GENERAL PROVISIONS

8-3-1 AUTHORITY

This Chapter is established by the Colville Business Council under authority contained in Article III, Section 2, of the Constitution and ByLaws of the Confederated Tribes of the Colville Tribe of the Colville Reservation, including the amendments thereto.

8-3-2 PURPOSE

Purpose and intent of this Chapter is to establish and define written procedures for the Administration of fair tribal elections.

8-3-3 DEFINITIONS

(a) Business Council - The Colville Business Council, a 14 member governing body established by the Constitution and ByLaws of the Colville Tribe of the Colville Reservation.

(b) Closely Related/Immediate Family: It shall be the interpretation of Closely Related/Immediate Family, as listed:

(c) Constitution:The Constitution and By-Laws having been proposed and duly ratified by the Indians of the Confederated Tribes of the Colville Reservation on February 26, 1938, including amendments.

(d) Election Committee: A Committee composed of one seated Council member from each district, provided that he is not up for re-election this calendar year, and providing that the Election Committee is approved by a quorum of the Colville Business Council.

(f) Election Day: The day of the holding of the Primary Election or the General Election.

(g) Election Staff : The Administrative Manager, Election Coordinator and one election clerk.

(h) Eligible Voter: Enrolled member of the Colville Confederated Tribes, who are at least 18 years of age as of election day.

(i) Enforcement Officers: Any Tribal Police Officer, Game Warden, and Park Rangers.

(j) Gender: While this Chapter refers to him/he, it is understood to include the meaning of she/her.

(k) Physically Reside: Residency for Candidate for the Colville Business Council shall be in accordance with Article II, Section 6, of the Constitution. Definition is clearly evident that the candidate bodily resides in district.

(l) Polling Place: Location designated by the Election Committee where balloting takes place.

(m) Registration: All enrolled Tribal members, 18 years of age and older are considered automatically registered for Tribal election purposes.

(n) Schedule of Events: Official Notice of election to include applicable times/dates of events.

(o) Signature: Includes, for those persons unable to write: a thumbprint and/or his "X" providing two witnesses affix their signature.

(p) Superintendent: The superintendent of the Colville Indian Agency.

(q) Tribe: The Confederated Tribes of the Colville Reservation.

(r) Voting District: The general geographic area surrounding the Inchelium, Keller, Nespelem and Omak communities. Not to be used for establishing residency.

*or within a 10 mile Radius of Reservation Boundaries

ELECTION OFFICIALS

8-3-30 ELECTION BOARD

(a) The Election Committee shall, pursuant to Article III, Section 2, of the Constitution and Bylaws, have overall responsibility to determine the rules and regulations governing all Tribal elections, including the final interpretation thereof.

(b) The Election Committee shall consist of one seated council member from each district.

(c) Election Committee members shall not be up for re-election during the calendar year.

(d) In the event that a Candidate is closely related to an Election Committee member, the alternate Election Committee member for that district will be used.

(e) Three members shall constitute a quorum.

(f) The Colville Business Council officers will not be recognized as ex-officio Election Committee members.

8-3-31 ELECTION STAFF

(a) The Election Staff shall consist of the Administrative Manager, Election Coordinator and one Election Clerk.

(b) The Administrative Manager, Election Coordinator and Election Clerk shall be the only persons authorized to receive, from the U.S. Post Office, election correspondence, and the Postmaster shall be so notified.

(c) The Election staff shall be allowed to handle/process election material as set fourth herein.

(d) The Election Coordinator shall be responsible for the proper administering of the election and shall provide adequate security of the ballots.

(e) Election staff may be required to work overtime as necessary.

8-3-32 DISTRICT ELECTION BOARD

(a) Shall consist of a Chairperson, two judges and Sergeant-at-arms (and an Alternate for each district, if necessary) and to include the responsibilities of the District Election Board Members. The Chairperson will be appointed by secret ballot from the prospective District Election Board Members on Orientation Day before the Primary/General Election.

