve can nominate a candidate by mailing or faxing a ''Nomination Form" to the Electoral Officer, on or prior to the date of the nomination meeting, or by attending the nomination meeting. All nominated candidates must be seconded by an Eligible Member in attendance at the nomination meeting.
All mail in nomination forms must be received prior to the start of the nomination meeting. Any nomination forms received ~er the start of the nomination meeting will be null and void.
The Electoral Officer shall ensure that there is adequate Deputy(s ) appointed to assist with the recording of nominees, nominators and seconders.
The Electoral Officer at the commencement of the meeting will announce the nominations received by mail or fax. The Electoral Officer will then reauest an Eligible Member in attendance to second the nomination. If a nomination is not seconded, then that nomination shall be declared void.
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Upon announcing the mail-in nominations, the Electoral Officer shall open the floor for nominations for the Eligible Members in attendance. All nominations must be seconded.
At 9:00 p.m. the Electoral Officer shall request from those in attendance to cease nominations. At the close of the nomination meeting the Electoral Officer shall announce either: (a) that there are only four (4) nominees and that upon receiving confirmation by "Declaration of Acceptance", the Electoral Officer shall post declaration of acclamatio~ five (5) days after the nomination meeting; or
(b)
if more than four ( 4) candidates have been nominated and seconded then the Electoral Officer shall make an announcement of the date, location and time of the poll(s).
The Electoral Officer shall prepare a ''Nomination Report'' and will post, the day after the nomination meeting, in at least three (3) public places where ''Notice of Nomination and Election" have been posted. The ''Nomination Report" shall provide the following information:
(a) (b) ( c) (d ) (d ) (e ) (f) (g) (h) (i) 0) (k)
OCN Land Authority Board of Directors election; the amount of positions for the Board of Directors to be elected; date of nomination meeting; the place and time which the nomination meeting was held; term of office; date of latest election; number ofOCN members attending the nomination meeting; number of Eligible Members; list of places and dates where notices have been posted; list of candidates, along with the nominator and seconder; a call for election specifying the date, time and location of polling stations; and
declaration statement from the Electoral Officer.
DECLARATION OF ACCLAMATION Should only four (4) members be nominated, the Electoral Officer shall contact the nominees and have them sign a "Declaration of Acceptance" form.
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The Electoral Officer shall declare nominees as Directors of the Board by acclamation. Should acclamation of Directors be declared, the Electoral Officer shall post a notice in places where the ''Notice of Nomination and Election" were posted, stating the names of those members declared.
The Electoral Officer shall send the listing of declared Directors by acclamation to those Eligible Members who requested a mail-in ballot.
DECLARATION OF ACCEPTANCE All nominees for candidate for Directors, must sign a "Declaration of Acceptance" at least thirty-five (35) days prior to the election day.
If a "Declaration of Acceptance" is not signed, then the nominee's name will not be placed on the ballot.
It will be the responsibility of the nominator and/or seconder to inform their nominee to contact the Electoral Officer, for signing of the ''Declaration of Acceptance" form.
The "Declaration of Acceptance" form shall provide the following information: (a) a section for accepting nomination; (b) the complete address of the nominee ( street, reserve/town they reside at, mailing address and phone number);
( c) ( d) ( e)
(f) (g)
a statement indicating how they wish their name to appear on the ballot; a declaration statement indicating that all the information provided are true statements; a notice and waiver advising the candidate that their candidacy may be voided where it potentially contravenes provisions of the Land Authority governing off-reserve members or family members, and disclosing the means of declaring certain candidates or voiding others under such circumstances;
the signature of the nominee; and Electoral Officer/Deputy(s) signature.
The Electoral Officer shall post a list of nominees, in the places where ''Notice of Nomination and Election" were posted. The name of those accepting the nomination shall be posted no later than thirty-four (34) days prior to the election day.
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MAIL-IN VOTING An Eligible Member who is living off-reserve, and is unable to attend the polling station(s ) , may request from the Electoral Officer a mail-in ballot package at least ten (10) days prior to election day.
The mail-out ballot packages shall be mailed no earlier than thirty-four (34) days prior to the election. An Eligible Member living on-reserve who is unable to attend the p9lling station(s ) on voting day may request a mail-in ballot from the Electoral Officer .
An Eligible Member receiving a mail-in ballot has the option of: (a) sending in the mail-in ballot to the returned address on the prepaid envelope; (b) dropping mail-in ballot off with the Electoral Officer; ( c) dropping mail-in ballot off at the polling station; or ( d) they can cast their vote at the polling station. Only one vote will be counted. Mail-in ballots received by the Electoral Officer will talce priority. Therefore, if the Electoral Officer indicated that a mail-in ballot has been received, then the Electoral Officer/Deputy shall not allow the person to cast a vote at the polling station.
An Eligible Member who received a mail-in ballot, but whose mail-in ballot has not been returned to the Electoral Officer may cast a vote at the polling station(s). NOTE: only one vote may be cast, another vote will be considered spoiled.
OCN is not responsible for covering any travel costs to enable off-reserve members to vote in person on voting day. ·
The Electoral Officer shall forward to those Eligible Members who have requested a mail-in ballot package containing the following:
(a) (b) ( c) (d) (e )
instructions for mail-in ballot; a ballot with the Electoral Officer's initials; a "Ballot Only" envelope in which the ballot must be sealed in; a "Mail-In Declaration" form; and a prepaid return envelope for the "Ballot Only" and the "Mail-In Declaration" form to be maiedl back.
