Draft Electoral Code - Updated Aug09

DRAFT TERMS OF REFERENCE COWICHAN TRIBES COMMUNITY WORKING GROUP: CONSTITUTION/ GOVERNANCE ELECTORAL CODE DEVELOPMENT

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Table Of Contents: Draft Terms Of Reference Cover Page……………………………………………….…....1 Table of Contents…………………………………………………………..…………………..2 Draft Terms of Reference; Development.…………………..………………………….….3 Cowichan Tribes Election Code Preamble……………………………………….…….…4 Cowichan Tribes Council………………………………………………………………….….5 Terms Of Office…………………………………………………………………………….…...6 Eligible Electors………………………………………………………………………………....7 Eligible Candidates…………………………………………………………………………....7 Electoral Officer…………………………………………………………………………….…..7 Pre-Nomination Procedure………………………………………………………………...…8 Nomination Eligibility……………………………………………………………………….…..9 Withdrawal……………………………………………………………………………………..10 Nomination Meeting…………………………………………………………………………11 Pre-Election Procedure………………………………………………………………………11 Mail-In………………………………………………………………………………………...…12 Polling Day……………………………………………………………………………………..13 Voting Irregularities………………………………………..……………………………….…14 Election Tabulation…………………………………………………………………………...15 Tie……………………………………………………………………………………………...…15 Appeal Process………………………………………………………………………………..17 New General Election Review……………………………………………………………..18 Amendments…………………………………………………………………………………..19 General…………………………………………………………………………………………19 Appendix I: Oath Of Office…………………………………………………………...…….20

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Cowichan Tribes Election Code Preamble

WHEREAS, the members of the Cowichan Tribes have determined that is desirable and necessary for the good governance of the Cowichan Tribes and in accordance with the right of the Cowichan Tribes to Self-Government, and create a safe, secure environment to adopt an Election Code. NOW THEREFORE, the members of the Cowichan Tribes hereby adopt the following Election Code. Title

1. This Code shall be cited as the “Cowichan Tribes Election Code.” Interpretation

2. In this Code: “Ballot” means a document in use at the poll to determine an elector’s selection for Chief

and Councillors of the Cowichan Tribes Council. “Candidate” means a Cowichan member who:

a) Is at least 18 years of age on the date of the nomination meeting; and b) Has been nominated to be a candidate pursuant to the provision of this Code. “Chief” means the member of the Cowichan Tribes elected to be head of the

Cowichan Tribes Council pursuant to the provisions of this Code. “Code” means the Cowichan Tribes Election Code. “Councillor” means a member of the Cowichan Tribes elected as a Councillor pursuant to

the provisions of this Code. “Cowichan Tribes Council” mean those candidates elected to the position of Chief or

Councillor pursuant to an election held in accordance with this Code. “Criminal Conviction” means a conviction of an indictable offence pursuant to the

Criminal Code (Canada) R.S.C. 1985, c. C-46, as amended from time to time including any amendments made after this Code is adopted. “Deputy Electoral Officer” means any person appointed by the Electoral Officer for the

purposes of a Cowichan Tribes election.

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“Election” means a vote of the members of the Cowichan Tribes to elect the Chief and

Councillors of the Cowichan Tribes held pursuant to the provisions of this Code. “Elector” means a person who:

a) Is a member of the Cowichan Tribes; b) Is 18 years of age; c) Is eligible to vote in an election held in accordance with this Code; and d) Is a resident within the Cowichan Valley. “Electoral Officer” means a person who is not a member of the Cowichan Tribes, who is

over 18 years of age, of good character and reputation, and who does not have a vested interest in the outcome of the election. “Majority” means a minimum of 51% of the votes at a duly convened meeting or the most votes cast for a single candidate in an election held in accordance with this Code. “Member” means any person who is or is entitled to be registered as a member of

Cowichan Tribes. “Membership List” means a listing of all those persons that are registered as a member of

Cowichan Tribes. “Nominee” means a member of Cowichan Tribes that has been nominated for office. “Scrutineer” means a person who examines the electoral process on the polling day for

purposes of ensuring the procedure has been complied with. “Voters List” means a current listing of all eligible electors of the Cowichan Tribes.