(b) Chairperson is to arrive at the specified polling site on or before 7:30 a.m. on the day of Election, shall be responsible for ensuring that each District Election Board Member and Alternate is at the specified Polling site on or before 7:30 a.m. The Security of the ballot box, timesheets, the ballots and for setting-up the Polling site. Will escort the Ballot box back the to the main Tribal Building after the polls close and the count has been completed. Also, will hand carry one (1) copy of the Cerfication of Poll Votes signed by the District Election Board Members, timesheets and the Ballot box to the Election Staff in the Main Tribal Building.

(c) Sergeant-at-arms will maintain order and call upon the Enforcement Officers, if/when it is considered necessary for assistance. Will assist with setting-up and clean-up of Polling site. And is to arrive at the specified Polling site on or before 7:30 a.m. on the day of Election.

(d) Judge #1 will be assisting the Chairperson with the responsibility for the distribution of Ballots, identifying voters, verifying signatures of voters, voters eligibility and checking contested ballots ( by checking the voters list to see if they received an Absentee Ballots, new voter, or if they are from that established district, etc.). Will assist with setting-up and clean-up of Polling site. And is to arrive at the specified Polling site on or before 7:30 a.m. on the day of Election.

(e) Judge #2 will be responsible for the ballot box. To ensure that each ballot is accounted for and that the voter has deposited his ballot into the ballot box. Will assist with setting-up and clean-up of Polling site. And is to arrive at the specified Polling site on or before 7:30 a.m. on the day of Election.

(f) The Alternate is to show up on Orientation and Election day in case one of the selected District Election Board Members are unavailable. The alternate will move into that District Election Board Members position and have their responsibilities. If all District Election Board Members are present the Alternate will receive four (4) hours show-up time. And is to arrive at the specified Polling site on or before 7:30 a.m.

(g) District Election Board members shall be appointed by the Election Committee and shall be qualified voters from that district.

(h) District Election Board members shall not be closely related to Candidates from that district.

(i) It is desired that at least one District Election member speak the Native language.

(j) Preference, in selection, shall be given to persons who have served as District Election Board members in prior elections, and to those who can visibly identify eligible voters from that district. amended {11/01/90} Rotating Board Members, the one who has served the longest will be the first replaced.

(k) There shall be a District Election Board for each District.

(l) The Election Committee will approve District Election Board membership.

(m) Should infraction be committed by any District Election Board Members, it shall be grounds for immediately removal and refer the matter to Election Committee for a hearing. NOTE: Infractions include, but not limited to: tampering with Tribal Election Ballots, tampering in any way with the Election process, disclosing to voters confidential information regarding candidates, late, attempting to inflouence voters, disrespectful to voters and/or fellow workers, under the influence of drugs or alcohol.

Amended 2/20/97, Resolution 1997-99

8-3-33 ENFORCEMENT OFFICERS

(a) An Enforcement Officer shall be assigned to the vicinity of each polling place on Election Day to assist if necessary.

(b) The assigned Enforcement Officer shall accompany the appointed District Election Board Chairperson back to the main Tribal Building with the locked ballot box after the polls have been closed and the votes have been counted and certified by the District Election Board Members.

ELIGIBILITY

8-3-60 CANDIDATES FOR COUNCIL POSITIONS

(a) Any enrolled member of the Colville Confederated Tribes, qualified under the provisions of Article II, Section 6, of the Constitution may announce his Candidacy for the Colville Business Council within the district of his residency by filing with the Election Staff a petition signed, by not less than 10 qualified legal voters of the district of his residence. A Candidate may have more than one copy of a petition signed, if he so desires. Qualified voters may sign more that one petition for Candidate from their district.

(b) Residency requirements for Candidates must physically reside in the district for a period of one year. Candidate must have established that residence for one year prior to the Election and physically resided in that district. The Candidate shall have the burden of establishing, they meet the residency requirement (if necessary).

(c). Candidates, who are temporarily away from their normal district residence, because of attendance in an institution of higher education or military services are exempt from physically residency requirements as stated in 5.1.03, providing that the Candidate intends to return to the district they were elected to.

