CHAPTER 8-3 ELECTIONS

 

GENERAL PROVISIONS

8-3-1 Authority

This Chapter is established by the Colville Business Council under authority contained in Article III, Section 2, of the Constitution and By-Laws of the Confederated Tribes of the Colville Reservation 1, including the amendments thereto.

1(note: Confederated Tribes of the Colville Tribe of the Colville Reservation)

(Amended 2/6/97, Resolution 1997-72)

(Certified 2/20/97)

8-3-2 Purpose

Purpose and intent of this Chapter is to establish and define written procedures for the administration of fair tribal elections.

8-3-3 Definitions

(a) "Business Council" means the Colville Business Council, a 14 member

governing body established by the Constitution and By-Laws of the

Confederated 2 Tribes of the Colville Reservation.

2(note: "Colville" in original corrected 8/8/01)

(b) "Closely related/immediate family" shall be the interpretation of closely

related/immediate family, as listed:

(1) Grandparent,

(2) Parent,

(3) Spouse/significant other,

(4) In-law,

(5) Daughter,

(6) Son,

(7) Foster child,

(8) Brother,

(9) Sister,

(10) Aunt,

(11) Uncle,

(12) Niece,

(13) Nephew,

(14) First Cousin,

(15) Anyone who resides in the same household.

(Amended 2/6/97, Resolution 1997-74)

(Certified 2/20/97)

(c) "Constitution" means the Constitution and By-Laws having been proposed

and duly ratified by the Indians of the Confederated Tribes of the Colville

Reservation on February 26, 1938, including amendments.

(Amended 2/20/97, Resolution 1997-91)

(d) "Election Committee" means a committee composed of one seated council

member from each district, provided that he is not up for re-election this

calendar year, and providing that the Election Committee is approved by

majority vote of a quorum of the Colville Business Council.

(Amended 2/6/97, Resolution 1997-74)

(Certified 2/20/97)

(Amended 2/7/02, Resolution 2002-54)

(Certified 2/12/02)

(e) "Election day" means the day established by the approved schedule of

events to hold the primary election or the general election.

(Amended 1/10/02, Resolution 2002-7)

(f) "Election Staff" means the Executive Director or his designee, Election

Coordinator and one Election Clerk.

(Amended 2/5/98, Resolution 1998-108)

(Amended 2/6/97, Resolution 1997-74)

(Certified 2/20/97)

(Amended 2/7/02, Resolution 2002-55)

(Certified 2/12/02)

(g) "Eligible voter" means an enrolled member of the Colville Confederated

Tribes, who are at least 18 years of age as of election day.

(h) "Enforcement officer" means any tribal police officer, game warden, and

park rangers.

(Amended 2/20/97, Resolution 1997-91)

(i) "Him/he" is intended to be gender neutral and should be understood to

include the meaning of she/her.

(Amended 1/10/02, Resolution 2002-8)

(j) "Physically reside" means bodily residing in a primary home residence in

accordance with Article II, Section 6 of the Constitution and By-Laws.

(Amended 2/20/97, Resolution 1997-90)

(Amended 1/10/02, Resolution 2002-9)

(k) "Polling place" means the location designated by the Election Committee

where balloting takes place.

(Amended 2/6/97, Resolution 1997-74)

(Certified 2/20/97)

(l) "Registration" means all enrolled tribal members, 18 years of age and older

are considered automatically registered for tribal election purposes.

(m) "Schedule of events" means the official notice of election to include

applicable times/dates of events.

(n) "Signature" includes, for those persons unable to write, a thumbprint and/or

his "X," providing two witnesses affix their signature.

(o) "Superintendent" means the superintendent or designee of the Colville

Indian Agency.

(Amended 1/10/02, Resolution 2002-10)

(p) "Tribes" means the Confederated Tribes of the Colville Reservation.

(Amended 2/20/97, Resolution 1997-91)

(q) "Voting district" means the general geographic area surrounding the

Inchelium, Keller, Nespelem and Omak communities. The boundaries of each

Reservation district shall be specifically delineated in an official voting district

map approved by the Election Committee. Voting districts shall also include

adjacent off-reservation areas. The following lists on and off reservation voting

district communities:

Inchelium District* Keller District* Nespelem District* Omak District*

Inchelium Keller Nespelem Omak

Colville Wilbur Grand Coulee Riverside

Kettle Falls Republic Electric City Oroville/Loomis

Hunters Curlew West Coulee Dam Tonasket/Ellisford

Orient Malo Delano Malott

Northport Danville Brewster

Laurier Bridgeport

Pateros

West Omak

Okanogan

The off-reservation voting district communities may not be used to establish candidate residency. District map available, upon request through the Elections Office or district community centers.

(Amended 2/6/97, Resolution 1997-74)

(Certified 2/20/97)

(Amended 1/10/02, Resolution 2002-16)

(r) "Certification of votes" means the official tallied results of all poll votes and absentee ballots approved by the Election Committee.

(Amended 1/10/02, Resolution 2002-11)

(s) "Indoctrination" means verbal and written orientation instructions provided to the District Election Board by Election Staff and the Election Committee.

(Amended 1/10/02, Resolution 2002-12)

(t) "Candidate" means any tribal member who has satisfied the requirements for candidacy, as provided for in Article II, Section 6 of the Constitution and By-Laws.

(Amended 1/10/02, Resolution 2002-13)

(u) "Incumbent" means current Councilperson seeking re-election.

(Amended 1/10/02, Resolution 2002-14)

(v) "Tribal entities" means tribal programs that operate under the Confederated Tribes and shall include profit and non-profit organization enterprises owned and/or controlled by the Confederated Tribes of the Colville Reservation.