Cowichan Tribes Council

3. For the good government of Cowichan Tribes, the Cowichan Tribes Council shall consist of one Chief and one Councillor per 100 band members with no less than two Councillors and no more than 12 Councillors. (Discussion held regarding breaking the number of Councillors into the 9 communities of Cowichan based on population. Need to think about how much this would work. The key is equal representation). 4. No Cowichan Tribes member shall hold more than one office with the Cowichan Tribes at one time.

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5. Each person on the Cowichan Tribes Council shall agree to conduct themselves at all times in the best interests of the Cowichan Tribes. 6. The Chief and Councillors shall be elected by the majority of votes cast by the electors in an election held in accordance with this Code. Terms Of Office

7. Subject to Section 9 and 10 of this Code, the term in office for the Cowichan Tribes Council shall be for four (4) years. 8. If the Chief or a Councillor has been convicted of an indictable offence since his/her election then the Chief or that Councillor shall be disqualified and a vacancy of office shall result. 9. A vacancy of office shall result if the Chief or Councillor: a) Dies; b) Submits a written resignation to the Cowichan Tribes Council; c) Has a been convicted of an indictable offence while in office; d) Without just cause is absent from three consecutive duly convened Council Meetings; e) Violates this code and/or his or her Oath of Office of the Code of Ethics; f) Fails to maintain a standard of conduct expected of a Member of Council; g) Accepts or offers a bribe, forges a Council document or otherwise acted dishonestly in his/her role; h) Was negligent in failing to ensure the safety and protection of the community members and property; i) Abuse his office such that the conduct negatively affected the dignity and integrity of the community or of council; j) Encourages others to commit any of the above; or k) Does such other conduct as shall be determined by council to be of such a serious nature that the removal is necessary and appropriate.

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10. If a vacancy occurs on Cowichan Tribes Council, the vacancy shall be filled by the candidate who is still eligible to hold office and who received the highest number of votes among the unsuccessful candidates in the election in which the person who is being replaced was elected. If there is a subsequent vacancy, it shall be filled by the candidate who is still eligible to hold office and who received the next highest number of votes among the unsuccessful candidates. A person filling such a vacancy shall serve until the balance of the term of the person who created the vacancy expires. Eligible Electors

11. All electors of the Cowichan Tribes are eligible to vote in an election for the Cowichan Tribes Council and members that have attained the age of 18 years before the polling day and are not disqualified from voting are eligible to be on the voters list. Eligible Candidates

12. Have attained the age of 18 years on polling day; lives within the Cowichan Valley. Have no conviction of criminal charges, and must produce valid proof within two weeks after nomination. OR: At the nomination meeting each candidate must produce a nomination form complete with the nominators’ name, seconders’ name along with ten signatures supporting you. Electoral Officer

13. The Electoral Officer shall not be a Cowichan Tribes member and will be appointed by the Cowichan Tribes Council. The Electoral Officer shall be appointed by a Band Council Resolution, which will contain his or her full name, the date and time of the nomination meeting, the type of election, which is to be held, as well as any special instructions. 14. The Electoral Officer shall be appointed not less than 30 days before a nomination meeting is held. 15. If there is no Cowichan Tribes Council in office 30 days before a nomination meeting is held, the Electoral Officer shall be appointed by a special meeting of the electors specifically held for that purpose. The electors will nominate candidates and the Electoral Officer shall be chosen by majority vote. 16. The Electoral Officer shall chair all nominations meetings. 17. The Electoral Officer shall be responsible for:

