(a) Filing of Petition. Every person elected to Tribal Council Office in the Samish Indian Nation shall be subject to recall upon receipt and validation of a petition of at least one-quarter of the General Council. Filing and circulation of a recall petition shall follow the provisions of this chapter; provided, that the petition shall not require a sponsor; and provided further, that a recall petition shall not require review and opinion by the Tribal Attorney. No particular form of petition shall be required so long as the Election Board determines that the petition reasonably notifies any potential signer that a recall election is contemplated. A recall petition shall be for only one Tribal Council member.

(b) Certification and Circulation of Recall Petition. A recall petition must be submitted to the Election Board before it is circulated for signature. The Election Board shall certify the form of recall petition within seven days of receipt. The Election Board may adopt a form of recall petition for use by tribal members, but such form shall not be a requirement for a recall petition to be determined valid. Circulators of a recall petition shall have 90 days from the date of certification to collect signatures and turn in completed petitions. The Election Board, at the same time a recall petition is certified, shall certify the number of valid signatures for a recall election to be called.

(c) Return of Petitions. Completed recall petitions shall be turned in to the Election Board at one time. Upon receipt of a recall petition by the Election Board, no additional petitions or signatures shall be accepted, and no signatures may be withdrawn. The submitted petitions shall be the sole and exclusive determinant of whether a recall election must be called.

(d) Board Review of Petition. The Election Board shall review and verify the genuineness of signatures on the recall petitions, using available tribal records. The Election Board shall have access to tribal records for purposes of performing its duties under this section. Upon verification of at least the minimum number of signatures on a recall petition, the Election Board shall validate the petition and notify the Tribal Council that a recall election must be called within 30 days.

(a) The Election Board is responsible for setting the election date for a recall election within the time frames established by the Samish Constitution and this chapter. An election under this section shall be conducted by mail.

(b) Challenges to rejected ballots must be made immediately following the closing of the polls on the date set for the election. The procedures set out in STC 2.02.010(5) shall be followed. A recount request must be made according to STC 2.02.060(2) and must be made after the results of the election are certified, but before position is declared vacant.

(c) Voting Procedure. All ballots must be received by 5:00 p.m. on the date set for the election. Challenges to rejected ballots must be made immediately following the closing of the polls on the date set for the election, which, in the case of an all-mail-in ballot election, shall be at 5:00 p.m. The procedures set out in STC 2.02.010(5) shall be followed.

(d) Form of Ballot. The ballot used in a recall election shall contain the question: “Shall ________________ be recalled from office in the Samish Indian Tribe?” and shall contain a space opposite such question, in which shall appear the words “Yes – No.” Official ballots shall be printed on white paper with black ink in BOLD letters and use 14-point size font on the entire ballot. Ballots shall be numbered or barcoded. 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.

(e) Returns. Immediately after the polls are closed, the Election Board shall secure the ballot box in a place where tampering cannot take place. After the procedures related to rejected ballots as set forth in STC 2.02.010(5)(d) have been completed, the Election Board shall count the votes cast in a separate room subject to the provisions of STC 2.02.060(1). The Election Board shall review and certify the results of the election, deliver the results to the Chairman of the Tribal Council, and post the results in a public place. Recount request must be made according to STC 2.02.060(2) and must be made after the results of the election are certified, but before the position is declared vacant.