Monday, August 11, 2008

ELECTION LAW NEEDS TO BE CHANGED

AS I WALK AROUND SHANTOK DURING THIS CULTURAL WEEK, I KEEP TALKING TO TRIBAL MEMBERS TO FIND OUT WHAT THEY THINK OF THE UPCOMING ELECTION.

THEIR REACTIONS ARE , THEY CAN FIND TWO OR THREE OUT OF THE FOUR TO VOTE FOR. TO HAVE THEIR BALLOT COUNTED THEY NEED TO VOTE FOR ALL FOUR POSITIONS OPEN FOR THE COUNCIL OF ELDERS . THEY REALLY DO NOT WANT TO PICK FOUR WHEN ONE,TWO OR THREE IS ALL THEY REALLY WANT TO VOTE FOR. . THEY WOULD NOT PICK ALL FOUR IF THE ELECTION ORDINANCE DID NOT SAY "REQUIRED."

THE CONSTITUTION OF THE MOHEGAN TRIBE, ARTICLE VII-VOTING
SECTION 2 " IN EACH TRIBAL ELECTION, EVERY REGISTERED VOTING MEMBER SHALL BE ENTITLED TO CAST ONE VOTE FOR EACH ELECTIVE POSITION AVAILABLE."


THE CONSTITUTION USES THE PHASE "SHALL BE ENTITLED."


THE ELECTION ORDINANCE USES THE WORD "REQUIRED"

THE CONSTITUTION IS CLOUDY ON ITS' INTENT. IT COULD MEAN YOU DO NOT HAVE TO VOTE THE ENTIRE BALLOT OR YOU HAVE TO. THE CONSTITUTION SHOULD USE THE WORD "MAY" AND THIS WAY TRIBAL MEMBERS COULD VOTE ANY NUMBER UP TO THE TOTAL NUMBER OF POSITIONS,

SOME MEMBERS WILL SAY OTHER TRIBES VOTE THE WAY WE PRESENTLY VOTE. THE BOTTOM LINE IS THE UNITED STATES CONSTITUTION DOES NOT SAY WHAT OURS DOES. IN THE UNITED STATES YOU CAN VOTE WHAT YOU WANT ON THE BALLOT AND YOUR BALLOT COUNTS. SO WHY SHOULD WE BE DIFFERENT? COULD IT BE THAT THE PRESENT SYSTEMS HELPS THE INCUMBENTS?

IF YOU LIKE OR DO NOT LIKE THE ORDINANCE, CONTACT THE COUNCIL OF ELDERS AND VOICE YOUR OPINION. AT THE VERY LEAST THE COUNCIL OF ELDERS SHOULD DO THE WILL OF THE MOHEGAN PEOPLE , PUT AN AMENDMENT TO THE CONSTITUTION OUT SO THAT A MEETING COULD BE HELD AND TRIBAL MEMBERS COULD VOICE THEIR OPINIONS. IF THE MEETING IS FAVORABLE TO AN AMENDMENT CHANGE , IT SHOULD BE SENT FORWARD TO THE MEMBERSHIP, SO THEY CAN DECIDE ONCE AND FOR ALL, WHAT THEY WANT.

IN MY OPINION ANOTHER WAY IS THE ELECTION COMMITTEE COULD CHANGE THE ORDINANCE, IF THAT IS THE WILL OF THE PEOPLES , AND PRESENT THE NEW ORDINANCE TO THE TRIBAL COUNCIL FOR THEM TO VOTE ON. HOWEVER, IT WOULD STILL NOT REMEDY THE FLAW IN THE CONSTITUTION..

HOPEFULLY WE WILL NOT HAVE ANOTHER ELECTION WHERE PEOPLE HAVE TO CHOOSE PEOPLE, THEY DO NOT NECESSARILY WANT TO PICK, BECAUSE OF AN ORDINANCE THAT IN MY OPINION, VIOLATES THE INTENT OF THE CONSTITUTION.

PLEASE CHECK OUT PREVIOUS STORY ON SOVEREIGN IMMUNITY?

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