T’Sou-ke First Nation Land Committee Selection Process Law

Preamble

Whereas the T’Sou-ke First Nation ratified the Framework Agreement on First Nation Land Management and ratified its Land Code on               , 2007; 
And Whereas the T’Sou-ke First Nation Land Code establishes for a Lands Committee to provide, among other matters, advice and assistance to the Council on matters concerning  T’Sou-ke First Nation Land;
And Whereas the T’Sou-ke First Nation Land Code requires that Council shall make a law to establish a process to select the majority of the members of the Lands Committee
The Council hereby makes the following law in accordance with the procedures set out in the T’Sou-ke First Nation Land Code on the                       , 2007.
Short Title 
1.	This law may be cited as the T’Sou-ke First Nation Land Committee Election Law.
Definitions
2.	In this law,
“Land Committee” means the T’Sou-ke First Nation Land Committee
“Meeting of Members” means a meeting under section 13  of the Land Code to which the members are invited to attend.

Number of Members to be Elected
3.	For greater certainty, the election process in this law shall to the selection of [9] members of the Lands Committee.

4.	 (1)      Within sixty (60) days of the election of the Chief and Council of the First Nation, Council shall appoint the following persons to be members of the Lands Committee:
(a)	one member of Council;
(b)	one eligible voter.

Application to Become a Member

5.	Subject to the Land Code, any eligible voter may apply to the First Nation to become a member of the Lands Committee, by submitting to Council an application containing the name, address, telephone number (and other info or qualifications?) to be a member of the Lands Committee. 

Notice of Meeting of Members
6.	(1)  Within 30 days of the election of Chief and Council, the Council shall arrange to post a Notice in a public place on T’Sou-ke First Nation Land advising that applications for the position of member of the Lands Committee may be submitted in writing to the Council within 15 days of the posting of the Notice.

(2)  The Notice shall also provide that a meeting of members will be held thirty (30) days after applications close for the purpose of electing [9] members to the Lands Committee.

(3) The Notice of the meeting of members shall specify the date, time and place of the meeting

7.	  The notice of a meeting of members must be given to the members by

(1)	posting the notice at least 21 days before the meeting;
(2)	mailing the notice to on and off reserve members;
(3)	publishing the notice in the community newsletter at least 10 working days before the meeting; and  
(4)	additional methods as the Council may consider appropriate in the circumstances such as phone calls, emailing and faxing members.

8.	All members have a right to attend a meeting of members, but other persons may attend with the permission of Council.

Quorum

9.	The quorum for a meeting of members under this Land Code is 50% plus 1 of Eligible Voters in attendance at the meeting provided that no less than 20 Eligible Voters are present.
          
10.	 Where a quorum of members was not in attendance at a meeting the Council may call a second meeting for the purpose of conducting a vote.

Acclamation
11.	(1) Where the vacancies on the Lands Committee are filled by acclamation, the Council shall post a Notice in a public place on First Nation Lands that sets  out the names of the persons who have been acclaimed to be members of the Lands Committee and states that an election will not be held.
(2)  The Notice referred to in section 11(1) shall also be sent to members of the First Nation by one or more of the methods provided in section 7.

Electoral Officer

12.	 (1) The Council shall appoint a person to act as the electoral officer at the meeting of members who shall administer the vote in accordance with this law. 

(2)	The electoral officer shall:

a.	 prepare the ballots setting out the name of  each qualified person  who has applied to be a member of the Lands Committee;
b.	establish a polling place at the location of the meeting of members;
c.	provide at least one ballot box at the location of the meeting of members;
d.	prepare and provide adequate numbers of ballots, materials for marking the ballots and compartments at the polling place to allow for a secret vote.

Chair of Members Meeting

13.	  The meeting of members of the First Nation to elect members of the lands Committee shall be chaired by the Chief or such other person as may be agreed upon at the meeting.

14.	  The Chairperson shall call the meeting of members to order, state the purpose of the meeting and provide information on the duties and functions of the lands Committee and the members of that Committee.