It is the responsibility of the Eligible Member to request a mail-in ballot.
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The Electoral Officer shallrecordreturnedmail-inenvelopes along with "Mail-In Declaration" forms. The records shall indicate the following:
(a) confirmation of mail-out ballot packages being returned; (b) dated received; (c ) confirmation that "Mail-In Declaration" form has been completed as required; and (d ) date in which "Ballot Only" was deposited into the ballot box. The Electoral Officer shall in the presence of a witness, fill out "Deoositing of Ballot Only" form which confirms that the ballot box was empty prior to sealing the ballot box.
The sealed ballot box will not be opened until the commencement of counting of the ballots.
BALLOTS The Electoral Officer shall prepare the ballots at least thirty-four (34) days prior to the election, which will include:
(a) (b) (c ) ( d)
instructions on the method of voting; candidate's names in alphabetical order of the last name; treaty number of the candidate; and at the reauest of a specific candidate, in brackets after the candidate's name, any other name by which the candidate have indicated on the "Declaration of Acceptance" form.
POLLING STATIONS ON ELECTION DAY The Electoral Officer will prepare, or cause to be prepared, sufficient ballot paper, forms and supplies required for each polling station.
The Electoral Officer/Deputy is to ensure that they initial each ballot prior to giving an Eligible Member a ballot.
The Electoral Officer/Deputy will provide voting compartments where the Eligible Members can mark their ballot papers free from observation.
The Electoral Officer may appoint a police constable to maintain order. The palling station(s) will be kept open from nine o'clock (9:00 a.m.) in the forenoon until eight o'clock (8:00 p.m.) in the afternoon of election day.
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If the candidate chooses, they will be entitled to one (1) scrutineer, who must be an Eligible Member, in each polling station(s) at any specific period of time. An "Appointment of an Agent/Scrutineer" form must be filled out and signed by the candidate, the scrutineer and the Electoral Officer before a scrutineer can observe the election process.
Voting at the polling place(s) will be by secret ballot only. The Electoral Officer/Deputy(s) will. immediately before the commencement of the poll, open the ballot boxes and call such persons present to witness that the ballot boxes are empty. The witness( s) along with Electoral Officer/Deputy shall complete the required form.
All sealed ballot box(s) shall be placed in full view of the public at all times during the voting. The Electoral Officer/Deputy( s) upon confirmation that an Eligible Member is on the List of Voters shall place a mark opoosite the Eligible Member' s name on the List of Voters indicating that he/she received a ballot paper which has been initialed by the Electoral Officer.
An Eligible Member whose name does not appear on the List of Voters may vote at an election provided that the person can substantiate to the Electoral Officer/Deputy, by showing proper credentials, that he/or she is qualified to vote. That Eligible Member must sign a "Declaration of Eligibility" form.
The Electoral Officer/Deputy(s) will, upon request, provide an interpreter and explain the procedures of voting to an Eligible Member who requests interpretation and shall fill out an "Oath of Secrecy" form which indicates who the interpreter was and the Eligible Member requesting the interpreter.
Each Eligible Member receiving a ballot paper will immediately proceed to the compartment provided for marking ballots and will mark the ballot paper by placing an "X"opposite the candidate or candidates for whom they are voting for. The voter will then fold the ballot paper so as to conceal the names of the candidates and marks on the face of the paper, but so to expose the initials of the Electoral Officer/Deputy(s).
Each Eligible Member on leaving the compartment will immediately deliver the ballot paper to the Electoral Officer/Deputy(s) who will, without unfolding the paper, verify his/her initials and at once deposit the ballot paper in the ballot box.
An Eligible Member may request for another ballot, should they spoil the first ballot. Upon the Electoral Officer/Deputy(s) receiving and giving another ballot shall mark on the spoiled ballot "SPOILED" and shall indicate on the List of Voters that a second ballot was given. Any spoiled ballots will not be counted.
An Eligible Member who has received a ballot paper and leaves the polling after receiving the same will forfeit his/her right to vote in that election and the Electoral Officer or his/her Deputy will make an entry on the List of Voters in the column for remarks, opposite the name of such Eligible Member to show that person received a ballot and declined to vote in accordance with these regulations and was disqualified.
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Every Eligible Member who is inside the palling place at the time fixed for closing the poll will be entitled to vote if they have not yet done so.
CLOSING OF POLLS AND PROCESSING OF MAIL-IN BALLOTS The Deputy Electoral Officer will, at the close of the polls, shall seal all ballot boxes and will transport the ballot boxes to the main electoral polling station where the Electoral Officer is situated.
Upon all stations reparting to the main station. the Electoral Officer will process the mail-in ballots received by opening the "Ballot Only" envelope without revealing the manner in which they had voted and depositing those ballots into the ballot box. This will be witnessed by at least one (1) person in attendance.
Mail-in ballots received after the close of the l)olling station on election day shall not be valid and those ballots will not be opened by any person.
COUNTING OF BALLOTS After all mail-in ballots are processed, the Electoral Officer shall open the ballot box in the presence of at least one (1) Eligible Member, and/or scrutineer(s) as may be in attendance and will proceed to count the ballots.
The Electoral Officer shall ensure that there is a minimum of two (2) tally records. One will be on the flip chart paper, and second will be assigned to a Deputy to conduct a tally on reporting sheets.
