Election Code

Title 8 – Elections

8-10: Authorization and Definitions

8-10-10: Authorization and Definitions

The Cow Creek Band of Umpqua Tribe of Indians (the “Tribe”) is organized under the Indian Reorganization Act of June 18, 1934 (48 Stat. 984) and the Cow Creek Tribal Constitution, duly adopted pursuant to a federally-supervised constitutional ballot, on July 8, 1991 (the “Tribal Constitution”).

Pursuant to Article III, Section 1 of the Tribal Constitution, the Cow Creek Tribal Board of Directors (the “Tribal Board”) is the governing body of the Tribe.  Pursuant to Article VII, Section I (d) of the Tribal Constitution, the Tribal Board  has the authority to “administer the affairs and assets of the Tribe . . .”  Pursuant to Article VII, Section I (I) of the Tribal Constitution, the Tribal Board has the power to “enact ordinances and laws governing the conduct of all persons or tribally-owned land; to maintain order and protect the safety, health, and welfare of all persons within the jurisdiction of the Tribe; and to enact any ordinances or laws necessary to govern the administration of justice, and the enforcement of all laws, ordinances or regulations . . .”  Pursuant to Article VII, Section I (t) of the Tribe’s Constitution, the Tribal Board has “such other powers and authority necessary to meet its obligations, responsibilities, objectives, and purposes as the governing  body of the Tribe.”  Pursuant to Article  IV, Section 7 of the Tribal Constitution, the Tribal Board has the power to “. . . develop an ordinance governing the conduct of tribal elections and the procedures for nominations.”  This Title 8 of the Cow Creek Tribal Legal Code is the succeeding Tribal legislation to the Election Ordinance originally established by the Tribe pursuant to Article IV, Section 7 of the Tribal Constitution.

This Title 8 of the Law and Order Code of the Cow Creek Band of Umpqua Tribe of Indians is established for the purpose of strengthening Tribal self-government and providing for the protection of the members, property and interests of the Tribe.  Adoption hereof is an exercise of the inherent sovereignty of the Tribe, and is undertaken by the Tribal Board pursuant to its constitutional authority to do so.  Any prior Tribal law which is inconsistent with the purpose and procedures established by this Title 8 are hereby repealed to the extent of any such inconsistency.

8-20: Election Committee

8-20-10: Election Committee

The Tribal Board shall establish an Election Committee comprised of at least six (6) members of the Tribe, at least two (2) of whom will be members of the Tribal Board who were elected or returned to office in the prior year’s election. Only one Election Committee member who is a member of the Tribal Board need be in attendance at any Election Committee meeting.
The Election Committee shall be responsible for overseeing all Tribal elections, registering voters, collecting ballots, tabulating votes, reporting the results, and bringing all disputes concerning elections before the Tribal Board.
A qualified firm, approved in advance by the Tribal Board, may be hired by the Election Committee to assist the Election Committee in conducting Tribal elections.
The Election Committee shall officially convene, at a minimum, the Friday prior to each quarterly Tribal General Council meeting.

8-30: Registration Procedures

8-30-10: Eligibility

All Tribal members who are eighteen (18) years of age or older, or who will reach the age of eighteen (18) before the quarterly Tribal General Council Meeting on the second Sunday of the month of August (the “Election Meeting”), are eligible to register to vote in Tribal elections pursuant to the provisions of this Title 8.

Registration is the responsibility of the individual Tribal member. Any Tribal member at least eighteen (18) years of age may request a registration form from the Election Committee, in writing or in person at the Tribal Offices. Other than as set forth in the following paragraph, registration forms will not be provided absent a written or receipted in-office request.

Tribal members who will be age eighteen (18) in the year of, but prior to, the next annual Election Meeting, and thus become eligible to vote for the first time, will be mailed a voter registration form at their record address at least thirty (30) days before the annual Tribal General Council Meeting held on the third (3rd) Sunday of May each year (the “Nomination Meeting”).

Board Members shall not be employed by the Tribe, or the Umpqua Indian Development Corporation (“UIDC”).

8-30-20: Voter Registration Forms

The voter registration form will be approved by the Tribal Board and will remain as a continuing form to be used for all subsequent Tribal voter registrations, unless updated by the Tribal Board by official action during the annual period during which registrations are closed pursuant to the provisions of this Title 8.

Annual notice of the mailing and availability of registration forms will be published in the Tribal newsletter at least thirty (30) days prior to the Nomination Meeting.

8-30-30: Registration Period

The registration period will open the day after the annual Election Meeting and close on the Friday before the Nomination Meeting the following year. Registration forms postmarked, or hand delivered with delivery receipt from the Tribal Offices, on or before the close of business the Friday before the Nomination Meeting will be accepted and submitted for approval according to the provisions of this Title 8.

