WHEREAS, the Swinomish Indian Tribal Community is a federally recognized Indian
Tribe organized pursuant to Section 16 of the Indian Reorganization Act of 1934; and

               WHEREAS, the Swinomish Indian Senate is the governing body of the Swinomish Indian Reservation located near the Town of LaConner, Washington; and

               WHEREAS, Article IV, Section 5 of the Swinomish Constitution provides that all elections shall be held in accordance with the rules and regulations laid down by the Senate; and

               WHEREAS, the Senate has reviewed the provisions of Ordinance 125 and has determined to repeal and replace Ordinance 125 with this revised Election Ordinance; and

               WHEREAS, the Senate has reviewed the attached copies of the Swinomish Criminal Code and determined in this ordinance to make clear that these provisions, so long as they continue to be in full force and effect, apply to activities conducted in connection with tribal elections: NOW THEREFORE,
 

BE IT ENACTED by the Swinomish Indian Senate as follows:

Section 1.  Title and Purpose:

These rules and regulations shall be known as the Swinomish Election Rules and
Regulations. Their purpose is to regulate the conduct of the Annual Tribal Council
Elections, as authorized by Article IV Sec. 5 of the Swinomish Constitution. These rules
and regulations replace and supersede the rules and regulations contained in Ordinance No.
125 and any amendments thereto, which are hereby repealed.

Section 2.  Times and Place:

The Tribal Senate Election shall be held on the second Saturday of February each year between 8:00 a.m. and 2:00 p.m. or such other time that the Senate determines, in a designated room of the Social Services building, Swinomish Reservation.

Section 3.  Election Board and Duties:

The Tribal Senate shall appoint three persons twenty-one (21) years of age or older, to serve as the Election Board. The Election Board is hereby authorized to administer and conduct these Elections. The Election Board members shall be clearly identified at the Polling Place. Election Board members shall serve until reappointments are made by the Senate.

          The Election Board shall:

a.  Administer and conduct elections in a manner that will insure fair and honest elections.

b.  Prepare informative election material in a manner that informs without recommending.

c.  The Tribe's Election Officer may perform the duties of the Election Board, subject to Board supervision. Unless otherwise designated by the Senate, the Election Officer shall be the paralegal/legal secretary in the Tribe's legal department. For purposes of this ordinance, the duties of the Election Officer are separate and distinct from the duties and responsibilities of the "Tribal Secretary" or "Secretary" who is the duly elected officer of the Senate holding the position of Secretary.

The Election Board shall publish a Notice of Elections as soon as possible. Copies of these Rules and Regulations, an alphabetical list of eligible voters, and a Notice of Elections shall be posted in two or more places frequented by tribal members as selected by the Election Board.

Section 5.  Candidates:

        a. Petitions. Nomination of candidates for the Senate shall be by petition signed by not less than five (5) legal voters. Incumbent candidates must file a new Petition for Nomination. A voter may sign only one petition for each office to be filled. Candidates shall specify on their Petition For Nomination which Senate Seat Position they are running for and no Candidate may run for more than one Senate Seat Position in the same election.

       b. Closing Date. Petitions for nominations shall be filed with the Tribal Secretary on or before the "closing date" which shall be thirty (30) days prior to the election for which the candidate makes such petition.

       c. Candidates. The qualifications for eligibility of a candidate shall be as follows:
(1) must possess a high school diploma or GED, (2) must not have been found guilty of a felony or misdemeanor involving dishonesty in any Indian, State or Federal court, (3) must
submit a $200.00 candidate fee that would be non-refundable, (4) must be eligible to vote (5) must submit a resume with their petition which includes their education, work experience and a brief paragraph about why they are seeking a seat on the Swinomish Indian Senate, (6) submit a letter with their petition stating their goals and objectives if they should be elected to the Swinomish Indian Senate, and (7) must submit to and pass a drug test. Each candidate must be willing to support Tribal Government and its constitution and By-laws. The Tribal Secretary is hereby authorized to conduct criminal background checks of all candidates nominated for office.

       d. Certification. The Tribal Secretary shall determine the legality of the petitions and the eligibility of the candidates. Whenever the Tribal Secretary has a question regarding any aspect of this determination, the Tribal Secretary may defer that part of the determination to the Senate. The Tribal Secretary's decision may be appealed to the Senate, whose ruling shall be final.

       e. Appeal of Certification. Persons denied certification by the Tribal Secretary must be so notified of denial as soon as possible and shall have five (5) days from such notice to appeal to the Tribal Senate. The Senate shall grant a hearing and review all denials or certifications as soon as possible, affirm the Board's decision or certify the candidate, and notify the appellant of its decision no later than fifteen (15) days prior to the Election. Decisions of the Tribal Senate shall be final.