The Electoral Officer shall announce to those in attendance at the counting, the amount of spoiled ballots.
The Electoral Officer shall examine each ballot and will determine whether to reject or accept a ballot. A ballot may be rejected:
(a) if the initial of the Electoral Officer/Deputy is not on the ballot; (b) if it does not clearly identify which candidate has been chosen; (c) if there are more than four (4) candidates ~hosen; (d ) if no candidates have been chosen; (e) if there is any writing or mark(s) which can identify who has voted; or (f) if there are any markings other than that of choosing a candidate. Upon the Electoral Officer accepting a ballot, the Electoral Officer shall read out the names of candidates chosen.
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Immediately after the completion of the counting of the ballots, the Electoral Officer will publicly declare the candidates receiving the most votes to be elected as Directors.
Where two (2) or more candidates are tied for the fourth position the Electoral Officer shall cast the final vote by whatever means the Electoral Officer chooses in the presence of ~ligible Members.
The Electoral Officer will post, the next day after the election, a "Statement of Results," in three (3) public places where the ''Notice of Nomination and Elections" were posted. Copies oft he "Statement of Results" shall be forwarded to:
(a) OCN administration office - General Manager; (b) Chief and Council; ( c) the Lands Department, and ( d) if necessary, to the Election Appeal Panel. The "Statement ofResults"which the Electoral Officer have signed, shall contain: (a) the type of election being held; (b) the number of positions for he Board of Directors to be elected; ( c) date of nomination meeting, location and time; (d ) date of election, location of polling stations and time; (d) term of office of the Directors; ( e) date of latest election; (f) number ofOCN members; (g) number of Eligible Members; (h) list of places where notices and List of Voters have been posted; (i) date notices were posted; G) date List of Voters were posted; (k) address where mail-in ballots were to be returned to; (I) location for counting of the ballots;
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(m) (n)
(o ) (p) ( q) (r) (s)
the time counting commenced and ended; break.down of ballots: (i) number of ballots printed; (ii) number of ballots unused; (iii) number of ballots cast and counted; (iv) number of ballots mailed-out; (v) number of mail-in ballots not returned; (vi) number of ballots spoiled; (vii) number of ballots rejected. list of candidates along with their treaty numbers and amount of votes they received; list of candidates that have been declared elected; should a candidate have to forfeit their seat, the reason for not declaring the candidate elected; the term of office commencement date and expiry date; declaration statement from the Electoral Officer.
DEPOSITION OF BALLOT PAPERS The Electoral Officer will at the close of counting of the ballots: (a) deposit all counted, unused, rejected, and spoiled ballots in sealed envelopes; and (b) envelopes shall be locked in a box and placed in a secure location for a period of sixty (60) days.
It will be the responsibility of the Electoral Officer to keep in his/her possession the key to the box and secure location during the sixty (60) days period.
After the sixty (60) day period the Electoral Officer may destroy the ballot papers in the presence of two (2) Eligible Members who will make a written declaration that they have witnessed the destruction of said ballot papers.
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BY-ELECTIONS . Where there is a vacancy in the elected membership of the Board of Directors. an Electoral Officer will be appointed by Chief and Council, through resolution, to oversee the By-Election process.
The Electoral Officer shall promptly prepare for the By-Election. No By-Election will be held if the remainder of the term is less than ten (10) months for a vacancy of less than two (2) Directors.
In the event that there is a vacancy for more than two (2) Directors. Chief and Council shall then determine whether a By-Election will be required if the term of office still have less than (10) months left in the term.
The Electoral Officer will make a notice of a nomination meeting and By-Election date and times at least thirty (30) days prior to the By-Election date of voting. Notice shall be:
(a) (b) ( c)
posted in at least three (3) public places frequented by the Eligible Members; announced over the radio; and shall be placed in classified advertisements in the local newspapers. in one Winnipeg newspaper and one Saskatoon newspaper so that Eligible members living off-reserve are aware of the nomination meeting and the By-Election.
A notice will not be sent directly to off-reserve members. Off-reserve members shall be deemed to have received notice by publication in the media. Those Eligible Members that wish a mail-in ballot after the nomination meeting shall make a request to the Electoral Officer.
Notice shall contain information such as: (a) date, time and place for nomination meeting; (b) what process can be used for an off-reserve Eligible Member wanting to nominate a candidate; (c) date, time and place of polling station for the By-Election vote; and (d) contact number, should off-reserve members request a mail-in ballot.
Subiect to the specific provisions of this Article. the provisions of Article 8.0 governing nominations and nomination meetings shall apply for By-Elections.
The Electoral Officer will immediately after the nomination meeting post a notice in at least three (3) public places frequented by the Eligible Members:
(a)
a nomination report;
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(b) (c)
list of nominees who has accepted their nomination; and the date, time and location of the By-Election polling station(s).
Any Eligible Member who is elected in a By-Election will be so elected as to run out the remainder of the term.
ELECTION APPEALS An election appeal may be submitted in writing to Chief and Council. Chief and Council shall appoint an Election Appeal Panel to hear an appeal. The Election Appeal Panel shall consist of :
(a) at least three (3) members of Council; and (b) two (2) members for the Council of elders. An appeal must be filed no more than seven (7) days after the election day and must be accompanied by a statement which indicates:
(a) (b)
name and address of the appellant; the particulars of the infractions which the appellant alleges, including any breach of these regulations. any procedural unfairness. conflict of interest or bias, or any other circumstance which in the view of the appellant, taint the results of the election; and
( c) any documentation that would support the claim. The Election Appeal Panel shall have no longer than one (1) month to determine a claim and make a report of their findings and rulings to Chief and Council.