(d) Candidates who are qualified under 5.1.04 (above), if elected MUST return to physically reside in their district on the Colville Indian Reservation before assuming their office.

(e) Candidates may not be a member of the Tribal Election staff.

(f) Should any Candidate give misleading and/or false information, it shall invalidate their petition for Certification of Candidates for that Election year.

8-3-61 ELIGIBLE VOTERS

(a) All enrolled members of the Colville Confederated Tribes who are or will be at least 18 years of age on Election Day are eligible to vote.

(b) Eligible voters, voting for the first time may vote in the district of their choosing.

(c) Eligible voters who have voted in prior elections must cast their ballot in the district that they most recently voted in, except as provided for in 8-3-62 herein below.

8-3-62 CHANGE OF VOTING DISTRICT

(a) Eligible voters who have moved and physically resided in a different district for a period of one year next preceding the Election may request that their voting district be changed.

(b) The interpretation of the boundaries of the geographical area of the four districts have been defined in Section 3 under Voting District and will consider individual preference on a case by case basis.

(c) The Election Committee will rule on all requests for change of voting districts and that decision shall be final and authoritative.

(d) Eligible voters that live off-Reservation must request in writing a Change of Voting District. The requirement to request: shall include one (1) year waiting period from the date requested. That change can take place every 5 years.

ELECTION PROCEDURES

8-3-90 PETITIONS

(a) No person will be allowed to receive a petition form before or after the dates specified in the Schedule of Events.

(b) Prospective Candidates must apply in person to receive petitions for candidacy, and sign for them.

(c) Petitions shall be numbered serially and only one petition per candidate shall be issued. Candidates may make copies of their petitions.

(d) Election staff shall verify the eligibility of those who signed the petitions by checking prior years' poll books.

(e) In the event an issued (and unopened) petition is lost or destroyed, that number will be null and void and a new number may be issued.

(f) Require that Candidates are to deliver their petitions in person to the hands of the Election Staff on the date stated on each year's Schedule of Events. The Candidates petition will be turned in "as is". When the Candidates turn in their petition to the Election Staff, the Candidate will declare what Council position that they are filing for. Failure to state on the petition, the Council position that they are running for will invalidate the petition. Once the Election Staff receives and stamps the date on the petition for a Council position, the Candidate cannot get that petition back and change Council positions. The Election staff will check for ten [10] valid signatures before bringing the petitions to the Election Committee for Certification.

(g) Require the Candidates to sign an affidavit stating that they understand that on the date stated on each year's Schedule of Events, is the deadline for filing a petition for a council position.

(h) Absolutely no petitions will be accepted after the date stated on each year's Schedule of Events. The Colville Tribal Security Officer will lock the MAIN ENTRANCE DOORS to the Main Tribal Building, at the date stated on each year's Schedule of Events, as provided in the Ordinance. There is a designated Official time clock to be used for officially closing the Election Office.

8-3-91 SCHEDULE OF EVENTS

(a) A Schedule of Events shall be prepared annually and shall appear in the February edition of the Tribal Tribune and be posted in all community centers, Tribal Offices, BIA, and IHS Administrative buildings, and U.S. Post Offices.

(b) The Schedule of Events shall contain the following information:

1. Opening date for filing petitions

2. Closing date for filing petitions

3. Deadline for withdrawing petitions

4. Certification of candidates

5. District Election Board Orientation

6. Date of Primary Election

7. Date of General Election

8. Polling places

(a) Inchelium Subagency

(b) Keller Community Center

(c) Nespelem Community Center

(d) Omak Community Center

9. Date of poll vote certification for primary election

10. Date of absentee ballot certification for primary election.

11. Date of poll vote certification for general election

12. Date of absentee ballot certification for general election

13. Date of Oath of Office

(c) The Schedule of Events shall require approval by Tribal Resolution.