(Amended 1/10/02, Resolution 2002-15)

ELECTION OFFICIALS

8-3-30 Election Committee

(a) The Election Committee shall, pursuant to Article III, Section 2, of the

Constitution and By-Laws, have overall responsibility to determine the rules

and regulations governing all tribal elections, provided such rules and

regulations shall be subject to approval by the Colville Business Council.

(Amended 12/17/98, Resolution 1998-911)

(Certified 12/22/98)

(Amended 2/6/97, Resolution 1997-73)

(Certified 2/20/97)

(Amended 1/10/02, Resolution 2002-17)

(b) In the event that a candidate is closely related to an Election Committee

member, the alternate Election Committee member will be used. The Election

Committee shall identify a minimum of four alternate committee members on

the date which the schedule of events is approved.

(Amended 2/6/97, Resolution 1997-73)

(Certified 2/20/97)

(Amended 1/10/02, Resolution 2002-18)

(c) The Election Committee shall consist of one seated council member from

each district.

(Amended 2/6/97, Resolution 1997-73)

(Certified 2/20/97)

(Amended 2/7/02, Resolution 2002-56)

(d) The Election Committee members shall not be up for re-election during the

election year.

(Amended 2/6/97, Resolution 1997-73)

(Certified 2/20/97)

(Amended 1/10/02, Resolution 2002-19)

(e) The Colville Business Council Executive Committee shall not be

recognized as ex-officio Election Committee members.

(Amended 2/6/97, Resolution 1997-73)

(Certified 2/20/97)

(Amended 1/10/02, Resolution 2002-20)

(f) Three members shall constitute a quorum.

(Amended 2/6/97, Resolution 1997-73)

(Certified 2/20/97)

(Amended 1/10/02, Resolution 2002-21)

(g) Alternates to the Election Committee may be any enrolled Colville tribal member who is an active voter, and has voted in previous elections. The Colville Business Council shall select one alternate for each district.

(Approved 2/7/02, Resolution 2002-57)

8-3-31 Election Staff

(a) The Election Staff shall consist of the Executive Director or his designee,

Election Coordinator and one Election Clerk.

(Amended 2/5/98, Resolution 1998-108)

(Amended 2/6/97, Resolution 1997-75)

(Certified 2/20/97)

(Amended 2/7/02, Resolution 2002-58)

(b) The Executive Director or his designee, Election Coordinator and Election

Clerk shall be the only persons authorized to receive, from the U.S. Post Office,

election correspondence, and the postmaster shall be

so notified.

(Amended 2/5/98, Resolution 1998-108)

(Amended 2/6/97, Resolution 1997-75)

(Amended 2/7/02, Resolution 2002-59)

(c) The Election Staff shall be allowed to handle and process election material

as set forth herein.

(Amended 2/7/02, Resolution 2002-60)

(d) The Election Coordinator shall be responsible for the proper administering

of the election and shall provide adequate security of the ballots.

(Amended 2/6/97, Resolution 1997-75)

(e) Election Staff may be required to work overtime as necessary.

(f) The Election Staff shall notify the Executive Director in the event the staff

member is closely related to, or is an immediate family member to a candidate.

The Executive Director shall replace the staff member.

(Approved 2/7/02, Resolution 2002-61)

8-3-32 District Election Board Member

(a) The District Election Board shall consist of a Chairperson, two judges,

Sergeant-at-arms and an alternate for each district. The Chairperson will be

appointed by secret ballot from the prospective District Election Board

members on orientation day before the primary and general election.

(Amended 2/20/97, Resolution 1997-92)

(Amended 2/7/02, Resolution 2002-62)

(b) The Chairperson is to arrive at the specified polling place on or before

7:30 a.m. on the day of election. The Chairperson shall be responsible for:

(1) Ensuring that each District Election Board member and alternate is at the specified polling place on or before 7:30 a.m.;

(2) Setting up the polling place and providing security of the ballot box, timesheets and ballots;

(3) After the count has been completed, he will escort the ballot box back to the main tribal building after the polls close; and

(4) Hand carrying one (1) copy of the unofficial certification of poll votes, signed by the District Election Board members, time sheets and the ballot box to the Election Staff in the main tribal building.

(Amended 2/20/97, Resolution 1997-93)

(Amended 2/7/02, Resolution 2002-63)

(c) The Sergeant-at-arms shall be responsible for:

(1) Maintaining order and calling upon the enforcement officers, when it is considered necessary, for assistance;

(2) Assisting with setting-up and clean-up of polling place; and

(3) Arriving at the specified polling place on or before 7:30 a.m. on the day of election.

(Amended 2/20/97, Resolution 1997-94)

(Amended 2/7/02, Resolution 2002-64)

(d) Judge number one is responsible for:

(1) Assisting the Chairperson with the distribution of ballots, identifying voters, verifying signatures of voters, voters' eligibility and checking contested ballots by:

(A) Checking the voters list to see if individuals received an absentee ballot;

(B) Checking to see if the voter is a new voter; or

(C) Checking to see if the voter is from that established district.

(2) Assisting with setting-up and clean-up of polling place; and

(3) Arriving at the specified polling place on or before 7:30 a.m. on the day of election.

(Amended 2/20/97, Resolution 1997-95)

(Amended 2/7/02, Resolution 2002-65)

(e) The number two Judge is responsible for:

(1) Securing the ballot box;

(2) Ensuring that each ballot is accounted for and that the voter has deposited his ballot into the ballot box;

(3) Assisting with setting-up and clean-up of polling place; and

(4) Arriving at the specified polling place on or before 7:30 a.m. on the day of election.

(5) Assisting the handicapped and disabled within the polling place site.

(Amended 2/20/97, Resolution 1997-96)

(Amended 2/7/02, Resolution 2002-66)

(f) The Alternate is responsible for:

(1) Showing up on orientation and election day, in case one of the selected District Election Board members is not available.