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a) Supervising Deputy Electoral Officer(s); b) Determining eligibility of electors in accordance with list which will be provided by the Indian Registry Administrator at Cowichan Tribes to the Electoral Officer at least 79 days before the day on which an election is to be held. The Electoral Officer shall obtain the names of all Band Members who will have attained the age of 18 on the date on which the election is to be held, as well as the band membership number and date of birth of each; c) Contacting all nominees within 24 hours after the end of the nomination meeting; d) Establishing polling stations; e) Printing, distributing and counting ballots; f) Posting of results of the poll and submitting results to the appropriate locations (agencies or offices); g) Supervision of Scrutineers; h) Any other matter relevant to proper conduct at each polling station; i) Assist Cowichan Tribes Council on days of nomination meetings and polling; j) Identify top three (3) unsuccessful candidates who are still eligible to hold office and who received the highest number of votes; the unsuccessful candidates in the election to be used in the event of a vacancy at Cowichan Tribes Council; k) In the event of a tie for Chief or Councillor position, the Electoral Officer will oversee the process; and l) Other issues that is pertinent for the election. 18. The failure of the Electoral Officer to immediately post or forward the results of the poll shall not render the results void. Pre-Nomination Procedure

19. The Electoral Officer shall prepare a voters list containing the names of all the electors in alphabetical order. 20. The Electoral Officer shall establish an election file and place on this file copies of all documentation associated with the election, and that file shall remain open until such

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time as the appeal period of 14 days has expired. The file shall then be closed and kept at the Cowichan Tribes Administration Office. 21. The Electoral Officer shall, at least 30 days prior to the date of the nomination meeting, post a notice of the nomination meeting. 22. The notice of the nomination meeting shall contain and set out: a) The voters list; b) The criteria to be candidates; c) The time, date and place of the nomination meeting; d) The position or positions open for election; and e) A copy of this Code. 23. The notice of the nomination meeting shall be posted in the Cowichan Tribes Administration Office and other public places, as the Electoral Officer deems necessary. 24. In the case of a general election, the date of the nomination meeting shall be at least forty-two (42) days prior to the date of the election. Nomination Eligibility

25. Only electors may nominate or second a nomination of a candidate. 26. Only electors who meet the requirements of a candidate as set out in this Code may be nominated as a candidate. Have not been convicted of an indictable or felony charges within the last ten years. Provided that the conviction is not for Aboriginal Rights. 27. If the nominee is present at the nomination meeting, he/she shall sign the following documents: a) A notice of acceptance of nominations; and b) A sworn declaration confirming their eligibility as a candidate. 28. No elector can nominate or second more than four candidates, one for Chief and three for Councillor. (One of the options discussed here is that you would submit your nomination form declaring your candidacy and then those are the only people that are nominated and seconded at the nomination meeting. This way you avoid the huge number candidate and ridiculous candidates being nominated at the meeting. You then only get people that are interested in running).

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29. A candidate may run for the positions of both Chief and Councillor. If the candidate is elected to both positions, he or she must choose the position of Chief. If the candidate fails to be elected as Chief, he or she will be a Councillor provided that he or she received a sufficient number of votes to be elected Councillor. 30. A person is not disqualified from nomination for the office or Chief or Councillors by reason only of being an employee of the Cowichan Tribes. If the person is elected as either Chief or Councillor, he or she must resign as a Cowichan Tribes employee before taking office. 31. Those electors nominated for the office of Chief or for Councillor shall indicate their willingness to stand as a candidate in writing and deliver it to the Electoral Officer within 96 hours after the end of the nomination meeting. 32. All candidates who accept their nomination must provide the Electoral Officer, within seven (7) days, a short one-page profile that will be made available to the electors. 33. All candidates for the position of Chief must post a deposit of $100. 34. All candidates for the position of Councillor must post a deposit of $100. 35. The deposit shall be in the form of cash, money order, or certified cheque. 36. If the deposit takes the form of a certified cheque or money order, the instrument shall be made payable to the Cowichan Tribes. 37. All funds received as deposits during the election process, including those funds received pursuant to Sections 34 and 35, shall be placed in a special bank account which contains only those funds. The funds shall be held in trust by the Electoral Officer in this account and then paid out according the provisions of this Code. Withdrawal

