(1) Elections for Tribal Council shall be held every two years, on the date of the annual General Council meeting, as provided for in this section. The time and place of voting shall be designated by the Tribal Council. Tribal Council members elected at this election shall take office upon certification of the election results by the Election Board.

(2) No person shall be a candidate for Tribal Council or other elected tribal office or hold office unless he or she is a duly enrolled member of the Samish Indian Nation, who will be twenty-one (21) years of age or older on the date of election, and whose primary residence is within the State of Washington. The Tribal Council may establish other, reasonable qualifications for office by ordinance, provided, that such qualifications shall not unreasonably restrict the right of General Council members, consistent with the public interest, to run for or hold office. Statements of candidacy must be filed with the Election Board at least forty-five (45) days before the annual election.

(3) The term of office for all Tribal Council members and officers shall be four years, except as provided for in Subsection (5) of this Section. Tribal Council positions shall be staggered so that approximately half of the Tribal Council is up for election every two years. The positions of Tribal Chairman, Secretary, and two Tribal Council member positions will be elected at one election, and the positions of Vice-Chairman, Treasurer, and one Tribal Council member position will be elected at the Tribal Council election held two years later.

(4) Each voter shall be allowed to cast one vote for each vacant Tribal Council officer position, and one vote for each open Tribal Council member position, provided, that no more than one vote per candidate shall be cast for open Tribal Council member positions. Winners for open Tribal Council Officer positions shall be determined by the candidate who receives the most votes for each position. Winners for open Tribal Council positions shall be determined by plurality, with the candidate receiving the highest vote total winning office in order of the number of votes received and the number of Tribal Council member positions up for election. In the event of a tie for the last open position the winner shall be chosen by flipping a coin under supervision of the Election Board.

(5) The first election to take place under this constitution shall be for the election of all Tribal Council members, including officers, which election shall take place at the first annual General Council meeting subsequent to adoption and certification of this Constitution. Candidates shall run for specific Tribal Council officer positions. Candidates shall run as a group for the position of Tribal Council member. Winners for Tribal Council officer positions shall be determined by the person receiving the highest number of votes for each position. Winners for the positions of Tribal Chairman and Secretary shall serve an initial term of office of four years; winners for the positions of Vice-Chairman and Treasurer shall serve an initial term of office of two years. Winners for open Tribal Council member positions shall be determined by plurality vote. The three candidates receiving the most votes shall assume Tribal Council member positions, with the two persons receiving the most votes for Tribal Council member serving an initial four year term of office and the person receiving the third highest vote total for Tribal Council member serving an initial two year term of office. Thereafter elections for Tribal Council shall occur as set forth in Subsection (3) of this Section.