Voter recall is the process for the community to decide if an elected official needs to be removed from office for non or poor performance between elections.
Section 1. Initiation. A notice of intent to initiate a recall petition must be registered by a citizen of the Tribe with the Board of Elections to initiate a recall. The Board of Elections shall calculate the number of signatures required as sixty-seven percent (67%) of the voters who cast a ballot in the previous General Election for the specific office in question and assign a commencement date.
Section 2. Signature Collection. The petition must be signed by registered voters eligible to vote for the elected official being recalled and verified by the Board of Elections. Any petition to be valid must be submitted to the Board of Elections within thirty (30) days of the petition commencement date. If the petition is not timely submitted, the signatures obtained are invalidated.
Section 3. Referendum. If the petition for recall meets or exceeds the above requirements, then a Referendum for Recall shall be instituted by the Board of Elections.
Clause 1. Locking Voter Registration. While the Referendum for Recall is in process, no new voters shall be allowed to register within the district of recall.
Section 4. Special Election. The Board of Elections shall give notice to the affected voters of the purpose, time and location of the special election to be held within ninety (90) days from the date of the Board’s official acceptance of the validated petition.
Section 5. Results of the Election. An affirmative vote for recall of sixty-seven (67) percent or more of the votes cast in the recall election, as certified by the Board of Elections shall be required to remove an elected official from office. The elected official shall be removed from office immediately creating a vacancy. Any vacancy so created shall be filled pursuant to the appropriate provision of this Constitution.
Section 6. Consequences. Any persons removed from office by recall shall not be disqualified from holding office in the future or employment in any governmental capacity by the Eastern Band of Cherokee Indians.
(January 2022 draft + commentary to view the corresponding explanation.)