38. A candidate may withdraw his or her candidacy within 5 days of the date on which the nomination meeting was held by submitting a written withdrawal of nomination to the Electoral Officer. 39. A candidate who withdraws shall forfeit his deposit. 40. A candidate who dies before the close of the polls shall be considered to have withdrawn his candidacy. Nomination Meeting (this would have to be adjusted if you went with candidates submitting their own nominations)

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41. At the time and place advertised, the Electoral Officer shall declare the nomination meeting open for the purpose of receiving nominations of candidates for the positions advertised. 42. An elector does not have to be in attendance at the nominations meeting to be nominated as a candidate. As soon as practical after the end of the nomination meeting, the Electoral Officer shall notify any nominated candidate who was not present at the meeting to inform the person(s) that they have been nominated. 43. The Electoral Officer shall open the nomination meeting for a minimum of two hours or until such time as all nominations from electors present have been received, whichever shall last occur, and thereafter, the meeting may be closed at the direction of the Electoral Officer. 44. Mail-in or faxed nominations must be received one day prior to the nomination meeting and must include the person(s) name being nominated and it must be signed by a nominator and a seconder. 45. The Electoral Officer shall maintain order at all times during the nomination meeting and may cause to be removed any person who, in his or her opinion, is disrupting or otherwise interfering with the meeting. 46. Subject to Section 28, any elector may propose or second a nomination of any qualified person to serve as the Chief or Councillor. The Electoral Officer shall record the name of the candidate, the nominator, and the seconder and shall confirm to the meeting that the proposed candidate is eligible to be elected to the position of Chief or Councillor of the Cowichan Tribes. 47. In the event that the number of nominees equals the number of seats available, the Electoral Officer shall declare those nominees to be elected by acclamation and recorded accordingly. 48. In the event there are insufficient nominees, another nomination meeting shall be conducted prior to polling day. 49. If the number of nominees exceeds the number of positions open for election, the Electoral Officer will announce the date of the election. Pre-Election Procedure

50. The Electoral Officer, or a Deputy Electoral Officer at the direction of the Electoral Officer, shall without undue delay, post a notice setting out the date, time and place for voting. Such notice shall be posted in the Cowichan Tribes Administration Office and other conspicuous public places as deemed necessary by the Electoral Officer. This notice shall be used posted not less than 14 days prior to the date selected for the election.

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51. There will be established at least one (1) polling station, at the location clearly set out on the notice. 52. The Electoral Officer, or a Deputy Electoral Officer at the direction of the Electoral Officer, shall have ballots prepared in the form prescribed and list on the ballots full and complete names, in alphabetical order, of all candidates for Cowichan Tribes Chief and Council. 53. The Electoral Officer or a Deputy Electoral Officer at the direction of the Electoral Officer, shall obtain sufficient ballot boxes, a sufficient number of ballots for the purpose of the election, instruments for making, a sufficient number of directions for voting as may be required, and all other equipment as necessary to establish and equip the voting location. 54. The Electoral Officer, or a Deputy Electoral Officer at the direction of the Electoral Officer, shall construct or erect polling booths at the location set out in the notice, and the polling booths shall be such that the privacy of the voter is maintained. 55. The Electoral Officer, or a Deputy Electoral Officer at the direction of the Electoral Officer, shall where necessary and when requested, appoint an interpreter for: a) All electors who have Hul’qumi’num as a first language, or are unable to read, or are unable because of blindness or other physical cause, to vote in the manner prescribed by Section 59; and b) The interpreter, and no other person, shall assist such voter in the presence of only either the Electoral Officer, or a Deputy Electoral Officer, in the polling place. And the Electoral Officer, or a Deputy Electoral Officer shall place the marked ballot in the box where the elector is physically unable. 56. Cowichan Tribes General Manager shall organize and chair one Candidate’s Forum for Chief and Councillor Candidates prior to polling day. Mail-In

57. Mail in votes shall be allowed but must be received prior to election day and must be kept sealed until the vote on election day. 58. One person shall be appointed by the Electoral Officer to receive, stamp and log all faxed, mail-in and hand delivered ballot(s).

