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

body established by the Constitution and By-Laws of the Confederated 1 Tribes of the

Colville Reservation.

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

related/immediate family, as listed:

(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.

(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 a quorum of the Colville

Business Council.

(e) "Election day" means the day of the holding of the primary election or the general

election.

(f) "Election staff" means the administrative director or his designee, election

coordinator and one election clerk.

(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.

(i) "Gender" while this Chapter refers to him/he, it is understood to include the

meaning of she/her.

(j) "Physically reside" residency for candidate for the Colville Business Council

shall be in accordance with Article II, Section 6, of the Constitution. Definition is

clearly evident that the candidate bodily resides in the district.

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

balloting takes place.

(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 of the Colville Indian Agency.

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

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

Keller, Nespelem and Omak communities. Not to be used for establishing residency.

(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, including the final interpretation thereof.

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

district.

(c) Election Committee members shall not be up for re-election during the calendar

year.

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

(d) In the event that a candidate is closely related to an Election Committee member,

the alternate Election Committee member for that district will be used.

(e) Three members shall constitute a quorum.

(f) The Colville Business Council officers will not be recognized as ex-officio

Election Committee members.

(a) The election staff shall consist of the administrative director or his designee,

election coordinator and one election clerk.

(b) The administrative 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.

(c) The election staff shall be allowed to handle/process election material as set forth

herein.

(d) The election coordinator shall be responsible for the proper administering of the

election and shall provide adequate security of the ballots.

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

(a) Shall consist of a chairperson, two judges and sergeant-at-arms (and an alternate

for each district, if necessary) and to include the responsibilities of the District Election

Board members. The chairperson will be appointed by secret ballot from the

prospective District Election Board members on orientation day before the

Primary/General Election.

(b) Chairperson is to arrive at the specified polling site on or before 7:30 a.m. on the

day of election, shall be responsible for ensuring that each District Election Board

member and alternate is at the specified polling site on or before 7:30 a.m. The

security of the ballot box, time sheets, the ballots and for setting-up the polling site.

Will escort the ballot box back the to the main tribal building after the polls close and

the count has been completed. Also, will hand carry one (1) copy of the Certification of

poll votes signed by the District Election Board members, timesheets and the ballot

box to the election staff in the main tribal building.

(g) District Election Board members shall be appointed by the Election Committee

and shall be qualified voters from that district.

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

that district.

(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 or her respective district. The District

Election Board member who has served the longest will be the first replaced.

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

(l) The Election Committee will approve District Election Board membership.

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

election day to assist if necessary.

(b) The assigned enforcement officer shall accompany the appointed 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.

(e) Candidates may not be a member of the tribal election staff.

(a) All enrolled members of the Colville Confederated Tribes who are or will be at

least 18 years of age on election day are eligible to vote.

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

choosing.

(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 herein

below.

(a) No person will be allowed to receive a petition form before or after the dates

specified in the schedule of events.

(b) Prospective candidates must apply in person to receive petitions for candidacy,

and sign for them.

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

issued. Candidates may make copies of their petitions.

(d) Election staff shall verify the eligibility of those who signed the petitions by

checking prior years' poll books.

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

will be null and void and a new number may be issued.

(f) Require that candidates are to deliver their petitions in person to the hands of the

election staff on the date stated on each year's schedule of events. The candidates

petition will be turned in "as is". When the candidates turn in their petition to the

election staff, the candidate will declare what council position that they are filing for.

Failure to state on the petition, the council position that they are running for will

invalidate the petition. Once the election staff receives and stamps the date on the

petition for a council position, the candidate cannot get that petition back and change

council positions. The election staff will check for ten (10) valid signatures before

bringing the petitions to the Election Committee for certification.

(g) Require the candidates to sign an affidavit stating that they understand that on the

date stated on each year's schedule of events, is the deadline for filing a petition for a

council position.

(h) Absolutely no petitions will be accepted after the date stated on each year's

schedule of events. The Colville tribal security officer will lock the main

entrance doors to the main tribal building, at the date stated on each year's

schedule of events, as provided in the Chapter. There is a designated official time

clock to be used for officially closing the election office.

(a) A schedule of events shall be prepared annually and shall appear in the February

edition of the Tribal Tribune and be posted in all community centers, tribal offices,

BIA, and IHS administrative buildings, and U.S. Post Offices.

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

(c) The schedule of events shall require approval by tribal resolution.

(a) The election staff shall prepare the following address label voters lists:

(b) The lists shall be prepared from the tribal election and/or enrollment records.

One set of (computer) printed, gummed address labels, of eligible constituents, for

(d) This Chapter shall also be issued to candidates.

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

candidates.

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

(b) 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

(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.

(f) The election staff will maintain a chronological listing of all absentee ballot

requests and balloting materials that have been sent and/or received.

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

election staff will honor/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. post mark, 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. post mark, the earlier U.S. post

mark will be counted.

(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 as the mail is received the following Thursday, and must bear

the written signature of the voter on the outside envelope (see sections 8-3-93(h) and

8-3-93(p).

(k) Any absentee ballots that are returned that do not bear the signature of the voter

on the outer envelop will not be re-sent to the voter.

(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, and only one candidate from the Keller District.

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

contain the printed or signed name of the voter.

(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.

