2.02.020 Tribal Council.
(1) Candidates.
(a) Qualifications. Any duly enrolled member of the Samish Indian Nation who will be 21 years of age or older on the date of the election and whose primary residence is within the state of Washington may run for office. No more than one member of a household may run for office in any one year. If two members of a household file to run for office and one does not voluntarily withdraw, the Election Board shall choose one member by random lot who shall be a candidate that year. The Tribal Council shall be the sole judge of the qualifications of its members.
(b) Filing Candidacy Petitions. Candidates must file petitions of their candidacy with the Election Board Superintendent on a form to be provided by the Election Board. Candidates must submit a petition signed by at least 10 legal voters. The candidacy petition must be filled out in full and signed and received by the Election Board no later than close of business on the day that is 45 days before the scheduled date of the annual General Council meeting. Candidacy petition forms may be obtained by contacting the Election Superintendent or downloaded from the Tribal web page. The Election Board shall communicate the list of official candidates to the Tribal Council within 24 hours of the closing date for filing candidacy petitions.
(c) Candidate Statement. Candidates shall be allowed to submit a statement not to exceed 300 words and a photo (at candidate’s discretion) at the same time they submit their candidacy petitions. If the Election Board approves the candidate’s candidacy, the candidate’s statement will be included in the voter’s pamphlet for the election.
(d) Review by Election Board. The Election Board shall review all candidate petitions and notify an applicant of any disqualifications within three days after the filing deadline in order to give the candidate opportunity to appeal in writing as to the reason for disqualification. The Election Board shall, after reviewing any appeals, determine which candidates meet the qualifications. The Election Board shall post a list of certified candidates in the Samish Tribal Office and in the tribal newsletter and on the website no later than 20 days after the filing deadline.
(e) Voter’s Pamphlet. After the Election Board has certified the candidates for the election, the Board will prepare a voter’s pamphlet. The Board will include the names of the certified candidates along with the candidates’ statements arranged alphabetically by last name for each position, and shall be sent to all qualified tribal voters along with notification of the election and the procedure for submitting mail-in ballots.
(f) Write-In Candidates Prohibited. No write-in candidates shall be allowed.
(g) Withdrawal. Notice of withdrawal from candidacy shall be filed with the Election Board no less than 30 days prior to the election in the form prescribed and approved by the Election Board.
(2) Tribal Council Offices Up for Election; Term of Office.
(a) Tribal Council Positions. The governing body of the Samish Indian Nation, known as the Samish Tribal Council, shall be composed of the following offices:
Position #1 – Chairman;
Position #2 – Vice-Chairman;
Position #3 – Secretary;
Position #4 – Treasurer;
Position #5 – Council member #1;
Position #6 – Council member #2;
Position #7 – Council member #3.
(b) Election of Tribal Council Members. Candidates must apply to run for specific officer positions. The election for positions 5 through 7 shall be an open election, with the candidates receiving the most votes filling those positions in order.
(c) Sequence of Elections. Elections for Tribal Council shall be held every even calendar year on the date of the annual General Council Meeting.
(d) Term of Office. The terms of office for all Tribal Council positions shall be four years. Tribal Council positions shall be staggered so that approximately half of the Tribal Council is up for election every two years. The position of Tribal Chairman, Secretary and two Tribal Council positions will be elected at one election and the Vice-Chairman, Treasurer and one Tribal Council member position at the alternating election. Whenever a vacancy in a Tribal Council position occurs and the position is filled, the person filling the vacancy shall serve in that position until the next regularly scheduled election for that position.
(3) Certification of Election. The Election Board is responsible for certifying the results of the election. After the process provided for in STC 2.02.010(5) is followed and the valid ballots are counted, the Election Board shall certify the election and shall deliver its certification of the election to the existing Tribal Council and, at the conclusion of the General Council meeting, the existing Tribal Council shall call a Special Tribal Council meeting at which the Election Superintendent or his or her designee shall schedule the swearing in of the new Tribal Council members on the day of the election or within 30 days. The Tribal Council seated at the time of election shall remain in office until the newly elected Council members are sworn in.
(4) Oath of Office. The Election Superintendent or his or her designate shall administer the oath of office to each new Tribal Council member at which time the Tribal Council member will begin his or her term of office. No Tribal Council member shall assume office until an oath has been taken.
(5) Tribal Council Members as Employees. Nothing shall prohibit a tribal employee from becoming a candidate for tribal office or from working as a tribal employee while serving as a member of the Tribal Council. The Tribal Council rules of procedure Ordinance and the Personnel Policies shall include language to prevent a conflict of interest from arising out of such employment. As used in this section, the term “tribal employee” means a person who is employed by Tribal Government under the authority of the General Manager, Controller, or HR Director of the Tribe on a full-time or part-time basis. Nothing in this chapter shall prevent an employee from seeking election to the Tribal Council or prevent a Tribal Council member from applying for employment with the Tribe. [Res. 2020-01-005 § 2, 2020.]