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Polling Day

59. On the polling day, the polling station shall be open from 8:00 a.m. and remain open until 8:00 p.m. of the same day. 60. The polling stations shall be determined by the Electoral Officer and announced in notice of the nomination meeting. 61. The Electoral Officer, with such appointed Deputy Electoral Officers as he or she deems necessary, shall be in attendance at the time and place as is set out in the notice of poll. The Electoral Officer shall not be allowed to vote in the election. 62. The Electoral Officer shall, immediately before the commencement of the poll, open the ballot box and call such persons, as may be present, to witness that it is empty. The Electoral Officer shall then lock the box to prevent it from being opened and shall place it in view for the reception of the ballots and the box shall not be unlocked during the time appointed for taking the poll. 63. The polling station shall be under the Electoral Officer or a Deputy Electoral Officer(s). They may cause to be removed any person who in anyway interferes, disrupts, or attempts to influence the orderly conduct of the poll. 64. The polling station shall have an approved voters list posted in a conspicuous location. 65. Each elector who presents himself or herself at a polling station for the purpose of voting, after being confirmed by the Electoral Officer or a Deputy Electoral Officer as an elector shall be issued: a) Two (2) ballots, each of a different colour. One which contains a list of all the candidates for Chief, and the other which contains a list of all the candidates for Councillors; and b) Shall have their name marked on the voters list. 66. All electors are entitled to cast their ballot(s) once only. 67. The Electoral Officer or a Deputy Electoral Officer shall initial the back of each ballot immediately before giving it to an elector. 68. Each elector, after receiving a ballot, shall proceed to the place provided for marking ballots, and shall mark his or her ballot by placing a cross, ‘x’, or other mark that clearly indicates the elector’s choice, in the space provided on each ballot opposite the name of the candidate, and shall then deposit the ballot in the ballot box provided. While any elector is in the place for marking ballots, no other person, except as provided for in

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section 48, shall be allowed in the same compartment or be in any position from where they can see how the elector is voting. 69. A mistake on the ballot for Chief does not affect the ballot for Councillor and vise versa. Voting Irregularities

70. At the request of any elector who is unable to vote in the manner set out in Section 59, the Electoral Officer or Deputy Electoral Officer shall assist the elector by marking his ballot in the manner directed by the elector in the presence of another elector selected by the elector as a witness and shall place the ballot in the ballot box. 71. The Electoral Officer or Deputy Electoral Officer shall note on the voters list opposite the name of an elector requiring assistance, as set out in Section 71, the fact that he marked the ballot at the request of the elector and the reasons. 72. An elector, who has inadvertently dealt with his or her ballot(s) in such a manner that it cannot be conveniently used, shall return it to the Electoral Officer or a Deputy Electoral Officer who shall write the word “cancelled” upon the ballot(s) and preserve it, and the elector will then be given a fresh ballot. 73. An elector who has received a ballot or ballots and who leaves the polling place without delivering the same to the Electoral Officer or a Deputy Electoral Officer in the manner provided, or after receiving the ballot(s), refuses to vote, shall forfeit the right to vote at the election, and the Electoral Officer or a Deputy Electoral Officer shall make an entry in the voters list in the column for remarks opposite the name of the elector to show that the elector received ballot(s) and declined to vote. 74. If the elector refuses to vote, the Electoral Officer or a Deputy Electoral Officer shall mark upon the face of the ballot the word “declined” and all ballots so marked shall be preserved. 75. Any person who is a Cowichan Tribes member who is at least 18 years of age and eligible to vote, but whose name does not appear on the voters list, may present identification and evidence of membership to be verified by the Electoral Officer or a Deputy Electoral Officer, and if the Electoral Officer or a Deputy Electoral Officer is satisfied that the person is eligible to vote pursuant to the Code, the person’s name shall be added to the voters list and the person shall be allowed to vote at the polling station. 76. Every elector who is in the polling place at 8:00 p.m. shall be entitled to vote before the polls are closed.

