Resolution No. 70

WHEREAS, the Confederated Tribes of the Grand Ronde Community of Oregon has been restored pursuant to P.L. 98-165, and,

WHEREAS, the Confederated Tribes of the Grand Ronde Community of Oregon has elected an Tribal Interim Council which is required, pursuant to the Grand Ronde Restoration Act, to adopt a Tribal Election Ordinance, and,

WHEREAS, the purpose of the Tribal Election Ordinance is to provide for elections of the Tribal Governing Body, as required by Article VI of the Grand Ronde Constitution.

THEREFORE, BE IT RESOLVED THAT THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON TRIBAL INTERIM COUNCIL HEREBY APPROVES THE TRIBAL ELECTION ORDINANCE NO. 85-1.

CERTIFICATION: The Tribal Interim Council for the Confederated Tribes of the Grand Ronde Community of Oregon passed this Resolution at a meeting held on Jan 31.,1985, by a vote of 6 Yes and 0 No.


Interim Council Chairperson __________________________________
Interim Council Sec./Treas. __________________________________

(a) PURPOSE AND AUTHORITY: The purpose of this ordinance is to provide for elections as required by Article VI of the Tribal Constitution.

(b) ELECTION BOARD.

(1) Qualifications: All elections shall be administered by the Election Board (Board) . The Board shall consist of seven (7) persons selected from the tribal membership. Board members shall be 18 years of age or older. No person shall be appointed who:

(A) Is currently holding elective office or (2) plans to be a candidate in any election during his or her term of service. If a member of the immediate family of a Board member accepts a nomination as a candidate, that Board member shall be disqualified from serving in that elect ion only and an alternate appointed in his or her place.

(2) Term of Office: Board members shall each serve for two (2) years from the date of appointment and may be removed by the Council for failure to perform the duties set forth in Section (b) (2). Their terms of office shall commence in November. Upon expiration of a member's term, the Council shall appoint a representative from nominees selected by the Board. In the event of vacancy on the Board, the Council shall appoint a qualified replacement for the remainder of the term of service.

(3) Duties of Election Board: Upon accepting the appointment, each member of the Board shall sign an oath which shall become part of the election records stating that he or she will serve according to the best of his or her ability and shall make every effort to prevent fraud or abuse of the election pro cess. The Board shall perform all duties set forth by this ordinance and by Article II and VI of the Tribal Constitution. Failure to perform such duties shall be cause for immediate dismissal by a majority vote of the members of the Council. The duties of the Board shall include, but not be limited to:

(A) Posting notices of time and place for candidates to be nominated for election;

(B) Examining and certifying the validity of nominations for election to the Tribal Council;

(C) Compiling an alphabetical list of all certified candidates for election to the Tribal Council and pre paring all ballots pursuant to Section (d) (1);

(E) Providing absentee ballots and accepting or rejecting absentee ballots pursuant to Section (e)

(F) Supervising the elections pursuant to the procedures outlined in Section (d) (2

(G) Ensuring that ballots are distributed only to qualified voters;

(H) Receiving all ballots cast and preserving them in a sealed container, under lock and key for one (1) year from the date of each election, as evidence to be used in any election dispute;

(I) Counting and tabulating the ballots at the close of voting, pursuant to the procedures outlined in Sections (d) (3) and (e) (1)

(J) Ensuring adequate record keeping that will provide sufficient information to determine the validity of any election;

(K) Reviewing and investigating any claims of irregularity regarding the election and making a determination as to the validity or invalidity of the election pursuant to the procedures outlined in Section (f)

(L) Reporting to the Tribal Chairperson the results of the election pursuant to Section (d) (3), within forty- eight (48) hours of the closing of the -ballot, and re porting any complaint of irregularity and determination arising from such complaint;

(M) Examining and verifying petitions for initiative, referendum, and recall, by ascertaining that a petition contains the signatures of at least one-third (1/3) of the members of the General Council and that the basis for the petition is properly set forth as required by Article II of the Tribal Constitution;

(N) Conducting elections for the determination of petitions for initiative, referendum, or recall, pursuant to the procedures set forth by Article II of the Tribal Constitution;

(0) Establishing rules for the conduct of Board members and of their duties that are consistent with this Ordinance, said rules to be published at least 30 days before nominations. Any amendments to said rules shall be published at least 21 days before becoming effective; and,

(P) Electing Board Officers and reporting on the result of said election to the Tribal Council;

(Q) Receiving training both for Board Members and alternates as needed to carry out all duties of the Board.