(A) If needed, moving into the unavailable District Election Board member's position and assuming those responsibilities; or

(B) If all District Election Board members are present, the alternate will receive four hours of show-up time.

(2) Arriving at the specified polling place on or before 7:30 a.m. on the day of election.

(Amended 2/20/97, Resolution 1997-97)

(Amended 2/7/02, Resolution 2002-67)

(g) The District Election Board members and alternates shall be appointed and

approved by the Election Committee and shall be qualified active voters from

that district.

(Amended 2/20/97, Resolution 1997-98)

(Amended 2/7/02, Resolution 2002-68)

(h) District Election Board members shall not be closely related to candidates

from their district.

(Amended 2/7/02, Resolution 2002-69)

(i) It is desired that at least one District Election Board member speak the native language.

(Amended 12/17/98, Resolution 1998-917)

(Certified 12/22/98)

(j) Preference in selection, shall be given to persons who have served as

District Election Board members in prior elections, and to those who can

visibly identify eligible voters from that district. Rotation of District Election

Board members will occur every year beginning in May. The previous years'

alternate will become a bona fide District Election Board member of his

respective voting district. District Election Board members rotate and

are replaced at the end of their third year.

(Amended 11/1/90, Resolution 1990-599)

(Corrected 7/30/01)

(Amended 2/7/02, Resolution 2002-70)

(k) There shall be a District Election Board for each district.

(l) Should any infraction be committed by any District Election Board members, it shall be grounds for immediate removal. Infractions include, but are not limited to:

(1) Tampering with tribal election ballots;

(2) Tampering in any way with the election process;

(3) Disclosing to voters confidential information regarding candidates;

(4) Late arrival to orientation and polling place;

(5) Attempting to influence voters;

(6) Being disrespectful to voters and/or fellow workers;

(7) Being under the influence of drugs or alcohol.

(Amended 2/20/97, Resolution 1997-99)

(Amended 2/7/02, Resolution 2002-72)

(Deleted original section 8-3-32(l) per resolution 2002-71)

8-3-33 Enforcement Officers

(a) An enforcement officer shall be assigned to the vicinity of each polling

place on election day.

(Amended 2/20/97, Resolution 1997-100)

(Amended 2/7/02, Resolution 2002-73)

(b) The assigned enforcement officer shall accompany the District

Election Board Chairperson back to the main tribal building with the locked

ballot box after the polls have been closed and the votes have been counted and

certified by the District Election Board members.

(Amended 2/20/97, Resolution 1997-100)

(Amended 2/7/02, Resolution 2002-74)

ELIGIBILITY

8-3-60 Candidates for Council Positions

(a) Any enrolled member of the Confederated Tribes of the Colville Reservation, qualified under the provisions of Article II, Section 6, of the Constitution may announce his candidacy for the Colville Business Council within the district of his residency by filing with the Election Staff a petition signed, by not less than ten (10) eligible voters of the district of his residency. The candidate may have more than one (1) copy of an official petition signed and circulated.

(Amended 2/20/97, Resolution 1997-101)

(Amended 2/7/02, Resolution 2002-75)

(b) A candidate must physically reside in the district in which he has filed for candidacy for not less than one (1) year prior to the date of the primary election. The candidate shall have the burden to establish that he meets the physical residency requirements. The Election Committee shall decide all issues related to candidate residency and such decision shall be final.

(Amended 2/20/97, Resolution 1997-102)

(Amended 2/7/02, Resolution 2002-76)

(c) Candidates who are temporarily away from their normal district residence, because of attendance in an institution of higher education or military services are exempt from physically residency requirements as stated in section 8-3-60(b), providing that the candidates intend to return to the district they were elected to.

(Amended 12/17/98, Resolution 1998-916)

(Amended 2/20/97, Resolution 1997-102)

(d) Candidates who are qualified under section 8-3-60(c), if elected, must return to physically reside in their district on the Colville Indian Reservation before assuming their office.

(Amended 12/17/98, Resolution 1998-915)

(Amended 2/20/97, Resolution 1997-102)

(e) A candidate who is qualified and elected under section 8-3-60(c) above,

must return to physically reside in his district on the Colville Reservation

before assuming office.

(Amended 2/7/02, Resolution 2002-79)

(f) Candidates cannot be a member of the tribal Election Staff.

(Amended 2/20/97, Resolution 1997-103)

(Amended 2/7/02, Resolution 2002-80)

8-3-61 Eligible Voters

(a) Enrolled members of the Colville Tribes who are eighteen (18) years of age

on the day of primary election and/or general election are eligible to vote.

(Amended 2/7/02, Resolution 2002-82)

(b) Eligible voters, voting for the first time may vote in the district of their

choosing. A first time voter's actual vote will establish voting district for future

elections.

(Amended 2/7/02, Resolution 2002-83)

(c) Eligible voters who have voted in prior elections must cast their ballot in the

district that they most recently voted in, except as provided for in section

8-3-62.

(Amended 2/7/02, Resolution 2002-84)

8-3-62 Change of Voting District

(a) Eligible voters who have moved and have physically resided in a different district for a period of one (1) year preceding the next general election may

request that their voting district be changed to the district in which they currently reside.

(Amended 2/20/97, Resolution 1997-104)

(Amended 2/7/02, Resolution 2002-81)

(b) Off-reservation voters who wish to change their established voting district must request in writing a change of voting district form. An off-reservation voter's request will require a one (1) year waiting period from the date upon which the request form was returned.

(Amended 2/20/97, Resolution 1997-104)

(Amended 2/7/02, Resolution 2002-85)

(c) The Election Committee will rule on all requests for change of voting districts and that decision shall be final and authoritative.