       f. Election Board. No member of the Election Board shall be certified as a candidate unless he or she resigns from the Board. After the closing date and at least fourteen (14) days prior to the Election, the Election Officer shall post a list of official candidates running for the Senate positions in two or more places frequented by Tribal members. Candidates shall be listed: with incumbents first, and others in the order of filing.

       g. Deceased Candidates. The names of candidates that have filed petitions certified by the Senate Secretary, but die before an election can be held, shall remain on the election ballot. If a deceased candidate shall win the election, the Senate shall appoint a replacement who is qualified to be a candidate for membership in the Senator to fill the unexpired term of that Senate Seat Position in the same manner as that provided in Article V, Section 1 of the Swinomish Constitution.

Section 6.  Ballot Preparation:

As soon as possible after the closing date which shall be 30 days prior to the election, the Election Board shall prepare an official ballot for printing or copying which clearly identifies all candidates certified by the Tribal Secretary. The same number of official ballots shall be prepared as the number of eligible voters contained on the most recent eligible voters' list, plus a reasonable surplus for use as samples or replacements. ballots shall be sequentially marked in blue ink with a number placed on the back of the ballot in such a way that it can be cut off along a marked line while still folded by a member of the Election Board when the vote is cast at the polls. All ballots shall be marked for folding to insure a secret ballot. Sample and replacement ballots shall be marked as such. No ballot shall be so marked, formed or cut as to allow identification of its user after submission for ballot counting. Candidates shall be listed with the name of incumbents first; and others in order of filing.

Section 7.  Voters:

All enrolled tribal members as defined in Articles II & IV of the Swinomish Tribal Community Constitution, at least twenty-one (21) years of age on election day shall be eligible to vote. The Election Board shall prepare an eligible voters' list containing all such persons and post it at the tribal Office and other appropriate locations by the closing date. Persons excluded from this list shall have five (5) days to appeal to the Tribal Senate. The Tribal Senate, after a hearing, shall affirm the Board's decision or order their inclusion as voters as soon as possible after the end of the five (5) day deadline. Any additions to the eligible voters’ list shall be posted as soon as possible prior to election. The decision of the Tribal Senate shall be final.

Section 8.  Voting: Separate Senate Positions:

Candidates for Tribal Senate shall run for separate Senate Seat Positions. There shall be an election for two Senate Seat Positions each year except that in Election year 2001 and every five years thereafter, there shall be an election for three Senate Seat Positions. Beginning with the election in the year 2000, an election shall be held for the following Senate Seats:

Election Year 2000: Senate Seat One and Senate Seat Two.
Election Year 2001: Senate Seat Three, and Senate Seat Four and Senate Seat Five.
Election Year 2002: Senate Seat Six and Senate Seat Seven.
Election Year 2003: Senate Seat Eight and Senate Seat Nine.
Election Year 2004: Senate Seat Ten and Senate Seat Eleven.
Election Year 2005: Senate Seat One and Senate Seat Two.
Etc.

Duly elected Senators shall serve terms of five (5) years, and in each election year following Election Year 2004, an election shall be held to fill the Senate Seat Positions of those Senate Seats whose terms expire during that year. For example, in Election year 2005, an election shall be held for Senate Seat Positions One and Two.

All voting for Tribal Senate Seat Positions shall be by secret ballot Each voter may vote only once for each Senate Seat Position in each election. Only official ballots properly marked shall be counted. If on any ballot, any names are written in, or tampered with or
more than one vote is cast for one Senate Seat Position, then the vote for that position shall be nullified, but the nullification of a vote for one Senate Seat Position shall not affect the vote by that voter for other Senate Seat Positions. Any ballots with a vote that has been nullified shall be separately retained and accounted for by the Election Board.

Section 9. Voting Procedures:

          Eligible voters desiring to vote in person must:

a.      Polls. Appear at the polling place in the Swinomish Community Center between 8:00 a.m. 2:00 p.m. on election day.

b.      Identification. Announce his or her name to a member of the Election Board and produce satisfactory identification if unknown to the Election Board.

c.      Voter's List. Sign or mark the voters’ list opposite his or her name and address and be marked thereon as voting, by ballot number.

d.      Ballot. Obtain a ballot from the Election Board and take the ballot into an enclosed and private area as provided by the Election Board.

e.       Vote. Vote for no more than one candidate for each vacant Senate Seat Positions.

f.        Fold Ballot. Fold the ballot to conceal its contents.

g.        Remove Number. Hand to member of Election Board for removal of number.

h.        Ballot Box. Upon return of the ballot to the voter, place the ballot in a sealed, secure ballot box.

Section 10.  Absentee Ballots:

There shall be no absentee voting.