8-3-92 ADDRESS LABELS

(a) The Election staff shall prepare the following address label voters lists:

1. New 18 year olds

2. Voters - by District

3. Never voted

(b) The lists shall be prepared from Tribal the Election and/or Enrollment records.

(c) One set of (computer) printed, gummed address labels, of eligible constituents, for their respective districts, shall be provided to each certified candidate "at cost". The lists shall then be MAILED to each candidate, Certified Mail, Return Receipt requested.

(d) This Chapter shall also be issued to candidates.

(e) No lists other than specified in 8-3-92(a) hereinabove shall be issued to candidates.

8-3-93 ABSENTEE BALLOTS

(a) Eligible voters shall be allowed to vote via absentee ballot.

(b) Candidates will be allowed to solicit absentee voting by mailing out pre-printed materials.

(c) Eligible voters may utilize pre-printed post cards to request an absentee ballot or any other written and signed request (e.g.: letters, Tribal Tribune notice).

(d) Special arrangements will be made at the Nespelem U.S. Post Office to handle the Election correspondence and only the Election Staff are authorized to receive election materials from the Nespelem U.S. Post Office. Accordingly all pre-printed absentee ballot request cards shall be addressed to the Election Coordinator, Colville Confederated Tribes, P.O. Box 150, Nespelem, WA 99155.

(e) All requests for absentee ballots will be accompanied by a written, signed form and must be delivered in person by the individual requesting the absentee ballot or by U.S. mail.

(f) The Election staff will maintain a chronological listing of all absentee ballot requests and balloting materials that have been sent and/or received.

(g) Since persons voting for the first time may vote in any district of their choosing, Election staff will honor/process only the first request, thereby insuring that persons are allowed to vote only once and only in one district.

(h) All received absentee ballots and absentee ballot request will be stamped with a date stamp and initialed <by the Election staff>. Any returned absentee ballot that does not bear a U.S. Post Mark, will be presented to the Election Committee <noting the date it was received> for a decision to validate or to invalidate it. For any returned absentee ballot that bears more than one valid U.S. Post Mark, the earlier U.S. Post Mark will be counted.

(i) In the event an eligible voter indicates in writing that his absentee ballot was lost or destroyed, a new one may be issued providing that the necessary precautions are taken by the Election staff to insure that only one ballot is returned/counted.

(j) All returned absentee ballots must be postmarked no later than the date of the Election Day AND as the mail is received the following ThursdayAND, and must bear the written signature of the voter on the outside envelope (See 8-3-93(i) and 8-3-93(q)).

(k) Any absentee ballots that are returned that do not bear the signature of the voter on the outer envelop will NOT be re-sent to the voter.

Amended 2/20/97, Resolution 1997-120

(l) Eligible voters select only one Candidate for Council position number one and only one Candidate for Council position number two from the Inchelium, Nespelem, and Omak, and only one candidate from the Keller District.

(m) Ballots will be invalidated and will not count if they contain the printed or signed name of the voter.

(n) The Election Coordinator shall be responsible for the printing and safeguarding of all ballots.

(o) Absentee ballots shall be identical to poll ballots.

(p) WALK-IN ABSENTEE VOTING WILL NOT BE ALLOWED. ALL ABSENTEE BALLOTS MUST BE RETURNED VIA U.S. MAIL OR AT THE POLLS.

8-3-94 BALLOTS

(a) Only official ballots shall be used in voting.

(b) Absentee ballots shall be color-coded as in the past: Nespelem-green; Inchelium-Blue; Omak-Pink; Keller-Yellow; and shall have a "tear-off" serial number.

(c) The candidates' names shall appear on the ballots in alphabetical order, with the incumbents' names appearing first.

(d) The names and spelling used shall be the same as printed on the candidates' petition.

(e) The tear-off serial numbers are to be used in insuring proper accountability only, and shall be removed prior to voting/mailing of absentee ballots to the voter.

(f) Sample ballots shall be posted in the Community Centers, Tribal, BIA, IHS buildings; Nespelem, Omak, Inchelium and Keller Post Offices.