(Amended 2/20/97, Resolution 1997-104)

(Section 8-3-62(d) Amended 2/20/97, Resolution 1997-105)

(Section 8-3-62(d) Repealed 2/7/02, Resolution 2002-86)

ELECTION PROCEDURES

8-3-90 Petitions

(a) No person will be allowed to receive an official petition form before or

after the dates specified in the schedule of events.

(Amended 2/7/02, Resolution 2002-87)

(b) A prospective candidate must apply in person to receive an official petition

for candidacy, and sign for it.

(Amended 2/7/02, Resolution 2002-88)

(c) Petitions shall be numbered serially and only one official petition per

candidate shall be issued. Candidates may make copies of their petition.

(Amended 2/7/02, Resolution 2002-89)

(d) Election Staff shall verify the eligibility of those who signed the official

petition. Most current eligible voter list generated from AS400.

(Amended 2/7/02, Resolution 2002-90)

(e) In the event an issued official petition is lost or destroyed, that number will

be null and void and a new number shall be issued.

(Amended 2/7/02, Resolution 2002-91)

(f) A candidate is required to sign an affidavit that states he understands the

approved schedule of events prior to being issued an official petition.

(Amended 2/25/93, Resolution 1993-67)

(Amended 2/21/91, Resolution 1991-67)

(Amended 2/7/02, Resolution 2002-92)

(g) A candidate is required to deliver his own official petition into the hands of

the Election Staff according to the approved schedule of events. The Election

Staff will verify with the candidate the following:

(1) The position they are filing for;

(2) The spelling of the name; and

The candidate will acknowledge information to be true and correct on the

official petition. The Election Staff will date and time stamp the official

petition. Once the official petition has been processed it will not be returned to

the candidate for any reason. The Election Staff will bring the petition to the

Election Committee for certification.

(Amended 2/20/97, Resolution 1997-106)

(Amended 2/25/93, Resolution 1993-67)

(Amended 2/21/91, Resolution 1991-47)

(Amended 2/7/02, Resolution 2002-93)

(h) The election office clock is the official elections clock and will be used for

the approved schedule of events. Petitions will not be accepted after the date

and time stated on the approved schedule of events.

(Amended 2/20/97, Resolution 1997-107)

(Amended 2/25/93, Resolution 1993-67)

(Amended 2/7/02, Resolution 2002-94)

8-3-91 Schedule of Events

(a) The annual schedule of events must be approved by the Colville Business

Council by resolution. The approved schedule of events shall be published in

the February edition of the Tribal Tribune and posted in all tribal entities, BIA,

IHS and approved U.S. Post Offices. No Election Code amendments shall be

made following the approval of the schedule of events, or until completion of

the general election. The election process will begin upon approval of the

schedule of events.

(b) The approved schedule of events shall contain the following information:

(1) Opening date for filing an official petition;

(2) Closing date for filing an official petition;

(3) Deadline for withdrawing official petitions;

(4) Certification of candidates;

(5) District Election Board orientation;

(6) Date of primary election;

(7) Date of general election;

(8) Polling place:

(A) Inchelium Subagency,

(B) Keller Community Center,

(C) Nespelem Community Center,

(D) Omak Senior Meal site,

(9) Date of poll vote certification for primary election;

(10) Date of absentee ballot certification for primary election.;

(11) Date of poll vote certification for general election;

(12) Date of absentee ballot certification for general election;

(13) Date of oath of office.

(Section 8-3-91(c) Repealed, Resolution 2002-97)

8-3-92 Address Labels and Candidate Material

(a) The Election Staff shall prepare the following material for distribution to

candidates:

(1) Eligible eighteen (18) year old list;

(2) Voters-by district list;

(3) Never voted list; and

(4) A copy of this Chapter.

(b) The lists shall be prepared from the Tribal Election and/or Enrollment

records.

(c) One set of (computer) printed, gummed address labels, of eligible constituents, for their respective districts, shall be provided to each certified candidate at cost. The district labels and list may be sent by certified mail, return receipt requested or the candidate may pick up his individual district labels and list from the Elections Office on the Thursday, before 3:00 p.m., following the certification of candidates. If the candidate fails to contact the Election Office, before the above mentioned date and time, the labels and list will be sent by certified mail, return receipt requested.

(Amended 2/5/98, Resolution 1998-107)

(d) No lists other than specified in section 8-3-92(a) shall be issued to

candidates.

(Section 8-2-92 Amended 2/7/02, Resolution 2002-98)

8-3-93 Absentee Ballots

(a) Eligible voters shall be allowed to vote via absentee ballot.

(b) Certified candidates will be allowed to solicit absentee voting by mailing

out pre-printed materials.

(c) Eligible voters may utilize preprinted post cards to request an absentee

ballot or any other written and signed request (e.g.: letters, Tribal Tribune

notice).

(d) Special arrangements will be made at the Nespelem U.S. Post Office to

handle the election correspondence and only the Election Staff are authorized

to receive election materials from the Nespelem U.S. Post Office. Accordingly

all pre-printed absentee ballot request cards shall be addressed to the:

Colville Confederated Tribes

Election Coordinator

P.O. Box 150,

Nespelem, WA 99155

(Amended 2/20/97, Resolution 1997-108)

(e) All requests for absentee ballots will be accompanied by a written, signed

form and must be delivered in person by the individual requesting the absentee

ballot or by U.S. mail.

(Amended 11/1/90, Resolution 1990-597)

(Certified 12/7/90)

(f) The Election Staff will maintain a chronological listing of all absentee ballot

requests and balloting materials that have been sent or received.

(g) Persons voting for the first time may vote in any district of their choosing

Election Staff will honor and process only the first request, thereby insuring

that persons are allowed to vote only once and only in one district.

