3.30.070 Special election for recall and filling of vacancies.
(a) Recall Petition. In accordance with Article X, Section 2 of the Constitution, upon written petition of at least 30 percent of the Tribal voting membership, presented to and verified by the Election Board, a special election shall be called to consider the recall of an elected official. In the case of a Yurok Tribal Council member serving from a district, the petition requirement shall be at least 30 percent of the eligible voters from the district represented by the Council member. A $250.00 nonrefundable filing fee is required by the petitioner.
(b) Special Election. A special election shall be called by the Election Board to consider the recall of the elected official named in the petition. The election shall be held within 60 days from the date the petition is verified; provided, that any petition submitted within four months of the next primary election shall be placed on the ballot of the primary election.
(c) Recall of Elected Official. The position occupied by the official named in the recall petition shall be declared vacant if at least two-thirds of those voting support the recall. For the recall of the Chairperson or Vice-Chairperson, the entire Tribal voting membership shall be eligible to participate in the special election. For the recall of a district Council member, only eligible voters registered in that district shall be eligible to participate in the special election.
(d) Filling Vacancy Due to Recall. A vacancy due to a recall shall be filled in the following manner:
(1) Vacancy During First Year. If the vacancy occurs during the first year of the term to which the elected official was elected, the Yurok Tribal Council shall fill the vacancy for the unexpired portion of that term by appointing the candidate who received the next highest number of votes in said election, if that candidate received at least 30 percent of the total votes cast.
(2) Special Election to Fill Vacancy. If the elected official to be replaced was unopposed in said election, or if the candidate receiving the next highest number of votes did not receive at least 30 percent of the total votes cast for that office, or if the vacancy occurs during the second year of the term, the vacancy shall be filled by a special election called and conducted pursuant to Article III, Section 10 of the Constitution.
(3) Vacancy During Last Year of Term. A vacancy which occurs less than one year prior to the expiration of the term shall not be filled until the next regularly scheduled election.
(e) Frequency of Recall Elections. No more than one recall election shall be held in any one calendar year with respect to any specific Tribal official. [Ord. 76 § 4507, amended, 6/23/2022; Ord. 56 § 4508, amended, 5/9/2019; Ord. 42 § 4508, adopted, 3/4/2015.]