Any rulings from the Election Appeal Panel will be final. The Directors declared by the Electoral Officer to be sitting members of the Board of Directors of the Land Authority shall conduct business as usual until a determination is received by the Election Appeal Panel.
Upon report from the Election Appeal Panel, Chief and Council will give notice whether the elected Board:
(a) (b) ( c)
remains as per Electoral Officer,s declaration, whether a By-Election will be required; or a new Election is to be conducted.
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AMENDMENTS These election Regulations will be reviewed at the discretion of the Land Authority or upon Chief and Council's request.
If it is found that amendments are required, the Land Authority shall recommend to Chief and Council to make such amendments.
Chief and Council prior to approving any amendment(s ) must have the Land Authority hold at least two (2) consultation meetings with the OCN membership.
Should there be a request for amendment(s ) to the Election Regulations, the request must be in writing and shall indicate the grounds or reasons for requesting the amendment(s ) .
Chief and Council shall review the request, and if found to be valid, then Section 18.3 will apply. A request for amendment(s) may be rejected, where: (a) no grounds to justify the proposed changes; (b) the prooosed changes would create self evident unfairness and inequality, or are otherwise immoral;
( c) the proposed changes would be in violation of law; ( d) the proposed changes are not viable. Chief and Council shall approve all amendment(s) by resolution and an amendment document shall be prepared and will form part of these regulations.
Notice will be posted informing Eligible Members of the amendment(s).
GENERAL PROVISIONS Where any section or subsection or provision of this OCN Land Authority Election Regulations is struck down or struck out by a Court of Law, then that provision shall be deemed to be severed, and the remainder of the OCN Land Authority Election Regulations shall remain and continue in force.
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ASSED by Board of Directors of the Interim Land Authority at a meeting-..-:---."_ this day of March, A.O. 2003.
Direc
Director
Witness
D ADOPTED by Chief and Council of Opaskwayak Cree Nation iof-+-- day of M A-Rc.H , A.O. 2003.
Councilor ~ ~~~ Councillor - 1/ ouncillor ' 2;,L-.~ ~~,_,l Councilor ~cillor
~
Councillor
Council1or
-
Councillor
~tO-,,__ -WitnesstoChief and Counc~ Signatures
AM JORITY OF COUNCIL FOR ENACTING OPASKWAYAK CREE NATION LAND LAW CONSISTS OF SEVEN(7) MEMBERS
LAND A UTHORJTY ELECTION REGULATIONS
FORM I
OPASKWA YAK CREE NATION RESOLUTION Chronolo~cal Number: 03-Dated this __ day of ______, 20_ _
AT A DULY CONVENED MEETING of Chief and Council held in the Council Chambers on Opaskwayak Cree Nation Reserve No. 2 lE;
WHEREAS the Ooaskwayak Cree Nation reQuires a Electoral Officer to be appointed to oversee the OCN Land Authority Election process from __________
THEREFORE BE IT RESOLVED that the Chief and Council appoint _______ as the Electoral Officer for the OCN Land Authority Election.
Councillor
Councillor
Councillor
Councillor
Chief
Councillor
Councillor
Councillor
Councillor
Councillor
Councillor
Councillor
Councillor A Quorum of Opaskwayak Cree Nation Chief and Council Consist of Five (5)
LAND AUTHORITY ELECTION REGULATIONS
FORM2
APPOINTMENT OF A DEPUTY ELECTORAL OFFICER FOR THE OCN LAND AUTHORITY ELECTION
I, __________ ,/ Electoral Officer for OCN Land Authority Board of Directors, hereby appoint ____________ as Deputy Electoral Officer. The Deputy's responsibility is to assist in the administration OCN Land Authority Election Regulations.
Electoral Officer signature
Witness
Date
Date
ACKNOWLEDGMENT OF APPOINTMENT BY THE DEPUTY ELECTORAL OFFICER
I, _________ , swear to administer the OCN Land Authority Election Regulations, as Deputy Electoral Officer, during the election to be held on _____ _
Deputy Electoral Officer's signature
Witness
Date
Date
LAND AUTHORITY ELECTION REGULATIONS FORM3 NOTICE OF NOMINATION MEETING AND ELECTION
FOR OCN LAND AUTHORITY GENERAL ELECTION FOR FOUR (4) DIRECTORS
Nomination Meeting:
Date: Time: Place:
, 2003 7:00 p.m. - 9:00 p.m.
An Eligible Members of OCN who have attained the age of 18 may nominate, second or be nominated. An eligible member may only nominate or second two (2) candidates. Mail-in nomination may be accepted if received prior to the opening of the nomination meeting, and nomination must be seconded by an eligible member in attendance at the nomination meeting.
If within five (5) day after the nomination meeting the Electoral Officer does not declare Directors by acclamation, then voting will be conducted.
Election Day:
Date: Polls open/close: Locations of Polls:
. , 2003 9:00 a.m. to 8:00 p.m.
and
The counting of the ballots will commence, at the upon ballot boxes being transport from ___________ to _________
Contact of Electoral Officer Those eligible members who would like a nomination package or a ballot package can contact , Electoral Officer at: 1-800-265-9638 (toll free number) or 1-204-627-7130 (office) or Box ___ __, Opaskwayak, MB; ROB 2J0.