(4) Compensation: Board members shall be reimbursed for expenses incurred in connection with their official duties and compensated to the extent that tribal funds are available.

(c) QUALIFICATION OF VOTERS

(1) Who may vote: Any duly enrolled tribal member who will be 18 years of age or older on the date of a scheduled election shall have the right to vote in the election. "Duly enrolled member" means any person who has been accepted as a member of the Tribe in accordance with the tribal enrollment ordinance adopted pursuant to Article V of the Tribal Constitution or in accordance with Section 7 of the Grand Ronde Restoration Act.

(2) Signature Verification Registration System:

(A) To maintain the integrity of the Tribal election process, there is hereby established a signature verification registration system. The procedures set out below are to ensure that votes cast in the name of a Tribal member are in fact cast by that member.

(B) Each Tribal member who desires to vote in a Tribal Council election, or a referendum, initiative or recall election, whichever is relevant, must have a verified voter registration card on file with the Tribal Enrollment office. If a member does not have a verified voter signature card on file with the Enrollment office by the close of the polls on an election day, he or she will not be permitted to vote in that election.

1. The voter registration card shall be in a format designed by the Board, in consultation with the Enrollment office, provided that the card shall contain at least the following: space for the member's signature and a space for a notary public's seal and signature.

2. A "verified voter registration card" shall mean a voter signature card which contains the signature of the Tribal member, verified by the seal and signature of a notary public.

3. The Board, in consultation with the Enrollment office, shall devise procedures for communicating this requirement to Tribal members and sending cards to all members.

4. Notwithstanding any provision of this Ordinance, it is the responsibility of each Tribal member who wishes to vote in an election to ensure he or she has a verified voter (registration card on file in the Enrollment office. Failure of the Board or Enrollment office to follow the above procedures shall not be cause to allow a member's vote to be counted if no verified voter registration card is on file.

5. Any Tribal Member who has a voter registration card and whose name has changed, shall have the right to vote one time, without re-registering, at the next scheduled or unscheduled Tribal Council election, referendum, initiative, or recall election. In order to vote at any subsequent election, the Tribal Member whose name has changed must update their registration card at the enrollment office.

(3) Voters List: The tribal enrollment staff shall provide an updated list of qualified voters to the Board no later than 5 p.m. on the last working day prior to any scheduled election. The Board shall keep an up-to-date poll book, with the voters listed in alphabetical order or as nearly so as possible.

(d) CONDUCT OF THE ELECTION

(1) Ballots: The Board shall prepare all ballots. The ballot shall contain the following instructions:

"You May Vote For __ Candidates For Tribal Council. Place An "X" By The Name Of Each Person You Wish To Vote For. You May Not Give Any Candidate More Than One Vote. Any Ballot With More Than __ Total Votes Shall Be Invalid! If You Need Assistance, The Election Board Members Will Help You."

The official ballot shall be printed on white paper with black ink and shall include the number of candidates to be elected. Sample ballots may be printed on colored paper and shall be clearly labeled "sample ballot" and shall not be counted if placed in the ballot box.

(2) Voting Procedure: Voting shall take place at the Grand Ronde Tribal Headquarters in Grand Ronde, Oregon, from 9 a.m. to 6 p.m. on a date to be set by the Board in consultation with the Tribal Council. No fewer than two Board members shall be present at all times. No other person shall remain, loiter, or campaign within fifty (50) feet of the voting area.