(g) Sample ballots shall NOT be provided to the candidates by Election staff.

(h) Write-in voting for candidates shall not be allowed and shall not be counted.

8-3-95 CAMPAIGNING

(a) Posting of campaign materials will not be allowed in Tribal, BIA or IHS spaces.

(b) Distribution of campaign materials in Tribal, BIA or IHS offices will not be allowed.

(c) Campaign materials are the responsibility of the candidate and do not carry the express endorsement or rejection of the Colville Confederated Tribes, the Colville Business Council, or employees of the Tribe.

(d) Candidates will bear the full financial responsibility for their own campaigns.

(e) Candidates will be allowed to provide for private transportation of voters to the polls.

(f) No campaigning will be allowed within 200 feet of the polling places during elections.

(g) Candidates may select a "running-mate" for their campaign.

(h) Employees of the Colville Confederated Tribes, BIA or IHS are prohibited from campaigning during assigned working hours.

(i) Expenditures by candidates for their campaigns, from Tribal, BIA or IHS funds will not be allowed.

(j) It shall be the responsibility of the Candidate for the removal of all his signs, posters, and all other campaign materials one week after the Primary/General Election.

(k) Violation of campaign rules, be violated by any Candidate, the Election Coordinator shall have the grounds to fine $100.00 per violation. And/or a finding by the Election Committee that a candidate violated campaign rules, shall have the grounds to fine $250.00 per violation and/or disqualify the Candidate from the Election. This decision and shall be final and authoritative.

8-3-96 BALLOT BOXES

(a) Ballot boxes shall be prepared in advance and shall contain the following materials.

1. Ballots

2. Flag

3. Pencils (6)

4. Tablets (4)

5. Scotch tape (1)

6. Stamp pad

7. This Chapter

8. Constitution and ByLaws

9. New Voters List

10. Absentee list (4)

11. Time Sheets (4)

12. Poll Book and Tally sheets

13. Certification of Poll Vote Forms

14. Ballot Envelopes

15. CC Tribal envelopes

16. Jar w/key to box
Also badge, paper clips, rubber bands

(b) The prepared ballot boxes shall be inventoried by the Election staff and District Election Boards the day before Election Day and shall then be issued to the Chairmen of the District Election Boards, along with one set of keys which will be locked inside and sealed after the District Election Boards have certified the poll vote.

(c) The returned locked/sealed ballot boxes will remain in a locked space until the Election Board calls for them to be opened for counting and certification by the Election Board and the Superintendent of the Colville Indian Agency. The ballot boxes can then be stored until the next election.

(d) The prepared ballot boxes shall be inventoried by the Election staff and District Election Board Chairperson the day before Election Day. It shall then be issued to the Chairperson of the District Election Board, along with one set of keys, which will be locked/sealed after the District Election Board Members Certification the Poll Votes.

(e) The returned locked/sealed ballot boxes will remain in a locked space until the Election Committee and the Superintendent of the Colville Indian Agency request for re-count of Poll Votes and the official Certification of Poll Votes.

8-3-97 INDOCTRINATION OF THE DISTRICT ELECTION BOARD MEMBERS

(a) The District Election Board Members will be indoctrinated by the Election staff and/or Election Committee, in the morning, the day prior to Election Day.

(b) The Indoctrination shall include the following:

1. Inventory of Ballot Boxes

2. Instructions on processing of wages, mileage, meal stipend and timesheets

3. Review of this Chapter

4. Process for contested ballots

5. Name and phone number of assigned tribal police officer

6. Use of dividend roll book

7. Use of alphabetical cards indicating which voters from their district who have already applied for an absentee ballot, and the typewritten list of voters who have applied for an absentee ballot from the other districts

8. Procedures for certification of poll vote

9. "Interpreter" will not have access to pen, pencil or other making device while assisting voter

10. Use of poll book and tally sheet

11. Display of U.S. and Tribal Flag

Amended 2/20/97, Resolution 1997-111

12. Instruction for alternates

13. Arrangement to set up/use polling places

14. 18-year-old list

15. Never voted list

16. Other pertinent information

8-3-98 PRIMARY ELECTION PRECEDING GENERAL ELECTION

(a) A primary election shall be held at least four weeks before the General Election. A Primary Election will be held in the Nespelem, Inchelium and Omak districts ONLY if there are more than two certified candidates for each numbered position (from those districts) and in the Keller district ONLY if there are more than two certified candidates from that district.