If you have any questions regarding the election process you can contact the Electoral Officer at the above-noted.
LA.ND AUTHORITY ELECTION REGULATIONS FORM4 Instructions For Nominating a Candidate by Mail-In
1. Print your name and treaty number on the lines provided. I 2. Print the name of the nominee you wish to nominate on the line provided.
3. Circle whether your nominee lives on or off-reserve. If living off-reserve, state which town or city he/she lives in.
4. Sign nomination form and have the form witnessed by a person over 18 and send back in the pre-paid envelope.
An Elieible Member is def"med as a member of OCN whose name is entered on the membership list maintained by the OCN Membership Department and has attained the age of 18 on or before voting day.
The following sections of the OCN Land Authority Election Regulation are noted for your reference: Section 8.2 "Only Eligible Members may nominate or second or be nominated."
Section 8.5 "The Electoral Officer will receive all nomination requests and will not open the envelopes of nomination until the start of the nomination meeting."
Section 8.8 "An Eligible Member is only entitled to nominate or second a total of two (2) candidates."
Section 8.9 "An Eligible Member living off-reserve can nominate a candidate by mailing or faxing a ''Nomination Form" to the Electoral Officer. on or prior to the date of the nomination meeting. or by attending the nomination meeting. All nominated candidates must be seconded by an Eligible Member in attendance at the nomination meeting."
Section 8.11 "All mail in nomination forms must be received prior to the start of the nomination meeting. Any nomination forms received after the start of the nomination meeting will be null and void."
Section 8.12 "The Electoral Officer at the commencement of the meeting will announce the nominations received by mail or fax. The Electoral Officer will then request an Eligible Member in attendance to second the nomination. If a nomination is not seconded, then that nomination shall be declared void."
LAND AUTHORITY ELECTION REGULATIONS
FORMS
CRITERIA FOR BOARD OF DIRECTORS
The Board of Directors be will comprised of six ( 6) Directors and an elder. Of these six ( 6) Directors two (2) will be appointed Councillor members and four (4) will be elected Directors.
The criteria to be a Board of Director members under the OCN Land Code is as follow: 1. Only two (2) members from an immediate family shall sit as directors (parents, sisters, brothers, children/custom adopted children and spouse);
2. 3.
4. 5.
6. 7.
NOTE:
1.
Only two (2) members living off-reserve can sit as directors; Directors may not be employees of the Lands Department, Band Development Authority, Gaming or Membership Department.
Directors shall not be convicted of an offense that was prosecuted by way of indictment. Directors shall not have filed for a claim of bankruptcy nor bet under the supervision of a trustee in bankruptcy during the term of office.
Directors must be bondable. Directors must not have been convicted of fraudulent practice in connection with an election, including accepting a bribe, dishonesty or wrongful conduct.
Should Number 1 or Number 2 apply to a nominee, a waiver will be required to be signed stating the following:
Should more than two (2) members of my immediate family are ootential Directors of the Board, that if I receive less votes than any other of my immediate family running in this election, I am in
a2reement that the members receiving the most votes will be declared. Signature of Candidate_
2.
Should more than two (2) off-reserve members running for Director and I am one of those candidates, and I am in a2reement that the members receiving the most votes will be declared. Signature of Candidate_ __________
FOR MORE INFORMATION ON THE REQUIREMENTS OF THE BOARD OF DIRECTOR YOU CAN CONTACT:
LAND AUTHORITY ELECTION REGULATIONS FORM6 NOMINATION FORM
I, - ------------~ Eligible Member of OCN, treaty number __ (Print Name)
wish to nominate ---------~,_to run as candidate for OCN Land Authority (Print name of nominee)
Board of Director. I, believe that _____________ is an Eligible Member ofOCN and that he/she is of the age of 18 years. _______ _ _ ___ reside (Please circle one) on OCN Lands or off OCN Lands (Print Nominee's Name)
Name of the Town or City should a nominee live off OCN Lands __________ PLEASE NOTE: the following section of the OCN Land Authority Election Regulations:
Section l O.1 "All nominees, must sign a Declaration of Acceptance form at least 35 days prior to the election day."
Section 10.2 "If a Declaration of Acceptance form is not signed, then the nominee' s name will not be placed on the ballot."
Section I 0.3 " It will be the responsibility of the nominator and/or seconder to inform their nominee to contact the Electoral Officer, for signing of the Declaration of Acceptance form."
I am aware of the sections of OCN Land Authority Election Regulations as listed above.
Signature of Eligible Member (Nominator)
Mailing Address
Signature of Witness
Date
Phone Number
Date
LAND AUTHORITY ELECTION REGULATIONS
FORM7 RELEASE FORM
This form reauires your sienature and a witnesses sienature. Please mail this form back to the Electoral Officer should you be in agreement with giving you mailing address and phone number out the candidates.
I. _________________ , do hereby authorize the Electoral Officer to (Name of Eligible Member) release my mailing address and/or phone number to the candidates for campaign purposes.
I understand that if I do not sign this waiver form, my information will remain with the Electoral Officer only.