(h) All received absentee ballots and absentee ballot request will be stamped

with a date stamp and initialed by the Election Staff. Any returned absentee

ballot that does not bear a U.S. postmark, will be presented to the Election

Committee (noting the date it was received) for a decision to validate or to

invalidate it. For any returned absentee ballot that bears more than one valid

U.S. postmark, the earlier U.S. postmark will be counted.

(Amended 2/20/97, Resolution 1997-108)

(i) In the event an eligible voter indicates in writing that his absentee ballot was

lost or destroyed, a new one may be issued providing that the necessary

precautions are taken by the Election Staff to insure that only one ballot is

returned/counted.

(j) All returned absentee ballots must be postmarked no later than the date of

the election day, and must bear the written signature of the voter on the outside

envelope (see sections 8-3-93(h) and 8-3-93(p)).

(Amended 12/22/98, Resolution 1998-914)

(Amended 11/1/90, Resolution 1990-598)

(Certified 12/7/90)

(k) A returned absentee ballot that does not bear the signature of the voter on

the outer envelope will be invalid.

(Amended 2/20/97, Resolution 1997-120)

(l) Eligible voters select only one candidate for council position number one

and only one candidate for council position number two from the Inchelium,

Nespelem, and Omak Districts, and only one candidate from the Keller District.

(Amended 2/20/97, Resolution 1997-108)

(m) Writing or marks on ballots will be invalidated and will not count if

they contain the printed or signed name of the voter.

(Amended 2/7/91, Resolution 1991-24)

(Corrected 7/30/01)

(n) The Election Coordinator shall be responsible for the printing and

safeguarding of all ballots.

(o) Absentee ballots shall be identical to poll ballots.

(p) Walk-in absentee voting will not be allowed. All absentee ballots must be

returned via U.S. mail or at the polls.

(Section 8-3-93 Amended 2/7/02, Resolution 2002-99)

8-3-94 Ballots

(a) Only official ballots shall be used in voting.

(b) Absentee ballots shall be color-coded as in the past. Districts will be

identified as follows:

(1) Nespelem-green;

(2) Inchelium-Blue;

(3) Omak-Pink;

(4) Keller-Yellow; and

(5) Each ballot from each district shall have a tear-off serial number.

(c) The candidates' names shall appear on the ballots in alphabetical order,

except that the incumbents' names shall appear first.

(d) The names and spelling used shall be the same as printed on the candidates'

petition.

(e) The tear-off serial numbers are to be used in insuring proper accountability

only, and shall be removed prior to voting/mailing of absentee ballots to the

voter.

(f) Sample ballots shall be posted in the community centers, Tribal, BIA, IHS

buildings; Nespelem, Omak, Inchelium and Keller Post Offices.

(g) Sample ballots shall not be provided to the candidates by Election Staff.

 

(h) Write-in voting for candidates shall not be allowed and shall not be

counted.

(Section 8-3-94 Amended 2/7/02, Resolution 2002-100)

8-3-95 Campaigning

(a) Posting and distribution of campaign materials will not be allowed in any tribal entities, BIA or IHS buildings.

(b) Campaign materials are the responsibility of the candidate and do not

carry the express endorsement or rejection of the Colville Confederated Tribes,

the Colville Business Council, or employees of the Tribes.

(c) Candidates will bear the full financial responsibility for their own

campaigns.

(d) Candidates will be allowed to provide for private transportation of

voters to the polls.

(e) No campaigning will be allowed within 200 feet of the polling places

during elections.

(f) A candidate from the Nespelem, Omak or Inchelium Districts may

select a running-mate for his campaign, where one candidate runs for position

#1 and the other for position #2.

(g) Employees of the Colville Confederated Tribes, tribal entities, BIA or

IHS are prohibited from campaigning during assigned working hours.

(h) Expenditures by candidates for their campaigns from tribal entities, tribal

government, BIA or IHS funds will not be allowed.

(i) It shall be the responsibility of the candidate for the removal of all his

signs, posters, and all other campaign materials one (1) week after the

primary, general or a special election.

(Amended 2/20/97, Resolution 1997-109)

(j) If the Election Staff receives a written complaint alleging a certified

candidate violated any of the above campaign rules, the following process will

apply:

(1) The written complaint will be reviewed and investigated by the Election Staff;

(2) The candidate who is the subject of the complaint will be given notice of the complaint and an opportunity to respond to the allegation(s) in writing;

(3) The Election Staff shall submit a summary of findings to the Election Committee; and

(4) The Election Committee will determine whether a violation occurred and if so, the appropriate fine, penalty or sanction will be given.

Fine amounts will range from $100.00 up to $500.00 per violation. A finding

by the Election Committee of severe or repeated violations may result in the

candidate being disqualified from the elections. Failure to pay fine in full will

result in the candidates' ineligibility for future elections. The Elections

Committee decision is final.

(Amended 2/20/97, Resolution 1997-109)

(Section 8-3-95 Amended 2/7/02, Resolution 2002-101)

8-3-96 Ballot Boxes

(a) Ballot boxes shall be prepared in advance and shall contain the following

materials.

(1) Ballots;

(2) Flag;

(3) Pens (6);

(4) Tablets (4);

(5) Scotch tape (1);

(6) Stamp pad;

(7) This Chapter;

(8) Constitution and By-Laws;

(9) Voters list;

(10) Time sheets (4);

(11) Poll book and tally sheets;

(12) Certification of poll vote forms;

(13) Ballot envelopes;

(14) CCT tribal envelopes;

(15) Jar with key to box; and

(16) Badge, paper clips, rubber bands.

(b) Prepared ballot boxes shall be inventoried by the Election Staff and

District Election Board Chairperson the day before election day. Ballot boxes

shall then be issued to the Chairperson of the District Election Boards, along

with one set of keys which will be locked/sealed after the District Election

Board members' certification of the poll votes.

