Upper Mattaponi Tribe Law Library
Upper Mattaponi Tribal Code of Law

108 Special Elections.

(A) Removal Elections. The Constitution establishes the process to remove an elected official from office including providing due process and a public hearing. Upon receipt of a certified resolution from the Council passed in accordance with the terms of the Constitution initiating the process for the removal of the Chief, Assistant Chief, or a Representative, the Election Commission shall schedule a special election within sixty (60) days from receipt of the resolution. The special election shall be conducted in accordance with the Removal provisions of the Constitution. The question on the ballot shall be in the following form: "Shall [NAME OF OFFICER] be removed from the office of [OFFICE]?"

(B) Recall Petitions and Elections. A petition to recall the Chief, Assistant Chief, or a Representative, shall be on a form prescribed by the Election Commission. A completed recall petition shall be filed with the Election Commission. Within ten (10) days of the filing of a recall petition the Election Commission shall verify the accuracy and voter status of signatures on the recall petition and determine if the requirements of the Constitution for recall have been met. If the Election Commission determines the recall petition meets all the requirements of the Constitution, the Election Commission shall schedule a special election within sixty (60) days from receipt of the petition. The special election shall be conducted in accordance with the Recall provisions of the Constitution. The question on the ballot shall be in the following form: "Shall [NAME OF OFFICER] be removed from their office of [OFFICE]?"

(C) Initiative Petitions. A petition to challenge any proposed law or resolution, as defined in the Constitution, shall be on a form prescribed by the Election Commission. A completed petition shall be filed with the Election Commission. The petition shall provide a ballot title that clearly explains the effect of the proposed law or resolution and shall not reflect any arguments for or against the measure. Within ten (10) days of the filing of a petition, the Election Commission shall verify the accuracy and voter status of signatures on the petition and determine if the requirements of the Constitution have been met. If the Election Commission determines the petition meets all the requirements of the Constitution, the Election Commission shall schedule a special election within sixty (60) days from receipt of the petition. The special election shall be conducted in accordance with the Initiative provisions of the Constitution. The question on the ballot shall include the ballot title followed by: "Shall the foregoing measure be approved?"

(D) Referendum Petitions. A petition to challenge any enacted law or resolution, as defined in the Constitution, shall be on a form prescribed by the Election Commission. A completed petition shall be filed with the Election Commission. The petition shall provide a ballot title that clearly explains the effect of the enacted law or resolution and shall not reflect any arguments for or against the enactment. Within ten (10) days of the filing of a petition, the Election Commission shall verify the accuracy and voter status of signatures on the petition and determine if the requirements of the Constitution have been met. If the Election Commission determines the petition meets all the requirements of the Constitution, the Election Commission shall schedule a special election within sixty (60) days from receipt of the petition. The special election shall be conducted in accordance with the Referendum provisions of the Constitution. The question on the ballot shall include the ballot title followed by: "Shall the foregoing measure remain in effect?"

(E) Constitutional Amendments. A petition to amend the Constitution, as defined in the Constitution, shall be on a form prescribed by the Election Commission. A completed petition shall be filed with the Election Commission. The petition shall provide the full text of the amendment along with a ballot title that clearly explains the effect of the proposed amendment and shall not reflect any arguments for or against the measure. Within ten (10) days of the filing of a petition, the Election Commission shall verify the accuracy and voter status of signatures on the petition and determine if the requirements of the Constitution have been met. If the Election Commission determines the petition meets all the requirements of the Constitution, the Election Commission shall schedule a special election within ninety (90) days from receipt of the petition. The special election shall be conducted in accordance with the Amendment provisions of the Constitution. The question on the ballot shall include the full text of the proposed amendment and the ballot title followed by: "Shall the foregoing proposed amendment to the Constitution be approved?"