Lumbee Tribe of North Carolina: Recall, Removal, & Vacancies Excerpt


Article IV. Recall.

1.  The power to recall any elected official of the Lumbee Tribe of North Carolina who is in the second calendar year or later in his or her term is specifically reserved for the general membership of the Tribe.

2.  A recall election shall be held when a petition bearing the signatures, names, addresses, and enrollment numbers of at least ten (10) percent of eligible voters who voted in the election from the dis-trict electing a tribal official or ten (10) percent of eligible voters who voted in the election for the tribal chairperson, alleging in one hundred (100) words or less that the tribal official is guilty of malfeasance in office, gross disregard for tribal law or custom, or open abuse of authority, and designating three signato-ries as a Petitioner’s Committee, is filed with the Tribal Elections Board.

3. Upon certification of the signatures on and grounds stated in the petition and within no more than five (5) days of its receipt, the Election Board shall: i).  serve a copy of the petition upon the named tribal official, who shall have fifteen (15) days from the date of said notice to respond to the reasons stated in the petition in one hundred (100) words or less; ii). immediately upon receipt of any response, serve all members of the Petitioner’s Committee with a copy of the same; iii). allow the Petitioner’s Committee forty-five (45) days from the date of receipt of the response to collect additional signatures upon their petition; iv). conduct a recall election within ten (10) days of the resubmission of the petition, provided that the petition is signed by twenty (20) percent of the voters who voted in the election for the recalled tribal official;

4. If at least thirty (30) percent of the voters who voted in the election for the recalled official vote and a majority of those voting vote in favor of recall, the Election Board shall declare the office vacant and the vacancy shall be filled in accordance with the appropriate provisions of this Constitution, except that the recalled tribal official shall not be qualified to run for office in that special election.

5. If a recall election on a tribal official fails to obtain a majority of those voting, the Election Board shall not certify any recall petition against that tribal official for a minimum of one year thereafter.

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Lumbee Tribe of North Carolina Constitution

Location: North Carolina Population: 60,000 Date of Constitution: 2001, as amended 2003 Key Facts: Recognized by the State of North Carolina, but not by the U.S. Government

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