Chapter 1.35
ELECTION ORDINANCE
Sections:
1.35.035 Nominations for Board candidacy – Petitions.
1.35.050 Certification of candidacy.
1.35.060 Public notification of qualified candidates.
1.35.070 Qualified candidates.
1.35.080 Unqualified candidates.
1.35.090 Withdrawal of candidacy.
1.35.120 Campaigning and electioneering.
1.35.010 Purpose.
The purpose of this chapter is to effectively regulate the conduct of Tulalip Tribal Board of Directors and Commission elections in accordance with the Tulalip Tribes Constitution and Bylaws and other applicable law. [Res. 2014-509].
1.35.020 Election staff.
(1) The Tulalip Tribes Board of Directors will appoint by resolution an election staff whose duties will include, but are not limited to:
(a) Administer and conduct elections within the Tulalip Tribes boundaries in a manner that will ensure fair and honest elections;
(b) Creating for distribution to the General Council the Notice of Election(s);
(c) Publicly posting and distributing the list of qualified candidates for upcoming elections;
(d) Recordation of petitioners, absentee ballots, election results, and related documents;
(e) Ensure that elections are conducted fairly and are within the requirements of the Constitution and Bylaws;
(f) Safekeeping of election documentation, materials and results;
(g) Working closely with various Tribal departments or entities;
(h) Being impartial and unbiased;
(i) Maintain confidentiality;
(j) Facilitate filing of vacant Commission positions in accordance with applicable law.
(2) The election staff shall consist of:
(a) Tulalip Tribal members appointed by the Board of Directors;
(b) The election staff shall be at a minimum eight adults who are 18 years of age or older;
(c) The Tulalip Tribes’ Chief Financial Officer of the Tribes, or their appointee, shall serve as an ex-officio member.
(3) Staff Meetings. The election staff will be responsible for the planning, preparation, implementation, and recordation of elections.
(a) Two meetings scheduled monthly.
(b) During the election process, weekly meetings, or as deemed necessary.
(4) Special General Council Meetings. Upon receipt of a Special General Council petition, the Board of Directors staff shall promptly notify the election staff who shall be responsible for overseeing voting at a Special General Council meeting.
(5) The Term of Duty. The length of term for any election staff member shall be until the election member retires or resigns from the election staff, becomes an election candidate or as determined by a Board of Directors resolution.
(6) If a member of the immediate family of the election staff accepts a nomination as a candidate, the election staff member will refrain from the issuing and handling of ballots.
(a) For purposes of this chapter, immediate family shall include an election member’s parent, spouse, child, sibling, stepparent and stepchild.
(7) Leave. The Tribal Government Employee Handbook governs the use of leave for any Tribal employee elected or appointed to any Tribal commission, committee, or board.
(8) Dismissal. Failure to perform the duties and requirements of the election staff as described in this chapter or engaging in conduct bringing the election staff into disrepute shall be grounds for dismissal from the election staff by the Board of Directors.
(a) Election members can request a hearing with the Board of Directors in the event they are dismissed for cause.
(b) The Board of Directors resolution or determination after hearing regarding the dismissal shall be final, and the dismissed election staff member shall not be eligible for reappointment to the election staff. [Res. 2014-509].
1.35.030 Time and place.
(1) The Tulalip Tribes Board of Directors shall designate the time and place of voting in accordance with the Tulalip Tribes Constitution and By-Laws.
(2) Once the polls are open, they shall remain open until closing, unless an unforeseen emergency arises that election staff determines and requires the polls to close. [Res. 2014-509].
1.35.035 Nominations for Board candidacy – Petitions.
A petition containing no less than 25 signatures of legal voters shall be required in order to be accepted for nomination as a candidate for the Board of Directors. [Res. 2017-256].
1.35.040 Residency.
(1) Affidavit of Residency. For Board candidates and other positions where residency is required, an affidavit of residency form shall be completed by the potential candidate; a member of the election staff will supply this form to the candidate. The candidate shall have the burden of proof in establishing residency. [Res. 2014-509].
1.35.050 Certification of candidacy.
The Legal Department shall conduct the criminal background check(s) on all candidates and shall forward the results to the election staff. After receiving the background check results, affidavit of residency and other information relevant to candidate eligibility, the election staff shall certify all candidates eligible for the election. [Res. 2014-509].
1.35.060 Public notification of qualified candidates.
(1) Election Notices. A notice containing the list of certified qualified candidates shall be posted at a minimum of two weeks prior to the election day, as stated in the Bylaws; with a notice mailed through Tribal mailing list. [Res. 2014-509].
1.35.070 Qualified candidates.
Candidates for the Board of Directors shall be required to meet qualifications set forth in the Tulalip Constitution and Bylaws, Article II.