Signature of Eligible Member
LAND AUTHORITY ELECTION REGULATIONS
DATE
FORMS
Witness signature
REQUEST FOR A MAIL-IN BALLOT
I, ____________ _, am an Eligible Member of OCN, treaty number ___
I am requesting that a mail-in ballot be forwarded to me, and my mailing address is as follows:
(Mailing address of Eligible Member)
I will not be in attendance at the polling station and wish to vote by mail-in ballot. When requesting for a Mail-In Ballot. the Eligible Member must sign this form and have it witnessed. The Mail-In Ballot form is to be placed in prepaid envelope and sent back to the Electoral Officer.
Signature of Eligible Member
DATE
Witness signature
LAND AUTHORITY ELECTION REGULATIONS
FORM9
Instruction for Return Envelopes
Once you have filled out the forms that you wish to send back to the Electoral Officer, place those forms into the prepaid envelope and send back to the address on the envelope.
Please ensure that: (a) your signature is on all the forms that you will be sending back; (b) that all forms are witnessed; and ( c) that the forms are dated as to when the forms were signed and witnessed.
In the prepaid envelope you may send back the following forms: 1. Nomination Form 2. Waiver Form 3. Request for a Mail-In Ballot NOT ALL FORMS ARE REQUIRED TO BE SENT BACK.
If an Eligible Member does not t"'ill out the "Request for a Mail-In Ballot" form or does not contact the Electoral Officer, then a ballot will not be sent to you. The Electoral Officer must receive the request before __________
LAND AUTHORITY ELECTION REGULATIONS
FORM IO
NOMINATION REPORT
1.
2. 3. 4. 5. 6. 7. 8.
9.
10. 11.
12. 13.
Type of Elections:
Composition for Election: Date of Nominations Meeting: Location: Time: Term of Office: Date of Last Election
Number of OCN in Attendance at the Nomination Meeting
Number of Eligible Member: Location of Notices Posted:
General Election for OCN Land Authority Board of Directors
4 elected positions for Directors
7:00 p.m. to 9:00 p.m. 4 years 1st General Election
Chief Office, Administration Office,
Date Notices Posted: List of Candidate and treaty numbers and amount of votes received: Candidate Nominated by: Seconded by:
LAND AUTHORITY ELECTION REGULATIONS Page 02 of Nomination Report
14. 15. 16.
17. 18
Candidate
FORM IO
Nominated by:
Candidates have been Declared Directors by acclamation: Call for an Election to be held on: Polling Stations are located:
Polls will be opened from: Counting of Ballot will be at:
Seconded by:
Yes
No
9:00 a.m. to 8:00 p.m.
As Electoral Office, I declare that the nomination meeting remained opened between the hours of 7:00 p.m. to 9:00 p.m. (standard time) on the day of , 20 ; that I have carefully and diligently performed all duties required of me in the OCN Land Authority Regulations in respect to the nomination meeting.
Dated this __ day of ______, 20_.
Sienature of Electoral Officer OCN Land Authority Electoral Officer
LAND AUTHORITY ELECTION REGULATIONS FORMll DECLARATION OF ACCEPTANCE I, _____________ accept my nomination to run as a candidate for the OCN Land Authority Board of Directors.
I further declare that the I am an eligible candidate and that I comply with the requirements: 1. I am not an employee of the Lands Department, Band Development Authority, Gaming or Membership Department.
2. 3.
4. 5.
I have not been convicted of an offense that was prosecuted by way of indictment. I have no claims filed for bankruptcy nor I am not under the supervision of a trustee in bankruptcy.
I can be bendable. I have not been convicted of fraudulent practice in connection with an election, including accepting a bribe, dishonesty or wrongful conduct.
Address of the ominee: Street: ----------------------------Mailing address: -------------------------Town/Province - -----------Postal Code - ---------
Name to be used on Ballot: Surname: ________ Given Name: ________ Treaty No. ___
Other name that you wish to be known as on the ballot: ____________
I understand that these procedures apply only to voiding candidates who are potentially in breach of the Land Authority Law, and are not related to overall results. In signing this declaration of acceptance, I accept these conditions and waive all rights to challenge or complain with respect to the application of these conditions to me.
THEREFORE, as part of this declaration of acceptance, I hereby agree that: In compliance with the Land Authority Law, where more than two (2) members of my immediate family are nominated as candidates for Directors of the Board, then I am in a2J"eement that the two (2) members receiving the most votes will be declared elected; and that the candidacies of other family members, which may include myself, receiving fewer votes shall be void.
In further compliance with the Land Authority Law, where there are more than two (2) members off-reserve members running for Director, I am in a21"eement that the two (2) off-reserve members receiving the most votes will be declared elected, and that the candidacies other off-reserve members, which may including myself, receiving fewer votes shall be void.
Signature of Nominee
Electoral Officer/Deputy Electoral Officer
Date
Date
LAND AUTHORITY ELECTION REGULATIONS
FORM 12
NOTICE OF CANDIDATES
The following candidates have signed the Declaration of Acceptance form and these names shall be listed on the ballots: (SURNAME, Given Name and/or Initials, Alias in brackets)
The following are a list of nominees that did not sign a Declaration of Acceptance form or declined their nomination to the Electoral Officer. NOTE these nominees will not have their names on the ballot as candidates:
This information is confirmed by myself, ___________, Electoral Officer for the OCN Land Authority Election.
Sienature of the Electoral Officer Date -------------------------------------------------------------
Directors Declared by Acclamation
This section shall be filled out if the Board of Directors are declared by acclamation:
I, , Electoral Officer for the OCN Land Authority Election do hereby declare the following nominees as Board of Directors for the Land Authority by acclamation.
