Welcome to the National Tribal Justice Resource Center's Tribal Codes and Constitutions
Return to the Main Tribal Codes and Constitutions Page

CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

TITLE 7 – ENROLLMENT, COMMITTEES, ELECTIONS AND REFERENDUMS

CHAPTER 7-3 ELECTIONS

7-3-0 GENERAL PROVISIONS

7-3-1 Purpose and Authority

The purpose of this Code is to set forth the regulations and procedures applicable to all tribal government elections, including provisions for the process of conducting elections as required by Article VIII - Sections 1 through 5 of the Tribal Constitution.

7-3-2 Election Board

The Election Board is the body responsible for the conduct of all elections defined by this Code. Duties and responsibilities of the Election Board are delineated in Ordinance No. 001, dated December 13, 1087.

7-3-3 Member’s Voting Rights

Article VIII - Section 1 of the Tribal Constitution states, "All duly enrolled members of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians who are eighteen (18) years or older on the date of an election shall have the right to vote in all tribal elections." "Duly enrolled member" shall mean that the voter's name shall appear on the official membership rolls, or has been certified as a member of Council resolution.

7-3-4 Voter List

No later than ninety (90) days prior to any election, the Administrator or the Enrollment Clerk shall furnish to the Election Board a list of eligible voters, including dates of birth. The Administrator or the Enrollment Clerk shall also notify the Election Board of any subsequent additions to the rolls of eligible voters, also deletions, i.e., deaths or removals, or errors in the previous list.

7-3-5 Appeals of Eligibility

Any person whose ballot is not counted or otherwise challenged because of exclusion from the eligible list may request in writing or in person to the Election Board, a review of the enrollment records to verify birth dates, enrollment numbers, etc. This verification need only be done sixty (60) days prior to certification of election results if the outcome of any candidate or issue being voted on could potentially be affected by that one vote.

7-3-6 Ballots

(a) The Constitution declares that all elections shall be by secret ballot (Article VIII - Section 2(a)).

(b) The Constitution also provides that members shall have the right to vote by absentee ballot.

7-3-7 Signature Cards

(a) Registration is required. If eligible voters (tribal members who are eighteen (18) years of age or older) wish to vote, a signature card bearing two signatures (one printed and one written) of the voter must be on file with the Election Board before ballots are mailed out prior to an election, or before voting on Election Day at the Tribal Hall. The Election Board shall design the card and determine how the signatures shall be obtained. New signature cards should be signed every ten (10) years.

(b) All persons eighteen (18) years of age or older will be furnished a signature card which must be signed as is stated in 7-3-7(a), and returned to the Election Board.

7-3-8 Election Expenses

Each fiscal year, Council shall budget in the General Fund the amount of Five Hundred Dollars ($500.00) to pay the cost of tabulating votes, printing ballots, purchasing envelopes, postage and other expenses of conducting an election. Unused funds will be deposited into an election bank account and will be used only for future elections. Non-tribal members working on the election may have their expenses covered if approved by Council and not exceeding the budgeted amount.

7-3-20 TRIBAL COUNCIL ELECTIONS

7-3-21 Election of Tribal Council and Tribal Chief/Term of Office/Election Date

(a) Article VIII - Section 3 of the Tribal Constitution provides:

(1) Tribal Council positions shall be designated with the numbers one (1) through six (6). Each Council member shall be elected for a four- (4) year term at the appropriate General Council meeting in the year in which his or her term expires...a system of staggered terms shall be created. Tribal Council positions 1, 3, and 5 shall be elected in odd-numbered years. Tribal Council positions 2, 4, and 6 shall be elected in even-numbered years.

(2) The Tribal Chief shall be elected for a ten- (10) year term at the annual General Council meeting in April, beginning in 1990, and shall hold office until a successor is elected at the April General Council meeting in the year in which his term expires.

(b) Therefore, the Election Board must keep track each election year which positions are open for election and inform the tribal membership accordingly. The election date is the second Sunday in April of an election year.

7-3-22 Public Notices of Upcoming Elections

(a) The Election Board must publish in the Tribal Newsletter and post at the Tribal Hall, a notice of upcoming Council elections. This shall be done no later than one hundred twenty (120) days prior to the scheduled date of a regular Council election.

(b) This notice must list numbers of positions to be filled by the election and also the name of the incumbent in each position up for election. This shall be done regardless of incumbent's announced intention not to run for re-election/election.

7-3-23 Candidate Eligibility

According to the Tribal Constitution (Article VIll - Section 4(a)), in order to be eligible for election to a Tribal Council position, candidates shall meet the following qualifications:

(a) Be a duly enrolled member of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (Tribes).

(b) Be at least twenty-one years of age.

(c) Never have been previously removed from office for good cause after the date the Constitution was ratified (May 23, 1987).