(b) To qualify as a candidate for the General Election for Business Council, all candidates from each voting district must enter the Primary Election held for each voting district.

(c) In the Primary Election for each voting district, the two candidates receiving the most votes in each numbered position in Nespelem, Inchelium and Omak districts shall qualify as candidates for the General Election, and the two candidates receiving the most votes in the Keller district shall qualify as candidates for the General Election. In the event of a tie, between candidates, the Primary Election, for a vacant General Election Ballot position, those candidates will advance to the General Election, even if the number of candidates for that General Election, exceeds two for each position in the Nespelem, Inchelium and Omak Districts, or exceeds two for the Keller District.

(d) Only candidates qualifying for the General Election via the Primary Election shall appear on the final election ballot.

(e) The Certification of the Primary Election shall be the same as the Certification of General Election where such certification procedures are applicable and relevant.

8-3-99 ELECTION DAY PROCEDURES

(a) Election staff shall be in the Tribal office no later than 07:30 a.m.

(b) Election Coordinator notify District Election Board members of any additional absentee voters (since yesterday's list was handed out).

(c) District Election Board members, including alternates, appear at the designated polling place.

(d) Indoctrination by Chairperson of the District Election Boards.

(e) Prepare polling place to include display of U.S. flag, setting up tables, booths, ballot box, poll and tally sheet.

(f) Poll opens at 8:00 a.m.

(g) Allow orderly secret balloting to proceed.

(h) Allow all eligible voters to cast their ballot, and in case where there is doubt, allow the voter to cast a contested vote (i.e. allow him to vote and seal his vote in an envelope with the District Election Board writing the voter's name and the reason for contesting the vote, on the outside envelope).

(i) All persons must be visibly identified (known by District Election Board member) or show valid ID and be listed as an eligible voter from that district.

(j) All persons who are voting for the first time will have their ballot contested, to insure that they vote only once and in one district.

(k) Any voter who was sent an absentee ballot, and for whatever reason state that they have not voted in this election, will be allowed to cast a contested vote.

(l) Sergeant-at-Arms will maintain order and call upon the Tribal police if/when it is considered necessary for assistance.

(m) District Election Board members may take coffee, smoke, and lunch breaks providing that they remain in the voting place and that "workload" permits.

(n) No activity other than elections will be allowed in the assigned polling places.

(o) District Election Board members will not be required to give out any election information except through official channels.

(p) Polls close at 8:00 p.m.

(q) Persons waiting in line to vote at 8:00 p.m. will be allowed to vote.

(r) Doors shall be locked and only District Election Board members and Enforcement officers shall be present while vote count is being certified, and no interruptions shall be tolerated (i.e. phone calls, visitors).

(s) Certification sheets shall be accurately filled out and signed and shall include the following:

1. Total number of ballots cast.

2. Number of invalid votes.

3. Number of contested votes.

4. Number of valid votes each candidate received.

(t) Verbally relay the certified figures to the Election Coordinator.

(u) Seal the ballot box, with keys, and ballots, and one copy of certification locked inside.

(v) Escort, along with assigned Enforcement Officers, the sealed ballot box, and hand-carried copy of Certification of Poll Votes and time sheets back to the Main Tribal Building and deliver to the Election Staff.

(w) Election Coordinator to make periodic progress/status reports throughout the day for all polling places.

(x) Election Coordinator shall prepare a sheet listing the certified results for information/distribution.

(y) Election Coordinator shall lock up ballot boxes in secure space.