-Signature of the Electoral Officer
Date
LAND AUTHORITY ELECTION REGULATIONS FORMl3 Instruction for Mail-in Ballots
1.
2.
3.
4. 5.
6.
7.
8.
In your package you will receive two (2) envelopes: (a) "Ballot Only" envelope; and (b) prepaid return envelope
Your ballot has a list of candidates for the OCN Land Authority Board of Directors. You can choose one to four candidates. BUT NOT MORE THAN 4.
A ballot will be considered rejected if: - there is writing on the ballot - if the initial on the ballot are not that of the Electoral Officer - if you choose more than 4 candidates - if no candidates have been chosen - if the ballot does not clearly identify the candidate being chosen
If you made a mistake on the ballot you can contact the Electoral Officer for a new ballot. After vou have voted, place the ballot into the "Ballot Only" envelope and seal the envelope.
A Mail-In Declaration must be filled out in order for the Electoral Officer to accept your ballot. If this form is not filled out then your ballot will be considered spoiled.
The Mail-In Declaration requires: (a) that you print your name on line provided; (b) your treaty number; ( c) date of birth~ (d ) mailing address; ( e) your signature & date you signed; (f) signature of witness & date the witness signed; and (g) address of witness.
Once the Mail-In Declaration has been filled out, place this form and "Ballot Only" envelope into the prepaid envelope and mail back to the Electoral Officer.
LAND AUTHORITY ELECTION REGULA.TIONS
FORM14
MAIL-IN DECLARATION
In the matter of the OCN Land Authority Election held in accordance with OCN Land Authority Election Regulations, I, _______ ______ solemnly declare that:
(Print Name)
1. 2. 3.
4. 5. 6.
I am an OCN Eligible Member; My treaty number is ___ and my date of birth is ___________ I currently reside at ___ ____ _________ ____ ___ (Address) (City) (Province) Postal Code
I am the full age of eighteen (18) year or old; I do not know of any reason why I would be disqualified from voting at this election; and I understand that the ballot must be returned to the Electoral Officer no later than 8:00 p.m. on __________ , in order for my vote to be counted in this election.
I make this solemn declaration conscientiously believing it to be true and knowing that it has the same force and effect as if made under oath. I understand it is an offence to make a false statement in this declaration.
Signature of Eligible Member
Date
I declare that I witnessed the signature of the Eligible Member indicated above.
Witness signature Date Address of the witness - ------ ----------------(Address) (City) (Province) Postal Code
LAND AUTHORITY ELECTION REGULATIONS FORM 15 DEPOSITING OF BALLOT ONLY Witnessing of Ballot Box I. _____________ , Electoral Officer for OCN Land Authority Election, DO SOLEMNLY DECLARE THAT:
1. 2.
3.
In preparation of depositing mail-in ballots, I opened ballot box number ___ I saw that the ballot box was empty and I asked ____________ who was present to witness that the ballot box was empty.
I then properly sealed the ballot box, in front of the witness and prepared the ballot box for receipt of ballot only envelopes.
AND I MAKE TIIlS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force as if made under oath.
Signature of Electoral Officer Date I declare that I witnessed that the ballot box was empty prior to deposit of Ballot Only envelope and that the Electoral Office did seal the ballot box.
Witness signature
Date
ELECTORAL OFFICERS DEPOSITING OF MAIL-IN BALLOTS I. _______ ___ ___. Electoral Officer was personally responsible for receiving all mail-in ballot for the OCN Land Authority Election and I do solemnly declare that:
1. 2.
3.
4.
I personally, opened the pre-paid envelopes and removed the Mail-In Declaration form; I then checked the List of Voters and noted in the comments section of the List of Voters the date that I received the Mail-In Declarations and the "Ballot Only'' envelope;
that I personally deposited all mail-in ballots received into the ballot box numbered __ without opening the "Ballot Only" envelope; and
The ballot box was kept in a secure location where I, only, have the key to.
Signature of Electoral Officer
Date
LAND AUTHORITY ELECTION REGULATIONS
FORM16
SEALING OF BALLOT BOXES AT POLLING STATION(S)
I, ________ ________ Electoral Officer/Deputy Electoral Officer Do hereby declare that the ballot box used for OCN Land Authority Election was empty prior to sealing the ballot box and was witnessed to be empty in the presence of the undersigned.
Upon, determining that the ballot box was empty, I then sealed the ballot box number ___ for presentation of ballots to be received.
The polling station that I was in care of was located at-------------~
Electoral Officer/Deputy Electoral Officer
Witness
Date
Date
LAND AUTHORITY ELECTION REGULATIONS
FORM 17
OATH OF SECRECY
I,--------------~ Treaty No.--~ being a Eligible Member of OCN, and having being requested by __________ Treaty No. _ _ assisted with the marking of a ballot for the OCN Land Authority Board of Directors Election held on _________ , do hereby declare that I shall keep secret the name of the candidate(s) for whom such ballot is marked.
Date at __________, this __ day of _______ , 2003.
Signature of Assistant
Signature (Electoral/Deputy Officer)
LAND AUTHORITY ELECTION REGULA TIO NS
PAGE 34
LAND A UTHORJTY ELECTION REGULATIONS
FORM 18
DECLARATION OF ELIGIBILITY
In the matter of OCN Land Authority Election, I ______________ solemnly declare that:
1. 2.