One Board member shall control the poll book; another Board member shall hand out ballots and supervise the ballot box.

The voter shall first sign his or her name in the poll book. If the voter is unable to do so, the Board member shall write "unable to sign" by that name. A Board member shall verify that the voter is the tribal member whose name he or she is seeking to vote under. Verification shall be done by comparing the poll book signature with the tribal member's signature as it appears on the member's verified voter registration card (or by visual comparison with any form of photo identification.) Once a Board member has verified the voter, the Board member shall note such verification in the poll book by signing his or her initials by the voter's name. The voter will then be issued a ballot. The voter shall then mark the ballot in a private area to be designated by the Board. The voter may receive assistance from a Board member in voting if requested. The voter shall fold the ballot when completed and deposit it in the locked ballot box.

If the voter accidentally makes a mistake or destroys his or her ballot, a new ballot may be issued to the voter, with the correction noted in the poll book, the spoiled ballot shall be marked "void" immediately by a Board member and shall be retained by the Board.

(3) Returns: Immediately after the polls are closed, the Board shall clear the office of all persons other than them selves and/or the alternates and shall count the votes cast. The winners shall be chosen by plurality according to the rank order of votes received. The Board shall then announce the results of the election. If no recount is requested, no new election is justified, and no appeal is filed under Section (f), the Board shall certify the election and deliver the results to the Tribal Chairman within 48 hours of the announcement of the results of the election. Winning candidates shall take office in accordance with Section (j).

(e) ABSENTEE VOTING

(1) Provisions for absentee balloting and voting by mail are required for all elections. No ballots received after the close of the voting shall be counted. Absentee ballots must be mailed or hand delivered to the Board at the Grand Ronde Tribal Office, Grand Ronde, Oregon 97347, and received no later than 6 p.m. on the election date.

(2) The Board shall send a ballot to each registered voter, whether or not they request a ballot. Absentee ballots shall be available by June 30th of the election year at the Tribal Office in Grand Ronde, Oregon. Lost ballot request forms may also be requested from the Board or its designee, which shall mail the requested application form within two working days of the officially stamped receipt of the request.

Upon receiving a properly completed and signed registration form, the Board shall mail to the applicant an absentee ballot within two (2) working days of the officially stamped receipt of the application. No request for a ballot shall be valid after 5 p.m. on the last working day prior to the election.

(3) Ballots: The absentee ballot shall consist of a paper ballot which otherwise meets the requirements of Section (d) (1), an outer envelope, instruction sheet, ballot secrecy envelope, and return envelope.

(4) Voting Procedure: When voting by absentee ballot, the voter shall mark the ballot and place it in the ballot secrecy envelope and seal it. The voter shall then place the ballot secrecy envelope inside the return envelope and seal it. The return envelope shall be signed by the voter and returned by U.S. Mail to the Board.

(5) Returns: The Board shall compare the signature on the re turn envelope with the signature on any ballot request on file. These signatures shall be verified as the actual signature of that Tribal member, by comparison with that member's signature as it appears on his or her verified voter registration card. If there is no verified voter registration card on file or that member in the Enrollment office by the close of the polls on the day of the election, or if the signatures do not match, the absentee ballot shall be rejected. If signatures match, the return envelope shall be opened and the secrecy envelope shall be deposited in the locked ballot box. In the event that a ballot is rejected because of an improper signature, the return envelope shall not be opened. The entire rejected ballot shall be deposited in a separate, secure rejection box.

(6) Rejected Ballots: At the closing of the polls, the Board shall allow any interested voter whose ballot was rejected to challenge the rejection of that ballot. The Board shall notify in writing the voters whose ballots were known to be rejected within three (3) days of the election. The decision of the Board shall be final. If a challenge is granted, the return envelope shall be opened and the inner envelope deposited in the absentee ballot box in the same manner as other absentee ballots. Rejected ballots shall be kept for a period of one (1) year, and shall be open to challenge for thirty (30) days from the date of the election.