8-3-100 CONTESTED BALLOT

(a) To insure that only eligible voters vote and that they vote only once and only in one district, the following voters' ballots shall be treated as contested ballots:

1. New 18-year-olds or other eligible Tribal member voting for the first time.

Amended 01/23/84, Resolution 1984-38

2. Persons who have already requested an absentee ballot.

3. Persons who are obviously under the influence of alcohol or drugs.

4. Persons who because of a name change are not listed as eligible voters.

(b) All contested votes will be placed in an envelope and the voter's name and the reason for contesting the vote shall be written on the outside of the envelope.

(c) The contested votes will be declared valid or invalid by the Election Board on the first Thursday after the Election and then the envelope may be opened. The appropriate votes shall be counted in the totals.

(d) Invalidated ballots will NOT be opened.

8-3-101GRIEVANCE PROCEDURES

(a) The Election Coordinator will receive all minor (misspelling, addresses, procedural) grievances.

(b) The Election Committee will determine the disposition of all cases that are not satisfactorily resolved by the Election Coordinator and all serious/major challenges, protests, wrongs, misdeeds or injustices. Specifically the Election Committee may provide the final decision or refer to the full Business Council for decision or further disposition.

(c)

(d) Only documented, written, signed statements will cause a grievance procedure to be acted upon by the Election Committe.

(e) Grievances, that may affect the final vote count must be properly presented to the Election Staff/Election Committee/Superintendent prior to Election Committee/Superintendent Certification of these votes. Grievances affecting poll votes must be received prior to Certification of Poll Votes and grievances affecting absentee votes must be received prior to Election Committee/Superintendent Certification of Absentee Votes.

8-3-102 CERTIFICATION OF ELECTION

(a) Certification of poll votes.

(b) The District Election Board members shall certify the results of the poll votes for their district.

(c) The Election Staff, Election Committee, Superintendent and designated staff shall re-count and officially certify the poll vote and shall immediately provide to the Election Staff a signed written statement of the results.

(d) Certification of poll votes shall take place on the first working day following the election.

8-3-103 CERTIFICATION OF ABSENTEE VOTES

(a) The Election Staff, Election Committee, Superintendent and designated staff shall count and certify the results of the Absentee Votes and shall immediately provide the Election Staff with signed written statement of the results of the Absentee and Poll vote count.

8-3-104 CERTIFICATION PROCEDURES

(a) The Election Board/Superintendent shall insure that proper procedure is followed, and shall include the following:

1. Determine first if any grievances have been filed, if so, they will be resolved before proceeding.

2. Insure that candidates are allowed to observe the certification proceedings (VOTE COUNT).

3.

Amended to DELETE this section 2/20/97, Resolution 1997-117

4. Any district may be chosen by the Election Board to be counted first or second or third or last.

5. Contested votes will be ruled upon first, and only the "approved" ballots (yet unopened) will be placed with the unopened absentee ballots.

6. Those ballots that are declared invalid by the Election Board will be returned to the Election Coordinator (immediately) for disposition and will remain unopened.

Amended 02/21/85, Resolution 1985-73, Certified 03/26/85

7. The returned absentee ballot envelopes will be counted to see that it matches the number indicated by election records.

8. Outer envelopes are opened and inner envelopes are removed and shuffled to lose identity.

9. Insure that each envelope contains only one ballot. Where envelopes contain more than one ballot, those ballots will be invalidated. (NOTE: By this time inner envelopes and ballots have already lost their identity.)

Amended 01/23/84, Resolution 1984-38

9A. Inner envelopes are opened and ballots are removed and again shuffled to lose identity.

Amended 01/23/84, Resolution 1984-38

10. Ballots are unfolded and counted.

11. All ballots are given to Election Coordinator and/or a designated staff member who assist with reading names of candidates receiving votes.

Amended 2/20/97, Resolution 1997-118

12. A person, designated by the Election Committee will sit adjacent to the Election Coordinator and/or a designated staff member to verify that the correct names are called.

Amended 2/20/97, Resolution 1997-118

13. Appropriate distinguishable first, last, middle, or nick-names shall be chosen to avoid confusion of names that may sound the same.