7-3-23 Candidacy Procedures

(a) Statements of Candidacy

(1) Candidates shall file statements of candidacy no later than thirty (30) days before the scheduled date of the election. (Article VIII - Section 4(c) of the Constitution).

(2) Statements of candidacy must be filed with the Election Board either by mail, hand delivered to the Tribal Administrative offices, or delivered to the Election Board Chairman. In order to verify timeliness of filing, a candidate may request a statement of receipt of said statement of candidacy from whomever receives the statement. The statement shall state, at a minimum, the name of the person accepting the statement, name, roll number and signature of the person presenting the statement, and date and time of the transaction.

(3) Official U.S. Postal Service postmarks are acceptable as are any other means of delivery for deadline purposes. Any such mailed filings shall be recorded as received, up to 5:00 p.m. on the closing date.

(b) Public Notices and Position Statements

(1) Article VIII - Section 4(c) of the Constitution states, "A public list of candidates shall be published by the Election Board no later than twenty (20) days before the scheduled election date."

(2) The Election Board must publish in the January issue of the Tribal Newsletter, a notice of upcoming Council elections for that calendar year.

(3) Each candidate shall stipulate which position he is filing for. No shuffling of positions will be allowed. Each candidate will be given the opportunity to present a position statement for inclusion in the Tribal Newsletter if submitted by the Newsletter deadline. Position statement shall not be longer than three hundred (300) words in length. Position statement shall be published in the February, March or April issue, depending upon when candidate filed and the candidate's preference. It will be stated in the Tribal Newsletter that the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians shall not be responsible for the accuracy of the candidates' position statements. Further, if there exists a reasonable doubt as to the accuracy, candidates will be asked to furnish proof of their statement.

(4) To file for any position, other than the position of Chief, an already seated Council member must file for his/her position, or resign from Council and then file for any other position.

No write-in candidate will be allowed. Any ballot containing a write-in candidate will be disqualified.

7-3-25 Voting Procedures

(a) Ballots - Secret and Absentee

All Council elections shall be by secret ballot and members shall have the right to vote by absentee ballot (see 7-3-7).

(b) Ballot Description

(1) Candidates shall be listed on the ballot in a staggered fashion, e.g. #1 on one ballot and #2 on another, etc. Each ballot shall contain voting instructions on a separate sheet or on the reverse side of the ballot. The instructions shall state that each voter may vote for either one or no candidate for each vacancy, and that any ballots marked with more than one vote for any single position shall invalidate the whole ballot. The ballot shall also state that if the voting is done at the polling place rather than by absentee ballot, an Election Board member will be available to give assistance in answering voting procedure questions. The Election Board may have included on the ballot other instructions deemed necessary or desirable.

(2) The official ballots shall be printed on white paper with black ink. Sample ballots shall be printed or copied onto colored paper shall be clearly labeled "sample ballot" and shall not be counted if placed in the ballot box.

(1) All registered voters having signature cards on file shall be given an absentee ballot after the closing date for filing but no later than twenty-five (25) days prior to the scheduled election date. Absentee ballots received by the date the scheduled election is held shall be counted in the vote tabulation. The independent third party, as outlined in Section (e), will serve as the Election Board on election day.

(2) The absentee ballot shall be mailed out in an inner envelope along with an addressed return envelope. When voting by absentee ballot, the voter shall mark his or her ballot and place it in the inner envelope and seal it. The inner envelope shall then be placed in the outer return envelope provided, and sealed. The outer envelope shall be signed on the designated line by the voter. It shall then be returned to the designated collection point in the return envelope. Absentee ballots will not be opened until the day of the election. Outer envelope must be in tact.

(3) If any visible signs of tampering are noted, ballot will be rejected. Upon receiving the absentee ballot, Election Board shall deposit the entire packet in the locked ballot box. Poll book shall be marked to show this has been done. At 5:00 p.m. on the day of the election, Election Board will compare the signature on the outer envelope with the signature on file. If signatures match, the outer envelope shall be removed and kept. Inner envelope containing ballot will go on to be counted.

(4) In the event an eligible voter, voting in person, loses or accidentally destroys a ballot before it can be submitted, a duplicate ballot will be provided. In order to prevent double voting by one voter, a list of eligible voters shall be maintained in a poll book by the persons responsible for the tabulations, and as each ballot is submitted by mail by a voter, his/her name shall be so marked in the poll book as having voted. If the ballot is delivered by the voter to the polling place or completed at the polling place on election day, the voter shall sign his/her name in the poll book. In the event the person is unable to sign, an Election Board member, in the presence of at least one other Election Board member, shall so note "unable to sign" in the poll book.

(5) When voting at the polling place, the voter shall sign the poll book. One Election Board member shall supervise the procedure by the third (3rd) party.