3. 4. 5. 6.
I am a member of Opask:wayak Cree Nation; I currently reside at ______________________
I am the full age of Eighteen years; I have not previously voted at this Election; I am not disqualified from voting at OCN Land Authority Election; and My name does not appear on the List of Voters shown to me by the Electoral Officer/ Deputy Electoral Officer;
I make this solemn declaration conscientiously believing it to be true and knowing that it has the same force and effect as if made under oath. I understand that it is an offence to make a false statement in this declaration.
Name of Eligible Member
Date
I am satisfied that the above named person has the right to vote based on the above declaration and the representations by the aforesaid person.
Electoral Officer/Deputy Electoral Officer
Date
LAND AUTHORITY ELECTION REGULATIONS
FORM 19
TRANSPORTATION OF BALLOT BOX DEPUTY ELECTORAL OFFICERS DECLARATION
I, ______________ Deputy Electoral Officer for the OCN Land Authority Election.
I do hereby declare that I did personally sealed the ballot box number ___ at the close of the polls and I did initial and I sealed the ballot box.
The ballot box was then transported from --------- to -------where counting is to be conducted. I further declare that the ballot box, at all time between sealing, initialing and transportation did not leave my custody and was not tampered with in any fashion by any person.
The ballot box did safely arrive at the ____________ polling station.
Deputy Electoral Officer signature
Date
ELECTORAL OFFICERS STATEMENT
I, __________ ,, Electoral Office did inspection the ballot box and found that the ballot box was not tampered with.
Electoral Officer's signature
Witness
Date
Date
LAND AUTHORITY ELECTION REGULATIONS
FORM20
UNSEALING OF BALLOT BOXES FOR COUNTING PURPOSES
I, ________________ Electoral Officer, Do hereby declare that
the ballot box for mail-in ballots number ___ was confirmed sealed. I then proceeded in unsealing ballot box number __ AND that the mail-in ballots were then to deposited into the ballot boxes from the polling station.
Also in front of witnesses that following ballot boxes was unsealed: Number of the ballot boxes used during the election ____________
Upon unsealing ballot boxes the counting of the ballot commenced at __ (Time)
Ballot box was examined and declared sealed prior to opening the ballot boxes for counting of votes cast.
Electoral Officer
Witness
Date
Date
LAND AUTHORITY ELECTION REGULATIONS
FORM21
STATEMENT OF RESULTS OCN LAND AUTHORITY ELECTION
1.
2. 3.
4.
5. 6. 7. 8. 9.
10. 11. 12. 13.
14. 15.
Type of Elections:
Composition for Election: Date of Nominations Meeting: 1. Locations: 2. Time:
General Election for OCN Land Authority Board of Directors
4 elected positions for Directors . 2003
Date of Elections: 1. Location of polling stations: ___ 2. Time:
Term of Office: Date of Last Election Number of OCN Members: Number of Eligible Members: Location of Notices and Voters List Posted
Date Notice was Posted: Date Voters List was Posted: Mail in Ballot were returned to: Polling Stations Location:
Polling Stations were open from: Counting of Ballot - Location:
. 2003
4 years 1st General Election
Chief Office. Administration Office,
Box __ The Pas, MB, R9A
LAND AUTHORITY ELECTION REGULATIONS
FORM21
Page 02 Statement ofResults 16. Breakdown of Ballots: (a) Number of Ballots Printed ............................................................ ___ (b) Number of Ballots Unused ... ................... ... ..... ... ... ..... .... ................. ___ Mailed Qut PolliDID'Coq11tig1? - returned and cast a vote - Cast vote and counted - not returned -Rejected - spoiled & re-mailed - spoiled
17.
18.
(c) (d)
Number of Mailed Out plus(+) Polling/Counting .......... ............ ___ add (b) and (c) and it should equal to (a) ....................................._ __
List of Candidate and treaty numbers and amount of votes received: Candidate Treaty Number
Reason for not declarin~ a candidate Elected:
Total Votes
LAND AUTHORITY ELECTION REGULATIONS
FORM21
Page 03 Statement of Results
19.
The following candidates have been publicly declared elected: 1. 2.
3. 4.
20.
Term of Office shall commence on day of ______, 20_ and end on the __ ___ dayof ______, 20_ _.
I, _______________, appointed to the position of Electoral Officer for the OCN Land Authority Election Process on the __ day of ______ 20_, DECLARE that:
1.
2. 3.
4. 5.
6.
the polling stations were kept opened between to hours of 9:00 a.m. to 8:00 p.m. on ___________,
I have correctly counted the votes cast for each candidate; I have performed all other duties required ofme by the OCN Land Authority Election Regulations;
that I will post a copy of this report where the notices were posted; I will provide a copy of this report to Chief and Council, the Lands Department; and OCN Administration (General Manager); and
Should I be requested to give information to the Election Appeal Panel I will be available to do so.
Electoral Officer
Date
LAND AUTHORITY ELECTION REGULATIONS
FORM22
DESTRUCTION OF BALLOT PAPERS
I, _____________ , Electoral Officer DO HEREBY DECLARE THAT no earlier then sixty days that I in the presence of two (2) witness did destroyed the ballot paper by _______________
Dated this __ day of ________ , 20_ _.
Electoral Officers signature
Witness signature
Witness signature
LAND AUTHORITY ELECTION REGULATIONS
PAGE41