N A T I O N A L C O N G R E S S O F A M E R I C A N I N D I A N S To: NCAI Membership Fr: NCAI Executive Committee Re: Potential Amendments to Improve NCAI Elections Process Dt: June 9, 2014 E XECUTIVE COMMITTEE PRESIDENT Brian Cladoosby Swinomish Tribe FIRST VICE-PRESIDENT Michael Finley Colville Tribes RECORDING SECRETARY Robert Shepherd Sisseton Wahpeton Oyate TREASURER Dennis Welsh, Jr. Colorado River Indian Tribes R EGIONAL VICE- P RESIDENTS ALASKA Jerry Isaac Native Village of Tanacross EASTERN OKLAHOMA S. Joe Crittenden Cherokee Nation GREAT PLAINS Leander McDonald Spirit Lake Nation MIDWEST Aaron Payment Sault Ste. Marie Band of Chippewa Indians of Michigan NORTHEAST Randy Noka Narragansett Tribe NORTHWEST Fawn Sharp Quinault Indian Nation PACIFIC Rosemary Morillo Soboba Band of Luiseno Indians ROCKY MOUNTAIN Ivan Posey Shoshone Tribe SOUTHEAST Ron Richardson Haliwa-Saponi Indian Tribe SOUTHERN PLAINS Steven Smith Kiowa Tribe SOUTHWEST Manuel Heart Ute Mountain Ute Tribe WESTERN Arlan Melendez Reno Sparks Indian Colony EXECUTIVE DIRECTOR Jacqueline Johnson Pata Tlingit NCAI HEADQUARTERS 1516 P Street, N.W. Washington, DC 20005 202.466.7767 202.466.7797 fax www.ncai.org The following are two proposals to improve the administration of NCAI elections by amendments to the NCAI Bylaws and Standing Rules. We propose to consider these changes at the NCAI Annual Meeting the week of October 26 in Atlanta, Georgia. At the most recent NCAI election, some concerns were raised about the elections process. The process was time consuming and some tribal leaders missed the runoff. These changes are intended to modify the process to make the process more efficient and ensure that all NCAI member tribes have the best opportunity to have their votes counted, including in the event of a runoff. 1) Revisions to the Elections Schedule and Balloting Process The NCAI elections process is set out in a defined schedule under the NCAI rules, particularly in the Standing Rules, Part V. Generally, nominations are on Wednesday and the election is held on Thursday in the General Assembly of the Annual Meeting during election years. This process has been in place for a long time and includes the candidate speeches. There was a significant change in 2002 when the rules were amended to permit electronic vote counting. Electronic ballots have been successful in expediting the elections, but the timing can still be uncertain depending on the number of candidates and voters and runoffs. The process requires a large number of tribal leaders to stay in one room for an indefinite period of time. This proposal is to change the schedule and process. Balloting would be held in a separate room from the General Assembly under an announced schedule so that tribal leaders can vote at their convenience during a defined time frame. The schedule would be revised: a) Nominations begin no later than 2:00pm on Wednesday. b) Candidate speeches after nominations on Wednesday. c) Voting at 8:00am to 10:00am on Thursday in separate room while General Assembly continues. d) If needed, runoff voting at 11:00am to Noon on Thursday in the separate room. Changes along these lines would require amendments to the NCAI Standing Rules of Order, Section V. The attached includes a redline-strikeout proposal for such amendments.
Page 2 2) Modify the Runoff Threshold from Majority to the Double Complement Rule Even if the possibility of a runoff election is clearly communicated and a schedule announced, runoffs are unpredictable for voters and time-consuming. In most elections with more than two candidates there is a leading candidate by a wide margin, and the runoff is an unnecessary use of time and money. However, plurality elections with no runoff are sometimes criticized because it tends to create the possibility of a spoiler. (For example, in 2000 Ralph Nader was criticized for drawing votes away from Al Gore, and in 1992 Ross Perot was criticized for drawing votes away from George Bush.) The NCAI Bylaws require the winning candidate to win by a majority or 50%, and thus requires a runoff in many elections with more than two candidates. The threshold could be changed by rule so that a runoff would only be needed in a close race. We propose a runoff threshold formula known as the double-complement rule. There is a runoff only if the leading candidate s shortfall from 50% is less than double the shortfall from 50% of the second candidate. For example, with a leading candidate at 40%, there would be a runoff only if the second candidate had more than 30%. As a quick look at the math, the formula assumes that in a second round of runoff voting the leading candidate from the first round is virtually certain to receive at least 1/3 of those votes that went to the other candidates who were eliminated after the first round. The attached proposed amendments include a proposal to modify the threshold for a runoff election to the double complement rule.