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77. Each candidate listed on a ballot will be entitled to appoint one Scrutineer to be an observer for the duration of the poll being open. However, the Scrutineers shall not intervene, interfere or observe the marking of a ballot by an elder at the polling station. Election Tabulation

78. All ballots shall be counted at the time that polling stations are closed and the results posted within 24 hours after the polls are closed. 79. Immediately following the close of the poll, the Electoral Officer shall, in the presence of the candidates or their agents, and any elector as may be present, open the ballot box or boxes, and: a) Examine the ballots and reject any that are not initialed by the Electoral Officer or a Deputy Electoral Officer, or any other ballots that, in the Electoral Officer’s opinion, do not give a clear indication of the elector’s selections. If any of the ballots have more votes than there are vacancies for the position, those ballots shall be rejected. All rejected ballots papers shall be preserved; b) Reject any ballots upon which have markings by which the elector can be identified; c) Subject to review on the recount or on an election appeal, take a note of any objections made by any candidate or his agent to any of the ballots found in the ballot box and decide any questions arising out of the objections; d) Number such objections and place a corresponding number on the back of the ballot paper with the word “allowed” or “disallowed” as the case may be with the Elector Officer’s initials; and, e) Count the votes given for each candidate from the ballots not rejected and make a written statement of the number of votes given to each candidate and of the number of ballots rejected and not counted by the Electoral Officer, and the statement shall then by signed by the Electoral Officer and other persons authorized to be present as may desire to sign the statement. 80. In the event of a tie vote for a Council position, the Electoral Officer shall hold a recount immediately and this recount shall be final, subject to a successful appeal.

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Tie

81. If it is not possible to determine the successful candidate(s) for either a Chief or Councillor position due to an equal number of votes being cast (tie vote), the Electoral Officer shall establish a time for the conduct of a recount and publicly announce this time in the presence of all those present in the polling station. 82. A recount conducted pursuant to Section 70 must take place within 24 hours of the announcement by the Electoral Officer made pursuant to Section 70, in the presence of the candidates and their agents who wish to attend. 83. At the time established pursuant to Section 70, the Electoral Officer shall conduct a recount of the valid ballots. 84a. If the recount fails to determine a successful candidate, the Electoral Officer shall cast ballots in order to break the tie. The Electoral Officer shall place the names of the candidates having the same number of votes on a paper and place each in a receptacle. Without looking, he shall draw as many papers as there are positions available. The candidate(s) whose name(s) appear on the pieces of paper the Electoral Officer has drawn from the receptacle shall constitute the candidate(s) for whom the Electoral Officer shall cast a vote. OR: 84b. After a tie vote has been declared, the Electoral Officer shall then immediately announce that another vote will be conducted thirty (30) days from the date on which the tie votes was declared. Only those candidates who had the tie vote will be eligible to have their name on the ballot of the subsequent election. 85. After tabulation, the Electoral Officer shall announce the names of the candidates that received the highest numbers of votes and publicly declare these candidates elected. 86. Following the announcement, the Electoral Officer shall post, in conspicuous places, a statement signed by her showing the number of votes cast for each candidate. 87. Following the electoral announcement, the Electoral Officer shall complete and sign an election report, in triplicate, which shall contain: a) A list of all candidates; b) The number of ballots cast; c) The number of votes cast for each candidate; d) The number of spoiled ballots; e) The number of rejected ballots; and