(7) Security of Ballots and Applications: The Board shall maintain a locked fireproof box for the keeping of submitted requests for absentee ballots and returned absentee ballots. The Board shall check the Post Office box at least twice weekly between July 1 and Election Day, and record the requests and respond to them. The Board shall keep the box in a secure location for ballots and requests.

(f) ELECTION CHALLENGES AND RECOUNTS:

(1) Any candidate may, by written request to the Board, request a recount. Any request for a recount shall be made within 72 hours after the Board has announced the results of the election.

(2) The Board shall conduct a recount when, in the opinion of the Board, a vote is so close as to justify a recount or there is some evidence of irregularity sufficient to justify a recount. The decision of the Board whether to make a recount shall be final.

(3) If a recount is conducted, a non-tribal election official designated by the Board shall be required to attend.

(4) In the event of extreme irregularity, the Board may order a new election. The new election shall be conducted generally in accordance with the provisions of this ordinance except no new candidates may be nominated and sufficient time shall be granted for notice of the new election to be given to tribal members and for absentee voting. The decision of the Board on whether to hold a new election shall be final.

(5) Written notice of appeal of a Board decision shall be filed with the Board within 4 days of the decision. The appeal should be pursuant to Section (r)

(6) In the event of a tie vote between the third (3rd) and fourth (4th) persons having the highest votes, the Board will ask whether one chooses to withdraw from the election. If a Candidate so chooses, the Board will declare the remaining candidate the winner. If no candidate withdraws, the Board shall conduct a run-off election.

(A) The run-off election will be held on the second (2nd) Saturday in November, using the procedures for Council elections set forth in sections (d) and (e)

(B) the Board shall place a notice of the election and a description of, the election process, and absentee ballot request form in the October issue of the Tribal Newsletter and in a special bulletin to be mailed to tribal members by September 21. The Board shall make absentee ballots available within two (2) weeks of declaring the tie vote.

(7) If an incumbent Council member is a candidate in the run off election, that person shall occupy the Council seat until the results of the run-off election are certified by the Board. If neither candidate is an incumbent, the seat shall remain vacant until the winner of the election is sworn in.

(g) TIME OF ELECTION.

(1) First Election: The members first elected to the Tribal Council shall hold office until their successors are duly elected and installed following the Tribal Council election in September 1987.

(2) Subsequent Elections: Elections for Tribal Council shall be held annually in September. The date and places for voting shall be designated by the Board, in consultation with the Tribal Council.
At the Tribal Council election in September 1987, the three (3) members receiving the highest number of votes shall be elected to three (3) year terms, the three (3) members receiving the next highest number of votes shall be elected to two (2) year terms, and the three (3) members receiving the next highest number of votes shall be elected to one (1) year terms. Thereafter, there shall be annual elections in September and, in order to maintain staggered terms of office, all Council members shall be elected to three (3) year terms or until their successors are duly elected and installed.

(h) CANDIDATES

(1) Qualifications: Any enrolled member who will be 18 years of age or older on the date of the election is qualified to be a candidate.

(2) Nominations: The General Council shall accept nominations at its regular meeting in May of each year. The Council shall give notice of this at the regular meeting of the General Council in April. Any eligible voter may nominate a candidate from the floor at the May meeting. The candidate must be present and either decline or accept the nomination.

Prior to placing a candidate's name on the ballot, the Board shall verify that the candidate meets the qualifications set forth in Section (h) (1)

(3) Write-In Candidates: No write-in candidates will be accepted.