SECTION V Election of Officers Only tribal delegates or alternates to NCAI in good membership standing shall qualify for nomination, election or office of the Administrative Board Officers or Regional Vice President. Any registered member in good standing is eligible to nominate others and participate in the election process. The President (or session Chair) shall turn the Chair over to the Election Committee Chairman. No member of the Election Committee shall be a candidate for any office. A. Nominations Nominations of officers shall begin no later than 2:00 3:30 p.m. on Wednesday of an election year. 1. Nominations of officers shall be in the following order: a. President b. First Vice President c. Recording Secretary d. Treasurer 2. The Election Committee Chairman shall declare nominations open for the office of President; 3. Nomination speeches shall be no longer than two (2) minutes. Individuals making nominations must state their name, the tribe they represent, and indicate that they are a member in good standing of NCAI. Nominations do not have to be seconded, and no seconding speeches shall be allowed. 4. After calling for nominations three (3) consecutive times, the Chairman may declare nominations closed without a motion. Motions to close nominations in order to block a nomination are not allowed. 5. Campaign speeches will take place immediately after the nominations. Campaign speeches shall be no longer than five (5) minutes. B. Balloting by Tribal Delegates The campaign speeches and the voting process shall take place from 8:00 am to 10:00am begin no later than 1:30 p.m. on Thursday of an election year. If needed, balloting for a runoff will be held from 11:00am to
Noon. Campaign speeches by candidates shall be no longer than five (5) minutes. The balloting will take place in a separate room while the General Assembly continues. The balloting for all officers shall be by consolidated secret ballot. Each tribal delegate shall be entitled to 100 to 180 votes in accordance with the table in Article III, Section B, 1(d) of the NCAI By-Laws. p. 22 1. Tribal delegates will pick up one of the official ballots at the registration tables located in the convention hall. Each of the registration tables will have a list of tribal delegates, the correct number of ballots with appropriate number of tribal votes, and a sign in sheet for tribal delegates. 2. Seated at each of the registration tables will be two (2) individual members in good standing from each Region selected by each Regional Vice President. One Elections Committee volunteers will be selected by each Regional Vice President and will check the delegate against the official delegate list and monitor the signature while the other hands out the ballots. 3. The ballot box or boxes will be inspected by the Elections Committee Chair prior to the balloting to assure that each the box is empty and secure. BThe ballot boxes will be placed in an area that can be clearly viewed by the Elections Committee members, other election officials and the nominees. The box will only be accessible to those tribal delegates casting the ballot. 4. The elections committee may use electronic vote counting equipment, and may also use electronic balloting. C. Balloting by Individual Members Indian individual members shall be entitled to cast one vote. Ballots for Indian individual members shall be a different color than tribal ballots whenever possible. 1. Registration Four (4) tables shall be set up on the Assembly floor at which Election Committee two (2) members in good standing shall be appointed to distribute ballots to members whose name appears on the list assigned to that table. The list of all Indian individual members shall be divided equitably between the tables. 2. Balloting shall proceed similar and simultaneous to member tribe voting. 3. Proxy voting is not permitted. 4. The tabulating of the ballots cast by Indian individual members shall be done by at least one representative from each table.
D. Robert s Rules of Order require that a majority of the votes must be cast for a candidate for him/her to be elected. Double Complement Rule for Runoff Elections. A runoff election will be held only if the leading candidate s shortfall from 50% is less than double the shortfall from 50% of the second candidate. For example, if a leading candidate has 40% of the votes, there will be a runoff only if the second candidate has more than 30% of the votes. E. If a runoff is required n the event a candidate does not get a majority of the delegate votes, another balloting will take place. Only the two (2) highest vote getters for an office will be on the second ballot. Once a candidate gets a majority of the delegate votes, the Chair will request a motion to adopt the Election Committee report. F. Regional Vice Presidents are elected in the Regional caucuses at a time specifically set aside for this purpose. Each caucus chair reports the results of caucus elections and makes a motion to ratify their elections at the conclusion of the report: Mr./Madam Chair, the Region has elected Mr./Ms. as our Regional Vice President and Mr./Ms. as the alternate. I move and ask unanimous consent for the Convention to ratify our election. The Chair responds: Hearing no objection, so ordered! SECTION H Election and Term of Office NCAI ByLaws Proposed Amendment to Modify Runoff Elections 1. The term of all officers shall be two (2) years. Officers shall not serve more than two (2) consecutive terms. 2. Officers shall be elected at an election held at the Annual convention of each odd calendar year. Each officer shall hold office until a successor has been duly elected and qualified. 3. The President, First Vice President, Recording Secretary and Treasurer shall be elected by secret ballot by a majority vote cast of all voting individual and tribal members present.
4. Double Complement Rule for Runoff Elections. A runoff election will be held only if the leading candidate s shortfall from 50% is less than double the shortfall from 50% of the second candidate. For example, if a leading candidate has 40% of the votes, there will be a runoff only if the second candidate has more than 30% of the votes. If there shall be a tie vote, or if the candidate with the highest number of votes shall not receive a majority of all votes cast in a particular election, a further ballot shall be cast in a particular election, and further ballot shall be cast listing the two candidates receiving the highest number of votes. In the case of a tie for second place, there shall be a run off between the tied candidates. The winner of that run off shall then appear on the next ballot with the candidate originally receiving the highest vote. 5. The election process is further clarified in Part V of the NCAI Standing Rules of Order. NCAI Constitution Proposed Amendment to Modify Runoff Elections 2. Elections a. Election Process: The President, Vice President, Recording Secretary and Treasurer shall be elected by secret ballot for tribal members by a majority vote of all members.