Commission candidates shall be required to meet qualifications set forth in the laws governing the Commission. [Res. 2014-509].
1.35.080 Unqualified candidates.
(1) Background Check. If a potential candidate does not meet the criteria to be a candidate based on the results of a criminal background check, or they fail to meet other required criteria, the election staff will issue a written letter to the disqualified candidate by certified mail advising them that they have been denied certification as a candidate, the reasons therefor, and that their name will not appear on the ballot. The election staff will also attempt to contact the disqualified candidate by telephone to notify the candidate and inform them of the notice of candidate certification denial letter being mailed.
(a) Appeal of Certification. Any person(s) denied certification as a candidate by the election staff must be notified of certification denial as soon as possible and shall have five days from the date of such notice to appeal to the Board of Directors. Upon receipt of a timely appeal, the Board of Directors shall review the appealed denial of the disqualified candidate and make a final determination, which shall not be subject to further appeal. If the appeal relates to candidacy for the Board of Directors, only Board members who are not candidates in the election shall participate in the appeal. [Res. 2014-509].
1.35.090 Withdrawal of candidacy.
Qualified candidate(s) must file a written notice with the elections office if that candidate chooses to withdraw from the upcoming election. If such notice is filed prior to the submittal of the ballots for printing, the candidate(s) name will not be placed on the ballot. If the notice is filed after the ballot is printed, notice will be posted on the election date that the candidate has chosen to withdraw their name from the election. [Res. 2014-509].
1.35.100 Write-in candidates.
Write-in candidates shall not be accepted. [Res. 2014-509].
1.35.110 Deceased candidates.
If a deceased candidate wins election to a position for office on election day, the Board of Directors will be notified by an election staff member and the candidate receiving the next highest number of votes shall be declared as the winner. [Res. 2014-509].
1.35.120 Campaigning and electioneering.
(1) Campaigning will not be allowed at the polling place, or within a 300-foot radius of the entry to the polling place. No person(s) shall be permitted to loiter in polling area.
(2) Electioneering. No person(s) shall solicit, secure or influence voters by any means at the polling place, or surrounding grounds, during voting hours, or be allowed to assemble or solicit votes or support in the same building or grounds the election is being held. No person(s) shall have campaign signs posted within 300 feet of a polling location.
(3) Any person(s) observed or reported to be campaigning or electioneering may be asked to leave the polling area by a Tulalip Tribes Police Officer, or a member of the election staff. [Res. 2014-509].
1.35.130 Absentee ballots.
Voters shall be permitted to vote by absentee ballot in accordance with the absentee ballot procedures as stated in the Elections Standard Operating Procedures. Voters choosing to vote by absentee ballot must submit a written request to the election staff and instructions for the requirements of completing and submitting the absentee ballot will be provided to the voter. [Res. 2014-509].
1.35.140 Recording the vote.
Election staff shall manually reconcile the total number of voters as marked on the voter’s list, or entered onto the computer, with the total amount recorded by the ballot machine. These two totals must agree. If the totals do not agree, it is the duty of the election staff to recount the ballots, review for inconsistency, and verify the totals.
The election staff shall separately record the total number of:
(1) Absentee ballots;
(2) Regularly cast ballots;
(3) “Void” ballots.
When both totals are reconciled and agreed upon by the CFO and election staff, the results will be forwarded immediately to the Board of Directors who shall certify the election results.
The results will be posted at the Administration Building, and be forwarded to the See-Yaht-Sub for publication. [Res. 2014-509].
1.35.150 Ties.
In the event of a tie vote between two or more qualified candidates, and where such tie must be resolved to determine the winning candidate, the election staff shall notify the Board of Directors. The following procedure shall determine the winner:
(1) The tie shall be decided by a flip of a coin administered by the election staff.
(a) The Sergeant at Arms will flip the coin.
(b) The eldest of the candidates will call head or tails.
(c) Whomever wins the toss will be deemed the winner. [Res. 2014-509].
1.35.160 Recount.
An automatic machine recount will be immediately conducted whenever the difference between a winning and losing candidate is one vote or a tie.
(1) Board of Directors Election. The recount will occur prior to the commencement of the vote for officers of the Board of Directors.
(2) Commission Election. The recount will occur before the adjournment of the meeting.
In situations where a recount is mandated, the election staff shall recount the voted ballots immediately, by machine. If the recount vote tally is the same as original vote tally, the original election vote tally shall be final. If the recount results are different from the original vote tally and the difference affects the election outcome, an additional recount shall be conducted, by the machine and manually. The election staff shall then certify the election results when a final vote count can be verified by a recount showing the same results as a prior count. [Res. 2014-509].