ESTABLISHING ELECTION RULES AND REGULATIONS
BE IT ENACTED by the Swinomish Indian Senate as follows:

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rules and regulations replace and supersede the rules and regulations contained in Ordinance No. 60 which is hereby repealed.

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 3f the Social Services building Swinomish Reservation. 

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. 

Nomination of candidates for the Senate shall be by petition signed by not less than five (5) legal voters. A voter may sign only one petition for each office to be filled. 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. The qualifications for eligibility of a candidate shall be as follows: (1) must not have been found guilty of any criminal charge involving dishonesty; and (2) must have a good working knowledge and 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.

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.

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. 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.

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. All 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 incumbents first: and others in order of filing.

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.

All voting for Tribal Senate positions shall be by Secret ballot. Each voter may vote only once for each 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 votes are cast than the number of vacant Senate positions; that ballot shall be nullified, but retained and separately accounted for by the Election Board.

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 the second Saturday of each February for the Tribal Council Election.

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 the number of vacant Senate 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.

Eligible voters desiring to vote absentee ballot must:

a. Written Request. Submit a written request for an official absentee ballot signed by the absentee voter to the Election Officer. Appropriate request forms shall be provided to the absentee voter upon request. The absentee voter shall deliver the written request to the Election Officer in person or by mail only. If the absentee voter request has not been completed correctly, the Election Officer may so notify the voter.

b. Ballot Delivery - Ballot Number Attached. The Election Officer shall deliver the absentee ballot with the identification number still attached.

c. Ballot Delivery - Specific Request. The absentee voter may request in writing to receive the absentee ballot in person, by mail or by delivery to a designated representative. If mail is requested, the mailing address of the absentee voter must be included in the written request. The Election Officer shall deliver the absentee ballot in the manner requested in writing by the absentee voter.

d. Ballot Delivery - No Specific Request. If the Election Officer has not received a written request indicating the method of delivery, the Election Officer shall mail the absentee ballot to the absentee voter by first class mail if a return mailing address was included on the written request, or if no mailing address was provided, the ballot shall be retained for in person pickup; Provided that no absentee ballot shall be sent by mail during the last five days before the deadline for submitting absentee ballots to the Election Officer unless otherwise directed by the absentee voter in writing.

e. Recording Delivery. When an absentee ballot has been delivered in person, by mail or to a designated representative, the Election Officer shall make a notation on the voter’s list that an absentee ballot has been delivered to that voter.

f. Vote. Vote for no more than the number of vacant Senate positions.

g. Return Ballot - Security Envelope. Fold the ballot with the number still attached and place it in an unmarked sealed envelope to conceal its contents. Return the security envelope containing the absentee ballot in person, by mail or by a designated representative to the Election Officer. Ballots may not be delivered (transmitted) by facsimile (FAX) or any other telephonic or telegraphic means.

h. Return Ballot - In Person. If delivery is made by the absentee voter in person, the absentee voter shall sign the voter's list in the presence of the Election Officer or his/her designee and deposit the Security Envelope directly into the ballot box.

i. Return Ballot - Mailing Envelope. If delivery is by mail or by designated representative, the absentee voter shall place the Security Envelope required by section 10.g. above, in a second sealed Mailing Envelope provided by the Election Officer. The Mailing Envelope shall have the mailing address of the Election Officer on the front and on the back shall have the following Affidavit Of Mail-In Voter" and a space for the voter to sign the affidavit and indicate the date on which the affidavit was signed:

Upon receipt of the Mailing Envelope containing an absentee ballot, the Election Officer shall note the name of the absentee voter and make a notation on the voter's list that an absentee ballot has been received from that voter. After entering the name of the voter on the voter's list, the Election Officer shall immediately deposit the Mailing Envelope in the ballot box unopened.

j. Voting Deadline. Absentee ballots must be delivered to the Election Officer at the Tribal Administration Office by 4:30 p.m. on the last business day before the Election. A business day is Monday through Friday between the hours of 8:30 Lm. and 5:00 p.m., excluding holidays.

k Counting Absentee Ballots. Absentee ballots shall be counted by the Election Board at the same time all other ballots are counted after the polls are closed on election day, pursuant to the provisions of section 14 (Vote Counting) of this ordinance.

l. Alternative Delivery at Polling Place. Absentee ballots not delivered to the Election Officer by 4:30 p.m. on the day before the Election, may still be cast in person by the absentee voter at the polling place between the hours of 8:00 a.m. and 2:00 p.m. on the day of the Election. In that event, the absentee voter shall cast the absentee ballot in the same manner as other voters pursuant to section 9 (Voting Procedures) of this ordinance. The absentee voter shall sign the voter list, hand the folded absentee ballot to a member of the Election Board for removal of the ballot number, and then cast the folded ballot directly into the ballot box.

m. The Election Board and the Election Officer shall under no circumstances violate the confidentiality of the absentee ballots.

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.

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.

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 so 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.

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. The Election Board shall first remove all of the ballots from the ballot box including absentee ballots and then separate the Security Envelopes and Mailing Envelopes from the regular folded ballots. For Security Envelopes, one member of the Election Board shall open each Security Envelope and hand the folded ballot to a second Board member who shall then remove the ballot number and cast the folded ballot into the ballot box in a manner that does not permit the Board member to ascertain who the voter has voted for. For Mailing Envelopes, one member of the Election Board shall make a notation on the voter's list that an absentee ballot has been received by the person who’s signature appears on the back of the envelope; then open each Mailing Enve1ope and hand the Security Envelope to a second Board Member who shall open the Security Envelope and hand the folded ballot to a third Board member who shall then remove the ballot number and cast the folded ballot into the ballot box in a manner that does not permit the Board member to ascertain who the voter has voted for. When all of the absentee votes have been so deposited, the Election Board shall then open the ballot box and record the absentee vote with the utmost care. The Election Board shall record the total number of absentee votes cast.

d. Counting Regular Ballots. After counting the absentee 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 ballots1 the total number of mutilated or mismarked ballots, the total number of replacement ballots handed out, the total number of absentee votes sent out, the total number of absentee votes cast, 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.

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

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.

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.

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 the entities or circumstances, shall not be affected. The Swinomish Tribal Senate reserves the right to amend these Rules and Regulations as needed.

As Secretary of the Swinomish Indian Senate, I hereby certify that the foregoing resolution was approved at a Regular Meeting of the Swinomish Indian Senate held January 10, 1989, at which time a quorum was present and the resolution was passed by a vote of

__5___ For, __0__  AGAINST, and __0___ ABSTENTIONS.