2020 Proposed Changes to Election Regulations

Kwakiutl Members who are residents of the Tri-Port Area (Port Hardy, Port McNeill, Port Alice) on the day the election notice is posted can run for Chief or Councilor.

Forty-eight (48) hours after nominations all candidates can post to Kwakiutl Nation Website, Newsletter and Face book page.

There will be no proxy voting, and the Electoral Officer will not collect ballots from voters at locations away from the polling place (e.g.in private homes).

The Advance Poll will be open from 8:00 a.m. to 8:00 p.m. at the Literacy Centre or a location to be determined and announced in the Election Notice.

Election Day in-person voting will be open from 8:00 a.m. to 8:00 p.m. at the Literacy Centre or a location to be determined and announced in Election Notice.

In-person voting shall be done by secret ballot. Online use of an electronic voting program (e.g. One Feather Voting Program) will be provided for those who do have cell phones or personal computers. Mail-out ballots may be provided for those requesting ballots at least 10 days prior to Election Day, subject to the voter providing valid identification to the Electoral Officer, as per instructions posted on the Kwakiutl First Nation website.

Starting in 2020 the term of office for Chief and Councillor shall run for four years from the last election for any position on Council.

The term of office for Chief, as well as for two Councilor positions, shall expire on the second Friday in November every four years from the last election for these positions.

Four Councillor positions shall be elected in September 2020, and to expire on the second Friday in May every 4 years thereafter.

Beginning in 2020, in the event that a Chief Councillor or Councillor resigns (verbally or in writing), or misses 3 consecutive Council meetings for reason(s) unacceptable to a quorum of Council, he or she will be automatically replaced by the candidate who received the next highest number of votes in his/her election. If the candidate with the next highest number of votes is unable or unwilling to accept a Council position, an election will be held to fill the vacant position.

If a Council member is deemed by a quorum of Council to be a liability risk for the Kwakiutl Band based on personal conduct incompatible with his/her position as a Council member he/she may be excluded from Council meetings.The reason for this exclusion must be recorded in a duly convened meeting of Council.

If there is irrefutable evidence recorded in a duly convened meeting of Council that a member of Council has violated his/her Code of Conduct, a quorum of Council may vote to remove the offending Council member from his/her office, in which case the removed member of Council is replaced by a by-election. (Note: Council may choose to resolve such cases through a formal mediation or arbitration process if there is a consensus of Council members to do so recorded in a duly convened Council meeting.)

The regulations may be amended by a meeting or referendum advertised at least seven days in advance, in a secret ballot vote of the electors carried by a two-thirds majority of those electors who participate, and the notice of the meeting or referendum shall state specifically, what is to be changed.

The scheduling of notices for Kwakiutl Band elections shall be as follows: i. At least 7 days notice of referendum on changes to election regulations ii. At least 35 days notice of an election (Voters List to be posted on same day of Election Notice) iii. At least 14 days notice of a Nomination Meeting