(6) An absentee ballot may be delivered by any designated method acceptable to the voter by 5:00 p.m. on the day of the election.

(7) If the voter completes a ballot at the polls, the voter shall fold the ballot, and in the presence of an Election Board member, deposit the ballot in the ballot box. An Election Board member shall at that time mark in the poll book this has been done.

(8) If a voter, voting in person, defaces or destroys a ballot, a new ballot may be issued to the voter (write-ins will not receive this privilege), with the correction noted in the poll book. The spoiled ballot shall be marked and kept in a secured place until certified and will then be destroyed.

(d) Poll Hours

The election day voting hours shall be from 9:00 a.m. to 5:00 p.m. shall be held at the Tribal Hall.

(e) Vote Tabulation Responsibilities

(1) Independent third parties (3rd) are required to be used as official vote tabulators. Council should provide for this and other incidental election costs in the annual General Fund budget. Third (3^rd) parties acceptable for this process include the County Election Board, certified public accounting firms, other civic-minded organizations or people with no current contractual or lease agreements in force with the tribal government except the contract to count the votes.

(2) All ballots shall be deposited in the sealed ballot box after an Election Board member, in the presence of at least one (1) other Election Board member, marks the poll book accordingly. The ballot box shall be kept in a secure room not accessible to the tribal member public.

(f) Counting the Votes

(1) After all ballots, absentee and direct, have been placed in the ballot box and an Election Board member has declared the polls closed, the ballot box shall be removed to a separate area which is closed to the public.

(2) After an independent third (3^rd) party has been selected to tabulate the votes, the Election Board Chairman shall hand over to the person in charge of that group, the ballot box, key to the ballot box lock, poll book, and the signature card file. The Election Board Chairman shall also advise tabulators that he/she, and/or other Election Board members shall be available nearby, and for the tabulators not to discuss the election with any other parties hereafter.

(g) Write-in Votes

No write-in votes will be accepted. If the ballot shows a write-in vote, the entire ballot will be void.

(h) Rejected/invalid Ballots

Ballots shall be rejected or invalidated for: (i) unreadable due to spoilage, (ii) invalid signature in poll book or on ballot envelope, (iii) tampered outer envelope, or (iv) write-ins.

(i) Determination of Winners

In accordance with the Constitution, "Winners shall be chosen by a plurality of the votes cast for each position. Ties shall trigger a recount within ten (10) days and be decided by a coin flip conducted by the Tribal Chief". If the position of Tribal Chief is vacant, the coin flip will be conducted by the Tribal Council Chairman.

(j) Certification of the Vote

(1) After tabulation of the votes, an Election Board member or the Tribal Council Chairman shall announce the results and post same at the General Council meeting place. The notice shall be marked to state the vote is true and correct and signed by an Election Board member or designate, the Tribal Council Chairman or designate, and the head of the third party tabulator group.

(2) According to constitutional requirements, certification shall occur within twenty-four (24) hours from the time of the election (Article VIII – Section2(c)). The "time of the election" is hereby defined as the time the polls are officially closed.

(k) Election Challenges and Recounts

After the votes have been tabulated, any candidate who is not declared a winner may challenge the recount by contacting the Election Board Chairman within two (2) hours of announcement of the voting results and presenting his or her reasons why the vote is being challenged. The person challenging shall pay any expenses incurred regarding the challenge. The Election Board Chairman, after consultation with the majority of the Board members, shall then determine whether a recount is to be done. If the vote is within a margin of five (5) votes or less, the Election Board Chairman and the Tribal Council Chairman may recount for that position.

(l) Assumption of Office

New Tribal Council members shall assume office upon certification of the vote by the Election Board. Certification shall occur within twenty-four (24) hours from the time of the election.

(m) Oath of Office

At the next scheduled Tribal Council meeting following the election, the Election Board Chairman shall administer an Oath of Office to each new Tribal Council member. The Oath will simply say that he or she will to the best of his or her ability to work for the good of the Tribes.

7-3-40 OTHER ELECTIONS

7-3-41 Other Elections Defined

Other elections or measures requiring voting on recalls, special elections, initiatives, referendums and Constitutional amendments.

(a) Recalls

A recall involves removal of a Councilor(s) from office by a vote of the voting membership as provided for in Article X - Section 2 of the Constitution.

(b) Special Elections

Special elections include, but are not limited to, an election required to:

(1) Fill the position of Chief "in the event of the death of the Tribal Chief, or any other action resulting in the office of Tribal Chief becoming vacant..." (Article XI - Section 3).

(2) Fill all vacant Council positions "if the Tribal Chief is the sole remaining Council member”. (Article IX - Section 1(d) of the Constitution).