(i) CERTIFICATION OF ELECTION: The Board shall certify the results of the election as provided in Section (d) (3)

(j) TAKING OFFICE

(1) Beginning of Terms: Within one week of certification of the election by the Board to the Tribal Chairperson, the newly elected Council members shall gather in the tribal council chambers for the administration of the oath of office by the Chief Judge of the Tribal Court provided that, prior to the appointment of a Chief Judge, the Bureau of Indian Affairs Agency Superintendent responsible to the Confederated Tribes of the Grand Ronde Community of Oregon shall administer such oath. The oath of office shall be as follows:

"I, ________________________________, Do solemnly swear that I will uphold the Constitution and laws of the Confederated Tribes of the Grand Ronde Community of Oregon, that I will serve the Tribe to the best of my ability, that I will work for the entire membership of the Tribe, that I will responsibly represent the Tribe, that I will carry out the directions of the Tribal Council, that I will declare when a conflict of interest could affect the performance of my duties on behalf of the Tribe, and that I will perform all duties required of me by the Constitution and laws of the Tribe."

Immediately upon the taking of the oath of office, Council members shall begin their terms of office. No Council member shall be a Tribal employee during his or her term of office.

(2) Election of Officers: The officers of the Council shall consist of a Chairperson, a Vice-Chair, Secretary and Treasurer. Officers of the Council shall be elected by a majority vote of the members of the Council. At the Council meeting to elect new officers, the Chief Judge of the Court shall chair the meeting until a new chairperson is elected; provided, however, that prior to the appointment of a Chief Judge the Bureau of Indian Affairs Agency Superintendent responsible to the Tribe shall chair such meeting until a new chairperson is elected; provided further that neither Chief Judge nor the Agency Superintendent shall have the right to vote.

(3) Terms of Officers: The officers of the Council elected pursuant to Section (j) (2) shall hold office from the time of their election as officers until the end of their term of office as set forth in Section (g)

(4) Reprimand: A Council member may be reprimanded by the vote of a majority of the nine (9) members of the Council, for significant failure to perform the duties required by the Oath of Office (Section (j) (1)); provided no Council member may be reprimanded unless he or she has first been given a full and fair opportunity to respond at a regular or special meeting of the Council to the basis of the proposed reprimand. Upon the issuance of a reprimand by the Council, the contents of the reprimand shall be published in the Tribal Newsletter and on the tribal bulletin board.

(5) Removal of a Tribal Officer from His or Her Office: A Council officer may be removed from his or her office for significant and continued failure to perform the duties of his or her office, upon the vote of a majority of the members of the Council. Upon receiving a motion for removal of a Council officer, the Council shall provide the said officer at least two (2) weeks notice from the date of the motion to prepare an answer to the charges contained therein, and the officer shall be given a full and fair opportunity to respond at a regular or special meeting of the Council to the basis of the motion for removal. Upon the removal of an officer, a new officer shall be elected immediately to fill the vacancy; provided that his or her term of officer shall expire at the same time as the original officer's term of office would have expired.

(k) VACANCIES

(1) Manner of Vacancies: An elective tribal office may become vacant in the following ways:

(A) Death, disability, or resignation of an elected tribal official;

(B) Failure of a Council member to attend regular meetings on three (3) consecutive occasions without a written excuse accepted by a majority vote of the other members of the Council, according to the terms of Article VI, Section 6 of the Tribal Constitution.

(C) Recall of an elected tribal official pursuant to Article II, Section 1 (d) of the Tribal Constitution, for improper conduct or gross neglect of duty.

(2) Filling Vacancies: In the event that any elective tribal office becomes vacant between elections, said vacancy shall be filled according to the terms of Article VI, Section 6 of the Tribal Constitution and the term of the replacement shall expire at the same time the original incumbent's term would have expired.

(l) INITIATIVE: Upon receipt of a petition signed by at least one-third (1/3) of the members of the General Council setting forth a proposed ordinance or resolution, the Board shall verify the petition pursuant to Section (o) Upon verification, the initiative shall be submitted by the Board to a vote of the General Council at a regular or special meeting of the General Council to be held within sixty (60) days of the verification. The Board must give forty-five (45) days' notice of the election, publish the date, time, and place of the election and terms of the initiative, and prepare ballots. The ballots shall include the proposed initiative and space for a "yes" or a "no" vote.

