Resolution No. 2023-27 — Repeal of Resolution No. 2023-25 and Amendment of the Lac Courte Oreilles Tribal Code of Law Title ELE Elections
WHEREAS, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians is a federally recognized Indian tribe ("Tribe") organized pursuant to the provisions of the Indian Reorganization Act of 1934, 25 U.S.C. §5101, et seq.; and,
WHEREAS, the Tribal Governing Board serves as the governing body of Lac Courte Oreilles Band of Lake Superior Chippewa Indians pursuant to Article III, § 1 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians; and
WHEREAS, pursuant to Article IV, § 3 of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, the Tribal Governing Board is empowered to "prescribe rules and regulations conducting all subsequent elections. Such rules and regulations shall include, but not limited to, the following: (a) voting shall be by secret ballot; (b) beginning in 1979, elections shall be held every year in the month of June; (c) absentee voting, provided that absentee voting shall be limited to person who verify that they are unable to vote at designated polling places on the date of an election because of confinement in a nursing home, hospital or other health care facility, or because of service in a branch of the United States Armed Forces; and (d) filing and posting of election notices;" and
WHEREAS, the Tribal Governing Board duly enacted the Lac Courte Oreilles Election Code on April 29, 2005 pursuant to Tribal Governing Board Resolution No. 05-29; as amended on May 16, 2005 pursuant to Tribal Governing Board Resolution No. 05-50; as amended on May 29, 2007 pursuant to Tribal Governing Board Resolution No. 07-59; as amended on March 11, 2011 by the Tribal Governing Board at the Lac Courte Oreilles Tribal General Membership meeting; and as amended on May 27, 2015 pursuant to Tribal Governing Board Resolution No. 15-53 and amended on April 18, 2017 pursuant to Tribal Governing Board Resolution No. 17-53; and as amended on April 1, 2019 pursuant to Tribal Governing Board Resolution No. 19-39; and as Amended on March 1, 2021 pursuant to Tribal Governing Board Resolution No. 20-2021; and as amended on March 6, 2023 pursuant to Tribal Governing Board Resolution No. 2023-25; and
WHEREAS, the Tribal Governing Board determines that it is in the best interests of the Tribe to amend the Election Code and all Attachments A through L, and
WHEREAS, the Tribal Governing Board approved Resolution No. 2023-25 on March 6, 2023, but now wishes it to be repealed,
NOW THEREFORE BE IT RESOLVED, that Resolution No. 2023-25 is hereby repealed; and
NOW THEREFORE BE IT FINALLY RESOLVED, that the attached amendment Title ELE Elections of the Lac Courte Oreilles Tribal Code of Law including all Attachments A through L, shall be, and hereby is, enacted as an ordinance of the Tribe, pursuant to Article IV, § 3 of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, and the Title as now exists at this time is hereby repealed in its entirety.
CERTIFICATION
I, the undersigned, as Secretary/Treasurer of the Lac Courte Oreilles Tribal Governing Board, hereby certify that the Tribal Governing Board is composed of seven (7) members, of whom 6 being present, constituted a quorum at a meeting thereof, duly called, convened, and held on this 13th day of March, 2023, that the foregoing Resolution was duly adopted at said meeting by an affirmative vote of 5 members, 0 against, 0 abstaining, and that said Resolution is a lawful act of the Tribe.
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Tweed Shuman, Secretary/Treasurer
Lac Courte Oreilles Tribal Governing Board