(Amended 12/17/98, Resolution 1998-913)

(Certified 12/22/98)

(Amended 2/20/97, Resolution 1997-110)

(c) Returned locked and sealed ballot boxes will remain in a locked space until

the Election Committee and the BIA Superintendent of the Colville Indian

agency request the re-count of poll votes and the official certification of poll

votes.

(Amended 12/17/98, Resolution 1998-912)

(Certified 12/22/98)

(Amended 2/20/97, Resolution 1997-110)

(Section 8-3-96 Amended 2/7/02, Resolution 2002-102)

8-3-97 Indoctrination of the District Election Board Members

(a) The District Election Board members will be indoctrinated by the Election

Staff and/or Election Committee, the morning, prior to election day.

(Amended 2/20/97, Resolution 1997-111)

(b) The indoctrination shall include the following:

(1) Inventory of ballot boxes;

(2) Instructions on processing of wages, mileage, meal stipend and timesheets;

(3) Review of this Chapter;

(4) Process for contested ballots;

(5) Name and phone number of assigned tribal police officer;

(6) Use of dividend roll book;

(7) Voters lists include:

(A) Eligible voters who have established a voting district;

(B) Eighteen (18) year olds;

(C) Eligible voters who have never voted; and

(D) Voters requesting absentee ballots.

(8) Procedures for certification of poll vote;

(9) "Interpreter" will not have access to pen, pencil or other marking device while assisting voter;

(10) Use of poll book and tally sheet;

(11) Display of U.S. and tribal flag;

(Amended 2/20/97, Resolution 1997-111)

(12) Instruction for alternates;

(13) Arrangement to set up/use polling places;

(14) Other pertinent information.

(Section 8-3-97 Amended 2/7/02, Resolution 2002-103)

8-3-98 Primary Election Preceding General Election

(a) A primary election shall be held at least four weeks before the general

election. A primary election will be held in the Nespelem, Inchelium and Omak

districts only if there are more than two certified candidates for each numbered

position (from those districts) and in the Keller district only if there are more

than two certified candidates from that district.

(Amended 1/17/91, Resolution 1991-16)

(Certified 10/21/91)

(Amended 1/23/84, Resolution 1984-38)

(b) In the primary election for each voting district, the two candidates

receiving the most votes in each numbered position in Nespelem, Inchelium

and Omak districts shall qualify as candidates for the general election, and the

two candidates receiving the most votes in the Keller district shall qualify as

candidates for the general election. In the event of a tie, between candidates, in

the primary election, for a vacant general election ballot position, those

candidates will advance to the general election, even if the number of

candidates for that general election, exceeds two for each position in the

Nespelem, Inchelium and Omak districts, or exceeds two for the Keller district.

(Amended 1/17/91, Resolution 1991-16)

(Certified 10/21/91)

(Amended 1/23/84, Resolution 1984-38)

(c) Only candidates qualifying for the general election via the primary election

shall appear on the final election ballot.

(d) The certification of the primary election shall be the same as the

certification of general election where such certification procedures are

applicable and relevant in section 8-3-104.

(Section 8-3-98 Amended 2/7/02, Resolution 2002-104)

8-3-99 Election Day Procedures

(a) Indoctrination by the District Election Board Chairpersons.

(Amended 2/20/97, Resolution 1997-112)

(b) Election Staff shall be in the Tribal Office no later than 7:30 a.m.

(Amended 2/21/85, Resolution 1985-73)

(Certified 3/26/85)

(c) The Election Coordinator shall notify the District Election Board

Chairpersons of any additional absentee ballot requests.

(d) The District Election Board members, including alternates shall arrive at

their designated polling place no later than 7:30 a.m.

(e) The District Election Board members shall prepare the polling place to

include display of U.S. flag, setting up tables, booths, ballot box, poll and tally

sheet.

(f) Polling places will opens at 8:00 a.m.

(g) Eligible voters must be visibly identified by a District Election Board

member or show valid identification and be listed as an eligible voter from that

district.

(h) The ballots of all persons who are voting for the first time shall be treated as

contested ballots to insure that first time voters vote only once and in one

district.

(i) Allow orderly, secret voting to proceed.

(j) Allow eligible voters to cast their vote and where there is doubt, allow the

voter to cast a contested vote (i.e. allow him to vote and seal his vote in an

envelope with the District Election Board writing the voter's name and the

reason for contesting the vote, on the outside envelope).

(k) Any voter who was sent an absentee ballot, and for whatever reason state

that they have not voted in this election, will be allowed to cast a contested

vote.

(l) Sergeant-at-arms will maintain order and call upon the enforcement officer

when it is considered necessary for assistance.

(m) District Election Board members may take coffee, smoke, and lunch breaks

providing that they remain in the polling place if "workload" permits.

(n) No activity other than elections will be allowed in the assigned polling

places.

(Amended 2/20/97, Resolution 1997-112)

(o) District Election Board members will not divulge any election information

except through official channels.

(p) Polls close at 8:00 p.m.

(q) Persons waiting in line to vote at 8:00 p.m. will be allowed to vote.

(r) Doors shall be locked and only District Election Board members and

enforcement officers shall be present while vote count is being certified, and no

interruptions shall be tolerated (i.e. phone calls, visitors).

(Amended 2/20/97, Resolution 1997-112)

(s) Certification sheets shall be accurately filled out and signed and shall

include the following:

(1) Total number of ballots cast;

(2) Number of invalid votes;

(3) Number of contested votes; and

(4) Number of valid votes each candidate received.

District Election Board members must sign the certification of poll vote results.

(t) The District Election Board Chairperson will verbally relay the certified

results to the Election Staff.

(Amended 2/21/85, Resolution 1985-73)

(Certified 3/26/85)

(u) The District Election Board Chairperson is responsible to secure the ballot

box with a copy of the poll vote results, ballots and their assigned keys locked

inside.