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

(b) Absentee ballots shall be color-coded as in the past:

(1) Nespelem-green;

(2) Inchelium-Blue;

(3) Omak-Pink;

(4) Keller-Yellow; and

(5) shall have a tear-off serial number.

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

incumbents' names appearing 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.

(b) Distribution of campaign materials in tribal, BIA or IHS offices will not be

allowed.

(c) 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.

(d) Candidates will bear the full financial responsibility for their own campaigns.

(e) Candidates will be allowed to provide for private transportation of voters to the

polls.

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

elections.

(g) Candidates may select a running-mate for their campaign.

(h) Employees of the Colville Confederated Tribes, BIA or IHS are prohibited from

campaigning during assigned working hours.

(i) Expenditures by candidates for their campaigns from Tribal, BIA or IHS funds

will not be allowed.

(j) 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

Election.

(k) Violation of campaign rules, be violated by any candidate, the election

coordinator shall have the grounds to fine $100.00 per violation. And/or a finding by

the election coordinator that a candidate violated campaign rules, shall have the

grounds to fine $250.00 per violation and/or disqualify the candidate from the

election. This decision and shall be final and authoritative.

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

materials.

(b) The prepared ballot boxes shall be inventoried by the election staff and District

Election Board chairperson the day before election day. It 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.

(c) The returned locked/sealed ballot boxes will remain in a locked space until the

Election Committee and the superintendent of the Colville Indian agency request for

re-count of poll votes and the official certification of poll votes.

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

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

(b) The indoctrination shall include the following:

(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.

(b) To qualify as a candidate for the general election for Business Council, all

candidates from each voting district must enter the primary election held for each

voting district.

(c) 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, 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.

(d) Only candidates qualifying for the general election via the primary election shall

appear on the final election ballot.

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

general election where such certification procedures are applicable and relevant.

(a) Election staff shall be in the tribal office no later than 7:30 a.m.

(b) Election coordinator notify District Election Board members of any additional

absentee voters (since yesterday's list was handed out).

(c) District Election Board members, including alternates, appear at the designated

polling place.

(d) Indoctrination by chairperson of the District Election Boards.

(e) Prepare polling place to include display of U.S. flag, setting up tables, booths,

ballot box, poll and tally sheet.

(f) Poll opens at 8:00 a.m.

(g) Allow orderly secret balloting to proceed.

(h) Allow all eligible voters to cast their ballot, and in case 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).

(i) All persons must be visibly identified (known by District Election Board member)

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

(j) All persons who are voting for the first time will have their ballot contested, to

insure that they vote only once and in one district.

(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 tribal police if/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 voting place and that "workload" permits.

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

(o) District Election Board members will not be required to give out 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).

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

following:

(t) Verbally relay the certified figures to the election coordinator.

(u) Seal the ballot box, with keys, and ballots, and one copy of certification locked

inside.

(v) Escort, along with assigned enforcement officers, the sealed ballot box, and hand-

carried copy of certification of poll votes and time sheet information back to the main

tribal building and deliver to the election staff.

(w) Election coordinator to make periodic progress/status reports throughout the day

for all polling places.

(x) Election coordinator shall prepare a sheet listing the certified results for

information/distribution.

(y) Election coordinator shall lock up ballot boxes in secure space.

(a) To insure that only eligible voters vote and that they vote only once and only in

one district, the following voters' ballots shall be treated as contested ballots:

(b) All contested votes will be placed in an envelope and the voter's name and the

reason for contesting the vote shall be written on the outside of the envelope.

(c) The contested votes will be declared valid or invalid by the Election Committee on

the first Thursday after the election and then the envelope may be opened. The

appropriate votes shall be counted in the totals.

(d) Invalidated ballots will not be opened.

(a) The election coordinator will receive all minor (misspelling, addresses, procedural)

grievances.

(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,

protests, wrongs, misdeeds or injustices. Specifically the Election Committee may

provide the final decision or refer to the full Business Council for decision or further

disposition.

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

be acted upon by the Election Committee.

(d) Grievances, that may affect the final vote count must be properly presented to the

election staff/Election Committee/superintendent prior to Election

Committee/superintendent certification of these votes. Grievances affecting poll

votes must be received prior to certification of poll votes and grievances affecting

absentee votes must be received prior to Election Committee/superintendent

certification of absentee votes.

(a) Certification of poll votes.

(b) The District Election Board members shall certify the results of the poll votes for

their district.

(c) The election staff, Election Committee, superintendent and designated staff shall

re-count and officially certify the poll vote and shall immediately provide to the

election staff a signed written statement of the results.

(d) Certification of poll votes shall take place on the first working day following the

election.

The election staff, Election Committee, superintendent and designated staff shall

count and certify the results of the absentee votes and shall immediately provide the

election staff with signed written statement of the results of the absentee and poll

vote count.

The Election Committee/superintendent shall insure that proper procedure is

followed, and shall include the following:

If in the Nespelem, Inchelium or Omak district: candidate "X" receives more votes than

any of the other candidates, he will be considered elected, and if candidate "Y" and

candidate "Z" receive the next highest vote and they "tie", and the remaining candidates

(however many) receive less votes than candidates "Y" and "Z" then there shall be a

run-off election between candidates "Y" and "Z" (and no others), and it shall be

understood that candidate "X" has already been elected.

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

Council on the second Thursday in July.