15.	  (1) The Chairperson shall afford each person who has applied to be a member of the Lands Committee an opportunity to speak for no more than five (5) minutes at the meeting of members on his or her qualifications to become a member of the Lands Committee.
(2)  As soon as the activities referred to in section 15 (1) have been completed the Chairperson shall call the Eligible Voters in attendance at the meeting of members to vote.
Election Rules
16.	  (1) The electoral officer shall, before the vote is commenced, state clearly to the members in attendance at the meeting of members:

(a)	 the procedural rules that will apply to an election of the members of the lands Committee if this law does not provide for an appropriate rule; and,
(b)	The time of the closing of the poll, which shall be no earlier than two (2) hours from the time the meeting of members began.
(2) For the purposes of section 16(1)(a), the electoral officer may choose either the Indian Band Election Regulations or the First Nation Land Code Ratification Process for procedural rules.

Voting 
17.	 The electoral officer shall provide to each Eligible Voter in attendance at the meeting of members, and who wishes to vote, with a ballot and have the Eligible Voter sign  on a list provided for the purpose, indicating that the Eligible voter has received a ballot.

18.	 After receiving a ballot, an Eligible Voter shall
(1) immediately proceed to the compartment provided for marking ballots;
(2) mark the ballot by placing a cross, check mark or other mark, that clearly indicates the Eligible Voter's choice but does not identify the Eligible Voter, opposite the name of the candidate or candidates for whom he or she desires to vote;
(3) fold the ballot in a manner that conceals the names of the candidates and any marks, but exposes the initials on the back; and
(4) deliver the ballot to the electoral officer
19.	(1) On receipt of a completed ballot, the electoral officer shall, without unfolding the ballot deposit it in the ballot box in the presence of the voter and any other persons entitled to be present at the polling place.
(2) While any voter is in the compartment for the purpose of marking his ballot paper, no other person shall be allowed in the same compartment or be in any position from which she or he can see the manner in which such voter marks his or her ballot paper.
20.	(1) A voter who has inadvertently dealt with her or his ballot paper in such a manner that it cannot be conveniently used shall, upon returning it to the electoral officer, be entitled to obtain another ballot paper, and the electoral officer or his deputy shall thereupon write the word "cancelled" upon the spoiled ballot paper and preserve it.
 (2) An Eligible Voter whose name does not appear on a list of Eligible Voters may vote at the meeting of members if the electoral officer is satisfied that such person is qualified to vote.
(3) Every Eligible Voter who is inside the polling place at the time fixed for closing the poll may vote.
21.	As soon as the electoral officer declares that the polls are closed, the electoral officer shall, in the presence of any candidates who are present, open all ballot boxes and
(1) examine the ballot papers and reject all ballot papers
(a) that have not been supplied by the electoral officer;
(b) by which votes have been given for more candidates than are to be elected, or
(c) on which anything appears by which the voter can be identified;
 (2) subject to review on recount or on an election appeal, take a note of any objection made by any candidate or his agent to any ballot paper found in the ballot box and decide any question arising out of the objection;
(3) number such objection and place a corresponding number on the back of the ballot paper with the word "allowed" or "disallowed", as the case may be, with his or her initials;
(4) from the ballots not rejected or declared void under paragraph (b), count the votes given for each candidate who has not withdrawn before the close of the polls; and
(5) prepare and sign a statement of the number of votes for each candidate and the number of ballots rejected.
22.	(1) Immediately after the completion of the counting of the votes, the electoral officer shall publicly declare to be elected the [nine 9] candidates having the highest number of votes.
(2) Within four days after completion of the counting of the votes, the electoral officer shall sign and post, in at least one conspicuous place on the reserve, a statement indicating the number of votes cast for each candidate.
23.	  Within four days after completion of the counting of the votes, the electoral officer shall send a written statement to the Council setting out the names of the members of the Lands Committee elected at the meeting of members.
Transitional Rules
24.	 (1) The two members of the Lands Committee appointed by the Council  shall be chosen by the Council in office on the date of the first meeting of Council following the ratification of the Land Code.
(2)  The term of the two members of the Lands Committee first appointed by the Council shall terminate thirty (30) days after the date of the first election of Chief and Council following the ratification of the Land Code.
(3)  The election of the [nine 9] members of the Lands Committee who are first elected in accordance with this law shall take place sixty (60) days after the  date of the first meeting of Council following the ratification of the Land Code.
(4) The term of the [nine 9] members of the Lands Committee elected in accordance with this law shall terminate thirty (30) days after the date of the first election of Chief and Council following the ratification of the Land Code.
Number of Terms of Members of Lands Committee
25.	  A member of the Lands Committee may be re-appointed or re-elected to the Lands Committee.