(3) Fill Council positions "If the entire Council shall become vacant through death, removal, recall, resignation or unable to function due to loss of quorum.." (Constitution Article IX - Section 1(c)).

(4) Tribal Council must obtain General Council approval before taking action on certain matters within the General Council authority. These matters are provided for in Article VI - Section 3(a) of the Constitution:

(A) The termination or diminishment of the Tribal reservation which is established pursuant to the Restoration Act, or the alienation of any trust land held on behalf of the Tribes;

(B) The diminishment, negotiation or settlement of any hunting, fishing or gathering rights possessed or claimed by the Tribes, including the settlement of any land claim involving the Tribes' aboriginal lands;

(C) The relinquishment of any tribal criminal or civil jurisdiction: provided, that cooperative law enforcement agreements shall not be considered relinquishment.

Authority - According to the Constitution (Article XII - Section 1), "The General Council shall exercise the power of initiative".

(d) Referendums

Authority - According to the Constitution (Article XII - Section 2), "The General Council shall exercise the power of referendum on those issues or questions that are within the authority of the General Council on those powers vested in the Tribal Council".

(e) Constitutional Amendments

Authority - The authority for amending the Constitution is provided for in Article XIII - Sections 1 and 2. The Secretary of the Interior shall call such elections.

7-3-42 Common Voting Procedures for Other Elections

(a) Ballots - Secret and Absentee

All other elections shall be by secret ballot (see 7-3-7). Further, all eligible members of the (General Council) may vote at such elections and absentee ballots shall be permitted.

(b) Ballot Description

(1) Ballots shall contain a statement of what the voter is deciding and shall be worded in such a manner that clearly allows for a choice of a "yes" or a "no" vote only. No misleading of statement whatsoever will be accepted.

(2) Each ballot shall contain voting instructions as necessary on a separate sheet or on the reverse side of the ballot.

The election day voting hours for all elections shall be from 9:00 a.m. to 5:00 p.m. The elections shall be held in the Tribal Hall.

7-3-42 Recalls Voting Procedures

(a) Procedure for Putting a Recall on a Ballot

Upon written petition of at least one-third (I/3) of the voting membership of the Tribes, presented to and verified by the Election Board, a special election shall be called to consider the recall of the Tribal Council member(s) named in the petition (Constitution, Article X - Section 2).

(b) Recall Election Dates

A recall election "shall be held within thirty (30) days from the date the petition is verified; provided, that any petition submitted within three (3) months of the next annual meeting of the General Council shall be placed on the agenda for that meeting" (Constitution, Article X - Section 2).

Election Board shall mail out absentee ballots at least twenty-five (25) days prior to the election date. All ballots shall be clearly marked to show both the name of the person(s) and corresponding Council positions that the recall vote concerns.

(d) Number of Votes Required to Validate a Recall

The Constitution, Article X - Section 2, states "At least twenty-five percent (25%) of the voting membership must vote at a recall election for a recall to occur".

(e) Determination of Results

If the twenty-five percent (25%) rule is met, "the positions shall be declared vacant, if at least two-thirds (2/3) of those members voting support the recall" (Constitution, Article X - Section 2). The voting must be done for each position; the voting result for each Council member being recalled stands alone.

7-3-43 Special Elections Voting Procedures

(a) Procedure for Putting a Special Election on a Ballot

See Constitution, Article XI, Section 3.

(b) Special Election Dates

See Constitution, Article IX – Section 1(d).

See Constitution, Article VIII – Section 2

(d) Number of Votes Required to Validate a Special Election

See Constitution, Article V – Section 2(b); Article VI – Section 3(a)

(e) Determination of Results

See Constitution, Article VI – Section 3(a)

7-3-45 Initiatives Voting Procedures

See Constitution.

7-3-46 Referendums Voting Procedures

See Constitution

7-4-47 Constitutional Amendments Voting Procedures

See Constitution, Article XIII.

ELECTION

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

ELECTIONS

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The "Election" Code was codified for the Tribal Court in December 2001.

The Tribal Council enacted and revised "Election" Ordinance #014 to become #017 in Resolution #95-045 on August 28, 1995. Vote was 5 for 2 against.

The Tribal Council enacted and revised "Election" Ordinance #011 to become #014 in Resolution #95-014 on February 8, 1995. Vote was 7 for 0 against.

The Tribal Council enacted and revised "Election" Ordinance #008 to become Ordinance #011 in Resolution # 93-026 on July 26, 1993. Vote was 6 for 0 against. Provide clarity of policies and procedures in conducting fair and just elections.

The Tribal Council enacted and revised "Election" Ordinance #001 to become #008 in Resolution #89-078 on November 12, 1989. Vote was 6 for 0 against.

The Tribal Council enacted and adopted the "Election" Ordinance #001 in Resolution # ___ on December 13, 1987.

Back to Table of Contents