(v) The District Election Chairperson and the enforcement officer must escort

the secured locked ballot box and hand carry the original certification of poll

votes to the Election Staff located in the main tribal building.

(Amended 2/20/97, Resolution 1997-112)

(w) The Election Coordinator is responsible the following:

(1) Make periodic calls to each polling place throughout the day to check status;

(2) Preparing and distributing the certified results; and

(3) Locking and securing all ballot boxes.

(Amended 2/21/85, Resolution 1985-73)

(Certified 3/26/85)

(Section 8-3-99(x) Amended 2/21/85, Resolution 1985-73)

(Certified 3/26/85)

(Section 8-3-99 Amended 2/7/02, Resolution 2002-105)

 

8-3-100 Certification of Poll Votes

(a) The District Election Board members will verify and certify the results of

the poll votes for their district.

(b) The Election Coordinator will prepare the poll vote results for the Election

Committee and the BIA Superintendent to officially sign and approve the

written statement of the results.

(Amended 2/20/97, Resolution 1997-115)

(c) The certification of poll vote results will take place on the first working day

following the election.

(d) The certified poll votes will remain separate from the absentee ballots until

the certification of official returns is complete.

(Section 8-3-100 Amended 2/7/02, Resolution 2002-106)

8-3-101 Contested Ballots

(a) During the count, the following categories shall be deemed contested ballots:

(1) Eligible eighteen (18) year olds voting for the first time;

(2) Eligible voters who are voting at a polling place and who have already requested an absentee ballot;

(3) Eligible voters with a name change not listed on the poll book;

(4) All ballots containing markings that are not in accordance with voting instructions, (which shall be processed pursuant to section 8-3-104);

(5) All ballots where the eligibility of the voter could not previously be determined; and

(6) All other ballots determined by the Election Staff to be contested.

(b) The contested ballots will be placed in an envelope. The voter's name and the reason for contesting the ballot will be written on the outside sealed envelope.

(c) The Election Committee will determine which contested ballots are valid or invalid the first Thursday following the poll place votes as stated in section 8-3-104(b) and will be recorded accordingly.

(Amended 12/22/98, Resolution 1998-910)

(d) Contested ballots declared invalid will remain sealed.

(Section 8-3-101 Amended 2/7/02, Resolution 2002-107)

8-3-102 Grievance Procedures

(a) The Election Coordinator will receive and decide all minor (misspelling,

addresses and procedural) grievances within eight (8) working hour's of receipt.

Any grievant not satisfied with the decision of the Election Coordinator may

appeal to the Election Committee within eight (8) working hours of the

decision.

(Amended 2/21/85, Resolution 1985-73)

(Certified 3/26/85)

(b) The Election Committee will determine the disposition of all cases that are

not satisfactorily resolved by the Election Coordinator and all serious/major

challenges or protests involving alleged wrongs, misdeeds or injustices.

Specifically, the Election Committee may provide the final decision or refer the

matter to the full Business Council for decision or further disposition.

(Amended 2/20/97, Resolution 1997-114)

(Deleted 2/20/97, Resolution 1997-113)

(c) Only documented, written, signed statements will cause a grievance

procedure to be acted upon by the Election Committee.

(d) All written grievances which may affect the final vote count of the primary

or general elections that were not resolved prior to the commencement of the

certification process must be properly presented to the Election Staff, the

Election Committee and the BIA Superintendent prior to the official

certification of the results. Grievances affecting poll votes must be received

prior to official certification of poll votes and grievances affecting absentee

votes must be received prior to the Election Committee, and the BIA

Superintendent certification of absentee votes.

(Amended 2/20/97, Resolution 1997-114)

(Section 8-3-102 Amended 2/7/02, Resolution 2002-108)

8-3-103 Certification of Absentee Votes

The Election Staff, Election Committee, the BIA Superintendent and

designated staff shall count and certify the results of the absentee votes and

shall immediately provide the Election Staff with a signed written statement of

the results of the absentee and poll vote count.

(Amended 2/20/97, Resolution 1997-116)

(Section 8-3-103 Amended 2/7/02, Resolution 2002-109)

8-3-104 Certification Procedures

(a) The Election Committee and the BIA Superintendent shall insure that

proper procedure is followed including the following:

(Amended 12/22/98, Resolution 1998-909)

(1) Determine first if any grievances have been filed prior to the commencement of the certification process. If so, the grievance will be resolved before proceeding;

(2) Insure that candidates are allowed to observe the certification proceedings (vote count);

(3) Any district may be chosen by the Election Committee to be counted first or second or third or last;

(Amended 12/22/98, Resolution 1998-908)

(Deleted 2/20/97, Resolution 1997-117)

(4) Contested votes will be ruled upon first, and only the approved ballots (yet unopened) will be placed with the unopened absentee ballots;

(5) Those ballots that are declared invalid by the Election Committee will be returned to the Election Coordinator (immediately) for disposition and will remain unopened;

(Amended 12/22/98, Resolution 1998-907)

(Amended 2/21/85, Resolution 1985-73)

(Certified 3/26/85)

(6) The returned absentee ballot envelopes and the contested ballot

envelopes will be counted to ensure the total number of envelopes match the number indicated by election records;

(7) After counting the envelopes the Election Staff will open the outer envelopes and remove and shuffle the inner envelopes.

(8) Insure that each envelope contains only one ballot. Where envelopes contain more than one ballot, those ballots will be invalidated. (Note: By this time inner envelopes and ballots have already lost their identity.);

(Amended 1/23/84, Resolution 1984-38)

(9) Outer envelopes that do not contain the inner (ballot) envelope will be set aside until instruction is received from the Election Committee. The inner (ballot) envelopes will be counted and shuffled to lose identity.

(10) Inner (ballot) envelopes are opened and ballots are removed.

