Chapter 2.10
ELECTIONS
Sections:
2.10.030 Tribal Business Committee – Election – Officers.
2.10.040 Tribal Business Committee – Election – Nomination.
2.10.070 Polling place – Hours.
2.10.090 Elections – Security.
2.10.100 Tie votes – Run-off election.
2.10.110 Election – Counting ballots – Certification.
2.10.120 Election – Challenge.
2.10.140 Tribal officers – Transition.
2.10.010 Election Committee.
The Election Committee shall consist of five Tribal members and one alternate. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.010.]
2.10.020 Eligible voters.
A. Each person 18 years of age or over, or whose name appears on the eligible voters list, is eligible to vote, but must first register in person at the election in order to receive a ballot to vote.
B. Anyone who registers to vote and is not personally known to the Election Committee must present proper identification to them before he or she shall be given a ballot and permitted to vote. [Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.020.]
2.10.030 Tribal Business Committee – Election – Officers.
Business Committee members shall be elected to office for a term of two years; consisting of a chairman, vice-chairman, secretary, treasurer and one Committee member. No more than one member of an immediate family (husband, wife, brother, sister, mother, father, daughter, son, half-brother, or half-sister) can hold office on said Business Committee at the same time, or for the same term. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.030.]
2.10.040 Tribal Business Committee – Election – Nomination.
A. Each person nominated must be certified as to eligibility and qualification by the Election Committee before his or her name can be placed on the ballot. The Election Committee must have sufficient time to deliberate as unbiased; thus, its action should only be regarded as fulfillment of duty. Each nominee must be eligible according to the Tribal Constitution. No member of the Election Committee can be certified as a nominee unless he or she resigns from said Committee.
B. Nominations must remain open until all who wish to nominate have had a chance to do so.
C. There shall be no limit to the number of persons nominated, but no less than two candidates must be nominated for each position. Any person may decline his or her nomination either at the time of his or her nomination or later by requesting the Election Committee to leave his or her name off the ballot before it is printed. If any nominee does not expressly decline, he or she immediately accepts; and his or her name is placed on the ballot.
D. Each person must be present at the time and place of nomination in order to be certified as a nominee. Any person can nominate him/her self and likewise vote for him/her self.
E. Nominations of candidates for the Business Committee shall be made either at a special meeting or at the regular monthly meeting of the General Council at least 30 days prior to the election. The Election Committee must mail all eligible voters a listing of the candidates and information as to the time, place and date of election and procedures regarding absentee voting. [Res. 2018-72; Res. 2016-17; Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.040.]
2.10.050 Absentee ballots.
Any person on the eligible voters list can request an absentee ballot if he or she is unable to vote in person for valid reasons (disability, illness or away from the area). To obtain an absentee ballot, a formal request signed by any eligible voter must be made to the Election Committee. The ballot must be received at the election post office box by noon the day of the election to be picked up by two members of the Election Committee and to be deposited unopened in the ballot box. The Election Committee will bear the entire right and responsibility to handle all absentee ballots. Requests for ballots may be faxed, but ballots must be mailed to be received in time. [Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.050.]
2.10.060 Voter registration.
A member of the Election Committee will be in charge of the registration and will prepare the register for election. [Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.060.]
2.10.070 Polling place – Hours.
The Chehalis Tribal Community Center or such other public location/building on the Reservation designated by the Business Committee as will accommodate the anticipated number of voters for the election will be the polling place for Tribal elections. The polls will be open as scheduled by the Elections Committee. [Res. 2018-72; Res. 2016-17; Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.070.]
2.10.080 Voting.
A. Elections shall be by plurality vote and will be conducted by secret ballot.
B. The voter must mark his or her ballot in a secluded area with complete privacy and return their ballot folded to the Election Committee member in charge of ballots to be deposited in the ballot box.
C. A member of the Election Committee will be designated to keep a tally of the voter turnout, thus:
D. No less than two members of the Election Committee shall be at the polling place at all times. They shall likewise constitute a quorum of the Committee and shall have the authority to question and to investigate the eligibility of each individual to vote. In case of absence, the Committee may appoint an alternate or substitute member to replace a member who would not be able to stay for his or her designated period of duty.
E. If for reason of blindness, illiteracy or some other reason a voter needs someone to read or explain the ballot to him or her and assist him or her in marking the ballot, said assistance shall be rendered or witnessed by a member of the Election Committee.
F. The official ballot shall bear a designated space opposite each candidate’s name in which the voter shall indicate his or her choice by a mark. Candidates shall be listed on the ballot in alphabetical order.
G. A person who is a candidate for office cannot have association with or participation in any of the election duties whatsoever.
H. For each election cycle, either by majority vote of the Business Committee or by majority vote of the General Council at a special meeting called exclusively for the purpose of considering electronic voting, the balloting at the polling place on election day may be by electronic voting machine recording votes electronically instead of by paper ballots.
I. Notwithstanding the foregoing, absentee ballots issued and voted pursuant to CTC 2.10.050 shall remain paper ballots and shall be counted by hand as provided in the Election Code, Chapter 2.10 CTC.
J. Notwithstanding anything herein to the contrary, the Business Committee shall be entitled to place ballot measures on the ballot for any election upcoming, which measures shall be reviewed and voted upon by the General Council and if approved by a majority of the quorum at such General Council meeting shall become the law of the Chehalis Tribe. [Res. 2018-72; Res. 2016-17; Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.080.]
2.10.090 Elections – Security.
A. The Business Committee must provide a security guard to maintain orderliness and to assist the Election Committee in case of an emergency and/or conflict at the polls.
B. No authorized person who is not a member of the Election Committee shall participate or in any way mingle with or otherwise disturb the Election Committee when said Committee is in session and carrying out its official duties. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.090.]
2.10.100 Tie votes – Run-off election.
In case of a tie vote, a run-off election between those ties shall be held two weeks hence at the same polling place and within the same hours, unless otherwise directed by the Business Committee. In the event of a tie, the outgoing Business Committee shall appoint an interim officer to fill the position until the tie is broken. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.100.]
2.10.110 Election – Counting ballots – Certification.
Members of the Election Committee shall be the official election judges, and they shall count the ballots immediately following the close of the polls, and officially certify their findings. The Election Committee must establish a written procedure to count the votes prior to elections. A certificate containing the complete election results and bearing the signature of each member of the Election Committee must be submitted to the Business Committee for Tribal records. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.110.]
2.10.120 Election – Challenge.
Any voter can challenge an election after the election results are reported at the annual meeting before installation of the new Tribal officers. No claim or challenge is in order unless (A) it is specific and (B) it is in writing and submitted in time for review and action before adjournment. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.120.]
2.10.130 Election – Disputes.
The General Council shall have the power and responsibility to settle any and all election disputes. Thus, the decision of the General Council will be final. [Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.130.]
2.10.140 Tribal officers – Transition.
The outgoing Tribal officers shall be compelled to surrender all Tribal documents and equipment in their possession to the succeeding Tribal officers within five days after the election. [Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.140.]
2.10.150 Voters list.
The Election Committee shall update the Chehalis eligible voters list periodically. [Res. 2011-020; Res. 2006-63; Ord. 1-94; Res. 1-86. Prior code § 1.2.1.150.]