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f) The number of assisted or interpreted electors. 88. The Electoral Officer shall forward a copy of the report to: a) The Chief and Council of Cowichan Tribes; and b) The Cowichan Tribes General Manager. 89. Terms: a) Inauguration Ceremony nd

b) Set a standard voting day (2 Tuesday of December) c) Establish Governance Code. 90. Each newly elected member of the Cowichan Tribes Council shall take an Oath of Office (Appendix I) and sign the Conflict of Interest document at a Special Band Meeting. Appeal Process

91. Any candidate in the election, or any elector who voted in an election, may, within fourteen (14) days {or 30 days} of the poll, appeal the election to the Electoral Appeal Board if the candidate or elector has reasonable grounds for believing that there was an error or violation of this Code during the election process that might have affected the outcome of the election. 92. An appeal submitted to the Appeal Board must: a) Be in writing and set out in an affidavit sworn before a Notary Public or Duly Appointed Commissioner for taking oaths the facts substantiating the grounds for the appeal accompanied by any supporting documentations; and b) Be accompanied by a deposit in the amount of $25.00. 93. Grounds for an appeal may include the following: a) Fraudulent practice in connection with the election; b) Undue influence, coercion, manipulation during the election process; c) Double voting; d) Tampering with the ballots and/or the ballot box; or

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e) Interfering with the election process. 94. The decision of Electoral Appeal Board is final and binding. New General Election Review

95. The Election Code Committee may review the Code in two years, or as necessary, or required. Items for possible review include: a) How is the Election Code Committee determined? b) Will changes go to community to vote on? c) What is the amending formula? d) Will Chief & Council establish a committee? May appoint 3 community members, and 2 Councillors. 96. Upon receipt of an amendment proposal, Council shall prepare a notice that sets out: a) A summary of the proposed amendments to this Code; b) A statement that the full copy of the proposed amendments can be obtained at the Band Administration Office; and c) A description of the amendment process. 97. The notice provided for in Section 84 shall be: a) Published in the community’s newsletter, delivered or mailed to band electors, or by separate notice delivered or mailed to all band electors; and b) Posted in at least one conspicuous place on the reserve. Electors may within 14 days of publication of the notice outlined in Section 84, provide comments concerning the proposed amendments in writing to council; c) Following receipt of comments concerning the proposed amendments pursuant to Section 86, the Council shall review the comments and make such changes to the proposed amendments as they deem necessary in order to arrive at a final amendment proposal; d) The council shall submit the final amendment proposal to a community vote to be conducted in accordance with the {?};

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e) Should the majority of the votes cast at a community vote be in favour of the proposed amendments being brought to the Code, Council shall amend the Code accordingly; f) Elections held under the amended code shall take place no sooner than 100 days from the community vote. Amendments

98. The Cowichan Tribes Council may propose any changes to the Code. The changes must be posted in at least two conspicuous places in the community and upon request the Council must provide a copy to Cowichan Tribes members. 99. If a challenge is received, regarding the proposed changes, the Chief and Council must address these concerns prior to presenting the proposed changes to the general membership for approval. 100. The Cowichan Tribes Council shall hold a meeting of the membership, seeking approval for the proposed changes. 101. Notice of the meeting to approve proposed changes, must be posted in the Cowichan Tribes Administration Office and at other conspicuous places in the community, at least fourteen (14) days prior to the meeting. 102. To take effect, the proposed changes must be approved by the majority of the Cowichan Tribes members who are eligible to vote. General

103. If any provision of this Code, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Code, or the application thereto to other circumstances, shall not be affected thereby and shall be held valid and enforceable to the full extent permitted by law.

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Appendix I Oath Of Office

I ________________, Chief /Councillor of the Cowichan Tribes, do hereby declare that I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed to me by the members of the Cowichan Tribes.

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