Section 11.  Supervision of Election:

a. Election Board. No less than three (3) members of the Election Board shall be present at the voting place at all times. Three (3) members shall constitute a quorum for all action required. The Election Board may, if necessary, request the presence of tribal policemen to insure the orderly conduct of the election.

b. Poll Watchers. The Senate, the Election Board and each candidate who is
certified to run for a Senate Seat Position may select one person to act as a Poll Watcher. Poll Watchers shall be allowed to observe (watch) the Election Board as it counts the ballots on the day of the election. Poll Watchers shall not interfere with or hinder the election officials in any way. A Poll Watcher may advise the Board of possible irregularities in the vote counting, but if the Election Board Chairman determines that a Poll Watcher's conduct is interfering with the election officials, the Chairman may order the Poll Watcher to remain silent or to otherwise discontinue the interference. If the Poll Watcher does not comply with the Chairman's orders, the Chairman may order the Poll Watcher to leave the room and, with the assistance of the Tribal Police Officer, remove the Poll Watcher from the room if he or she refuses to leave. The Board may take corrective action or choose to ignore any advice provided by a Poll Watcher.

No person shall solicit, secure or influence voters by any means, at the polling place, or surrounding grounds, during voting hours, or be allowed to congregate or solicit in the same building the election is being held.

Section 13.  Assistance to Voters:

In cases where voters are unable to complete their ballots, the Election Board may grant such assistance or, in appropriate cases authorize other persons to do 59 after taking every precaution to assure that the voter exercises full freedom of choice. In all cases the secret ballot must be strictly observed and persons assisting must maintain complete confidentiality.

Section 14.  Vote Counting:
 

a. Unused Ballots. All unused official ballots shall be retained and separately accounted for by the Election Board.

b. Ballot Box. At the close of the polls on election day, the Election Board shall take the ballot box and sequester itself in a private area.

c. Counting Absentee Ballots. Reserved.

d. Counting Regular Ballots. The Election Board shall open all regular ballots, and record the vote with the utmost care. Every precaution shall be taken and every method used within reason which will insure an accurate count. The Board shall ascertain that all ballots have been received and certify the winners in writing to the Chairman.

e. Recording the Vote. The Election Board shall separately record the total number of unused ballots, the total number of mutilated or mismarked ballots, the total number of replacement ballots handed out, the total number of regular votes cast and the total number of all votes cast in the election.

The names of the winners and the number of votes received by each candidate shall be written down on an official certification form provided for that purpose. The certification form shall be signed by all of the members of the Election Board and submitted to the Tribal Senate for certification. The Tribal Senate shall certify the election results within thirty days of the election and the certificate shall be signed by the members of the Senate and filed with the Tribal Secretary.

Section 16.  Retention of Ballots:

As soon as possible after closing of the polls on Election Day, all ballots, including unused ballots, mutilated or mismarked ballots, and replacement ballots, shall be placed in a secure receptacle sealed and signed by the Election Board to prevent tampering. No ballots shall be destroyed at any time prior to the election or following the election until at least six (6) years after the date of the election. After the vote count has been recorded and the winners certified by the Election Board on the official certification form, the Tribal Police Department shall take possession of the ballots and retain them in a locked and secure location.

Section 17.  Recounts:

Any candidate may, by written request, obtain a recount when in the opinion of the Election Board or Senate, a vote is so close as to justify a recount or there is some evidence of irregularity sufficient to justify a recount.

Section 18.  Ties:

In the event of a tie, unless one candidate withdraws, an additional election will be scheduled within 30 days, between the candidates that tied.

Section 19.  Protests:
 

a.    Appeal To Election Board. Any person, within a period of five (5) days following Election Day, may protest the election, in writing, for any reason to the Election Board. The Election Board shall meet within five (5) days to consider such protests, grant the protesting party a hearing at that meeting, if requested, and decide by formal resolution whether a new election or other action is necessary. Errors of a purely technical nature, which in the opinion of the Election Board do not call the validity of the Election into question, may be waived by a majority vote of the Election Board.

b.    No Outside Board Communication. Once a written protest has been made, members of the Election Board shall not discuss the merits of the protest with anyone except at Election Board meetings called by the Chairperson of the Election Board for that purpose. The Board may request legal advice and assistance from the Tribal Attorney's Office, but may not retain separate legal counsel without the prior approval of the Tribal Senate.

c.    Appeal To Tribal Senate. The decision of the Election Board shall be final unless appealed to the Tribal Senate within thirty (30) days following the final decision of the Election Board.

d.    Appeal To Tribal Court. The decision of the Tribal Senate shall be final unless appealed to Tribal Court within thirty (30) days following the final decision of the Tribal Senate.