14. A person, as designated by the Election Board, shall visibly keep "tally" on a chalkboard placing a "tick mark" each time the candidate's name has been called.

15. The chalkboard "tally person" shall call out "tally" each time a candidate receives a fifth mark (or multiple thereof). The Superintendent and other Election Board members will also keep tally.

16. Superintendent or any Election Board member may cause a check or recount of the tally to be held or may request that the count be slower.

17. Periodic pauses will be taken in the count to allow persons involved to remain alert and ready, and to insure that all persons agree to the chalkboard count.

18. Ballots that contain markings other than the routine "x's" or more "x's" than are allowed shall be reviewed by the Election Board for validation/invalidation. Each Election Board member shall audibly vote on each ballot in question.

19. After the last ballot has been counted, the tally will be checked, and only if each Election Board member and Superintendent agree on the tally will those results be certified.

20. A different vote count by any of the Election Board members or the Superintendent shall cause the ballots to be recounted.

21. Observe the same procedures for the remaining three districts.

22. All ballots and envelopes are to be immediately returned to the Election Coordinator for disposition.

Amended 02/21/85, Resolution 1985-73, Certified 03/26/85

23. If the vote count difference of three (3) votes or less occurs between a council-person elect and a person who was not elected, a recount of both valid poll and valid absentee ballots is MANDATORY.

24. The one candidate receiving the most votes for position number one or for position number two in Nespelem, Inchelium and Omak Districts will be elected. The candidate receiving the most votes in Keller will be elected.

Amended 01/17/91, Resolution 1991-16, Certified 10/21/91

25. In the event of a tie between candidates for a vacant position occurs, a run-off election for the remaining vacant position, between ONLY those persons receiving a tie vote, will be held within 30 days.

25a. If in the Nespelem, Inchelium or Omak district: Candidate "X" receives more votes than any of the other candidates, he will be considered elected, and if Candidate "Y" and Candidate "Z" receive the next highest vote and they "tie", and the remaining candidates (however many) receive less votes than Candidates "Y" and "Z" then there shall be a run-off election between Candidates "Y" and "Z" (and NO others), and it shall be understood that Candidate "X" has already been elected.

26. The certification forms shall immediately be filled out and signed by all Election Board members and the Superintendent.

27. Copies may be made for distribution and posting and one copy will be provided to the Tribal Tribune to be placed on page one of the next edition.

28. Election Committee Chairperson will notify the news media of certified results.

Amended 2/20/97, Resolution 1997-118

8-3-105 OATH OF OFFICE

(a) The Council-elect shall be officially sworn in and seated in the Colville Business Council on the second Thursday in July.

(b) The following Oath of Office shall be administered by the Superintendent of the Colville Indian Agency:

"I ____, do solemnly swear and affirm that in the duties I am about to assume as a member of the Colville Business Council, do recognize and respect and I will uphold and defend the Constitution of the United States of America, and the Constitution of the Confederated Tribes of the Colville Reservation; that I will work for the best interests of the Colville Tribes in all matters at all times, without prejudice and without partiality, to the best of my ability, so help me God."

8-3-106 FORMS USED IN TRIBAL ELECTION

(a) Schedule of Events

(b) Petition sign-out sheet

(c) Petition

(d) Certification of Candidates

(e) Absentee Ballot Request

(f) Candidates' furnished postcard

(g) Tribal Tribune Absentee Request

(h) Individual letters

(i) Official ballot

(j) Sample ballot

(k) Change of District Request

(l) Instruction to Voters

(m) Inner-brown (ballot) envelope

(n) Outer-white (ballot) envelope

(o) Mailing envelope

(p) 3x5 card for alphabetical listing of absentee voters

(q) Inventory of ballot boxes

(r) Time/mileage sheets for District Election Board

(s) District Election Board Certification of Poll Vote

(t) Election Board Certification of Poll Vote

(u) Election Board/Superintendent Certification of Election

(v) Listing voters by District and Year