(11) Ballots are unfolded (face down) and counted.

(Amended 2/20/97, Resolution 1997-118)

(12) All ballots are given to an Election Staff member who will assist with reading names of the candidate who received the votes.

(Amended 2/20/97, Resolution 1997-118)

(13) A person designated by the Election Committee will sit adjacent to the Election Staff member to verify the correct names are called.

(14) Each candidates' first, last, middle or nick-name will be read clearly to avoid confusion of names that may sound the same.

(Amended 12/22/98, Resolution 1998-906)

(15) The Election Committee will designate a tally person to visibly keep "tally" on the chalkboard placing a "tick mark" each time the candidate's name has been called.

(Amended 12/22/98, Resolution 1998-905)

(Amended 2/20/97, Resolution 1997-118)

(16) The tally person will call out "tally" each time a candidate receives a fifth mark or multiple thereof. Tally will also be kept by the Election Committee and the BIA Superintendent.

(Amended 12/22/98, Resolution 1998-904)

(17) The election Committee member or the BIA Superintendent may request a tally check, that the count be slower or a recount of the total tally.

(18) Periodic pauses will be taken in the count to allow persons involved to remain alert and ready, and to insure that all persons agree to the chalkboard count.

(Amended 12/22/98, Resolution 1998-903)

(19) A different vote count by any of the Election Committee members or the BIA Superintendent will cause the ballots to be recounted.

(Amended 12/22/98, Resolution 1998-902)

(20) Ballots that contains markings other than or in addition to those authorized by the voting instructions shall be reviewed by the Election Committee for validation or invalidation. Each Election Committee member shall audibly vote on each ballot in question.

(Amended 12/22/98, Resolution 1998-901)

(21) After the last ballot has been counted, the tally will be checked and only if each Election Committee member and the BIA Superintendent agree on the tally will those results be certified.

(22) The same procedure shall be observed by the Election Committee for all districts.

(Amended 2/21/85, Resolution 1985-73)

(Certified 3/26/85)

(23) If a vote count difference of three (3) votes or less occurs between a candidate receiving the most votes and any other candidate, an immediate recount of both valid poll and valid absentee ballots is mandatory.

(24) The candidate receiving the most votes for position number one or for position number two in the Nespelem, Inchelium and Omak Districts will be elected. The candidate receiving the most votes in Keller will be elected;

(Amended 1/17/91, Resolution 1991-16)

(Certified 10/21/91)

(25) In the event a tie between candidates for a vacant position occurs, a run-off election for the remaining vacant position, between only those persons receiving a tie vote, will be held within thirty (30) days.

(26) The certification forms shall immediately be filled out and signed by a quorum of the Election Committee members and the BIA Superintendent;

(Amended 12/22/98, Resolution 1998-900)

(27) Copies of the certified results will be made for distribution and posting and one copy will be provided to the Tribal Tribune to be placed on page one of the next edition.

(28) The Election Committee Chairperson will notify the news media of certified results.

(Amended 2/20/97, Resolution 1997-118)

(b) All contested ballots shall be presented to the Election Committee in accordance with

the certification procedure, as follow:

(1) The Election Committee shall determine by audible vote, the validity of each contested ballot. In order for a contested ballot to be deemed valid, a majority of the committee members present must vote in favor of validation.

(2) In determining whether to validate ballots containing marks that are not in conformity with the written voting instructions the committee members shall vote to validate such ballots only when they find that the voter's marking of the ballot clearly and unambiguously indicates the intent of the voter.

(3) All ballots containing markings indicating a vote for more than one candidate in a single position shall be invalidated.

(4) All ballots containing the signature or printed name of the voter shall be invalidated.

(5) The Election Committee shall rule on all contested ballots prior to final certification of the election.

(Section 8-3-104 Amended 2/7/02, Resolution 2002-110)

8-3-105 Oath of Office

(a) The council-elect shall be officially sworn in and seated in the Colville

Business Council on the second Thursday in July.

(b) The following Oath of Office shall be administered by the BIA Superintendent of the Colville Indian Agency:

I ____, do solemnly swear and affirm that as an elected representative of the Confederated Tribes of the Colville Reservation and in performing the duties I am about to assume as a member of the Colville Business Council, I recognize and respect and will uphold and defend the Constitution of the Confederated Tribes of the Colville Reservation and to the extent applicable the United States

Constitution; that I will work for the best interests of the Confederated Tribes and its members in all matters at all times without prejudice and partiality; that I am bound by and will follow the Council Code of Professional Responsibility and that at all times my conduct will comport with the standards of conduct and behavior befitting a tribal leader as set forth in the Council Code.

(Amended 3/7/96, Resolution 1996-104)

(Certified 11/20/00)

8-3-106 Forms Used in Tribal Election

(a) Schedule of events;

(b) Petition sign-out sheet;

(c) Petition;

(d) Certification of candidates;

(e) Absentee ballot request;

(f) Candidates' furnished postcard;

(g) Tribal Tribune absentee request;

(h) Individual letters;

(i) Official ballot;

(j) Sample ballot;

(k) Change of district request;

(l) Instruction to voters;

(m) Inner-brown (ballot) envelope;

(n) Outer-white (ballot) envelope;

(o) Mailing envelope;

(p) 3x5 card for alphabetical listing of absentee voters;

(q) Inventory of ballot boxes;

(r) Time/mileage sheets for District Election Board;

(s) District Election Board certification of poll vote;

(t) Election Committee certification of poll vote;

(Amended 12/17/98, Resolution 1998-899)

(u) Election Committee/Superintendent certification of election;

(Amended 12/17/98, Resolution 1998-898)

(v) Listing voters by district and year.

(Chapter 8-3 Adopted 2/17/81, Resolution 1981-133)

(Revised 2/6/84)