(m) REFERENDUM: Upon receipt of a petition signed by a least one-third (1/3) of the members of the General Council setting forth a proposed or previously enacted ordinance or resolution of the Council for reconsideration by the General Council, the Board shall verify the said petition pursuant to Section (o). Upon verification, the referendum shall be submitted by the Board to a vote of the General Council at a regular or special meeting of the General Council to be held within sixty (60) days of verification. The Board must give forty-five (45) days' notice of said election and publish the date, time, and place of the election and the terms of the referendum and prepare ballots. The ballots shall include the proposed referendum and space for a "yes" or a "no" vote.

(n) RECALL

(1) Procedure for Recall: Upon receipt of a petition signed by at least one-third (1/3) of the members of the General Council setting forth the basis for recall of an elected official who is guilty of improper conduct or gross neglect of duty, the Board shall verify such petition pursuant to Section (o). Upon verification, the Board shall call a special election to consider the recall of the elected official named in the petition. The election shall be held within thirty (30) days of verification of the petition by the Board; provided, that if the petition is submitted within six (6) months of the next annual election, the Board may direct that the matter be placed on the ballot for that election. The accused tribal official shall be given full opportunity to reply to any and all charges at the General Council meeting called at least five (5) days in advance of the election.

(2) Basis for Recall: For purposes of this section, "improper conduct" shall consist of a conviction of any felony in any jurisdiction within the United States, or any act involving substantial dishonesty committed while acting as a tribal official. For purposes of this section, "gross neglect of duty" shall consist of failure to perform the duties as set forth in the Constitution and laws of the Confederated Tribes of the Grand Ronde Community of Oregon.

(3) Contents of Recall Petition: Recall petition shall contain the following:

(A) The name of the person whose recall is sought;

(B) A brief but specific statement of the charge or charges made, including, where appropriate, dates, places, and times; and

(C) Spaces for the printed names, the signatures, and the addresses of persons wishing to sign the petition, and the date of signing.

(4) Notice: Upon receipt of a recall petition, the Board shall personally deliver, or mail by certified mail, a copy of the said petition to the person whose recall is sought.

(o) VERIFICATION: The Board shall verify petitions made pursuant to Article II, Sections 1(b), (c), and (d) of the Tribal Constitution by determining that the names which appear on the petition total at least one-third (1/3) of the General Council members entitled to vote, that each person has signed only once, and that the names on the petition are the names of persons entitled to vote pursuant to Section (c)

(p) ELECTION RESULTS: The Board shall determine the results of elections pursuant to Sections (1), (m) and (n) by determining if thirty (30) percent of those entitled to vote have voted. If not, the petition shall fail. If at least thirty (30) percent of those entitled to vote have voted, a vote of a two-thirds (2/3) majority shall be conclusive and binding on the Council. The Board shall deliver the results of such election as provided in Section (d) (3)

(q) AMENDMENT OF THE TRIBAL CONSTITUTION: The Board shall call and supervise any election concerning the amendment of the Tribal Constitution when authorized to do so by the Secretary of the Interior pursuant to Article II, Section 1 (e) of the Tribal Constitution.

(r) APPEALS: Appeals under this ordinance shall be to the Tribal Court. Appeals must be filed within fourteen (14) days of the decision being appealed. Only voters in the election from which the appeal arose may appeal a decision related to that election.

(s) REPEAL OF PREVIOUS ORDINANCE: This ordinance replaces the Tribal Election Ordinance adopted January 31, 1985, and said ordinance is hereby repealed.

(t) SEVERABILITY: If a court of competent jurisdiction finds any provision of this Ordinance to be invalid or illegal under applicable federal or tribal law, such provision shall be severed from this Ordinance. The remainder of this Ordinance shall remain in full force and effect.



I certify this to be a true copy of the Confederated Tribes of the Grand Ronde Community of Oregon Election Ordinance.




___________________________
Ed Larsen, Secretary