The outgoing Tribal Officers shall be responsible for delivering an accounting for all Tribal documents and equipment in their possession to the Tribal Chairperson within seven (7) days following the Election.

Section 21.  Selection of Officers:

The Tribal Senate shall, at the next regular meeting following the Election, elect a Chairman, Vice-Chairman, Secretary and Treasurer to perform duties set out in the By-laws and other Tribal documents. The selection of the Secretary and Treasurer shall be entirely within the discretion of the Tribal Senate.

Section 22.  Installation of Senate Members:

Newly-elected members who have been duly certified, shall be installed thereafter at the next regular meeting of the Tribal Senate. Each newly-elected member shall subscribe to the following oath:
 

I, ______________________ do hereby solemnly swear (or affirm), that I shall preserve, support, and protect the Constitution of the United States and the Constitution and By-laws of the Swinomish Indians to the best of my ability, so help me God.

These Rules and regulations are exempted from the rule of strict construction, and it shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.
If any provision of these Rules and Regulations or their application to any person or legal entity or circumstance, is held invalid, the remainder of these rules and regulations shall not be affected. The Swinomish Tribal Senate reserves the right to amend these Rules and Regulations as needed.
 

Section 24. Criminal Penalties:

Any person committing acts of forgery, extortion, bribery, false reports, perjury or obstruction of public officials, including Senators, election board members, the election officer, and law enforcement officers, in connection with a Tribal election, shall be prosecuted to the fullest extent of the law, including Swinomish Criminal Code sections 5-3.030 (Forgery), 5-3.040 (Extortion), 5-8.020 (Bribery), 5-8.050 (False Reports), 5-8.060 (Intimidation of Witnesses, jurors, Judges and Public Officials), 5-8.070 (Obstruction of Public Officials Including Enforcement Officers) and 5-8.080 (Perjury). Jail and/or fines may be imposed upon any person committing such crime in accordance with Tribal law.
 

As Secretary of the Swinomish Indian Senate, I hereby certify that the foregoing ordinance was approved in three separate motions at a Special Meeting of the Swinomish Indian Senate held February 22, 2000, at which time a quorum was present. The first motion to approve the ordinance was passed by a vote of  4  For,  3  AGAINST, and  0  ABSTENTIONS. A second motion was passed unanimously to revise the ordinance, as previously adopted, by amending section 16, which provides for the retention of ballots after the election. The second motion was passed by a vote of  7   For,  3  AGAINST, and  0    ABSTENTIONS. A third motion was passed unanimously to revise the ordinance, as previously adopted, by eliminating absentee voting from section 10 and from other provisions of the ordinance that made reference to absentee voting. The third motion was passed by a vote of   7  For,  0  AGAINST, and  0  ABSTENTIONS.
 

5-3.030 Forgery

Any person who, with intent to defraud, falsely signs, executes, completes, makes or alters any written instrument, or in any way represents as true a written instrument which he knows to be forged, commits the crime of forgery.  It is not necessary -that any thing of value be actually obtained.  Forgery is a Class B offense.

5-3.040 Extortion

Any person who willfully obtains or attempts to obtain monies, goods, property or any thing else of value, or services, or sexual favors by threat against another person, under circumstances not constituting the offense of robbery, commits the offense of extortion.  Threat includes the making of false charges against another person.  Extortion is a Class B offense.

5-8.020 Bribery

Any person who EITHER: with intent to secure a particular result in a particular matter involving the exercise of any public official's vote, opinion, judgment, exercise of discretion1 or other action in his official capacity, offers, confers, agrees to confer, or promises anything of value to such public official; OR being a public official, requests, accepts, or agrees to accept anything of value, pursuant to an agreement, promise or understanding that his vote, opinion, judgment, exercise of discretion, or other official action as a public official will be used to secure or attempt to secure a particular result in a particular matter, commits the Class B offense of bribery.

5-8.050 False Reports

Any person who intentionally submits a false report to any tribal or other governmental agency, including to a law enforcement agency, commits a Class C offense.

5-8.060 Intimidation of Witnesses, Jurors, Judges and Public Officials

Any person who by use of a threat, without lawful authority, intentionally attempts to influence the conduct of a witness, juror, judge or any public official, commits a Class B offense.

5-8.070 Obstruction of Public Officials Including Enforcement Officers

Any person who willfully hinders, delays, or obstructs any public official, including an enforcement officer, in the performance of his official duties or powers, or willfully fails to comply with or refuses to comply with the lawful order of a public official, including any enforcement officer, commits a class B offense.

5-8.080 Perjury

Any person who in any official tribal matter, including tribal court proceedings, after having sworn to tell the truth or otherwise being under oath, intentionally makes a materially false statement, orally or in writing, commits a Class B offense.