8-30-40: Registration Approval

New registration forms and signatures shall be reviewed for acceptance by the Election Committee prior to each quarterly Tribal General Council meeting. Registration forms accepted by the Election Committee during their quarterly review of registrations shall be forwarded to the Tribal Board for final acceptance by official Tribal Board action prior to the next following Nomination Meeting.

8-30-50: Permanent Registration

Once an eligible Tribal member has successfully registered to vote in Tribal elections pursuant to the provisions of this Title 8, his or her name shall be placed in a permanent Tribal voter registration file and he or she shall not be required to register again.

8-30-60: Registration Records

The permanent Tribal voter registration file shall be maintained in the Tribal government offices. The registration record is available only to the Election Committee and their legal counsel and professional contractors retained pursuant to the provisions of this Title 8, if any, and only for official Tribal election business. Any individual may determine his or her registration status upon written request to the Election Committee via the Tribal Administrator.

8-40: Nominations

8-40-10 When Nominations Taken

Nominations for Tribal Board elections will occur during the annual Nomination Meeting, which is on the third (3rd) Sunday of May each year.

8-40-20: Nomination Notice

Notice of the Nomination Meeting will be published in the Tribal newsletter and posted in the Tribal offices at least thirty (30) days in advance of the Nomination Meeting. The notice shall contain the time, date, place and procedures for nominations, as established by this Title 8.

8-40-30: Nomination Procedures

Any registered voter of the Tribe who is physically present at the Nomination Meeting may nominate one (1) eligible Tribal member for election to the Tribal Board. Persons nominated may be employees of the Tribe or Umpqua Indian Development Corporation, but must resign from employment when they begin their term on the Tribal Board. Persons nominated must also be physically present at the Nomination Meeting for the nomination to proceed, unless their physical absence at the Nomination Meeting has been approved in advance by the Tribal Board, for good cause. The nominations process in the Nominations Meeting will be managed by the Tribal Board according to its standard meeting procedures as an official agenda item at the Nominations Meeting. When the nominations are closed, no other nominations will be accepted.

8-40-40: Nomination Complete

A nomination will be considered complete when the nominee has accepted the nomination in person and in writing, prior to the conclusion of the Nomination Meeting in which they are nominated. Nominees whose physical absence has been excused pursuant to the provisions of this Title 8 shall submit their acceptance of nomination, in writing, no later than eight (8) days following the Nomination Meeting. Completed nomination acceptance forms will be placed in the election file under the direction of the Election Committee.

8-40-50: Ballot Name Order

Candidate names will be placed on the ballot with nominated incumbent Tribal Board members listed first, in alphabetical order, followed by any other nominees, listed in alphabetical order.

8-50: Elections

8-50-10 Voter Qualifications

Duly enrolled Tribal members shall be qualified to vote if they are at least eighteen (18) years of age before the annual Election Meeting and they have first registered to vote in accordance with the provisions of this Title 8.

8-50-20: Preparing/Mailing the Ballot

The Election Committee shall be responsible for preparing the annual ballot and instructions for absentee voting, by secret ballot, subject to approval by the Tribal Board. All ballot rules shall be strictly construed and enforced by the Election Committee.

Notice of the mailing of ballots will be published in the Tribal newsletter at least sixty (60) days in advance of the Election Meeting.

All registered voters will be mailed a ballot and notice of election at least thirty (30) days in advance of the Election Meeting. The completed ballot must be received by the Election Committee by the time and at the location designated on the annual ballot form by the Friday before the Election Meeting.

In order to preserve the Tribe’s system of staggered elections for its eleven (11) member Tribal Board, three (3) Tribal Board positions shall be up for election each year, except every fourth
year only two (2) positions shall be up for election. As of the date of adoption of this Title 8, the next ten (10) Tribal elections that shall be held for only two (2) positions shall be during the years 2012, 2016, 2020, 2024, 2028, 2032, 2036, 2040, 2044 and 2048.

8-50-30: Campaign Rules

No campaigning or electioneering of any kind shall be permitted on Tribal lands or at Tribal events, including, but not limited to: pow-wows, banquets, camps and trainings. Candidates may provide campaign statements, not to exceed 1,000 words in length, which shall be published or distributed to the Tribal membership no later than 45 days prior to the annual Election Meeting, provided that such statements are provided to the Elections Committee no later than 15 days after the Nomination Meeting.

8-50-40: Conduct of Election

1. Vote tabulation will be conducted at the Tribal Government Offices by the Election Committee on the Saturday preceding the Election Meeting.
2. No person other than Election Committee members will be allowed in the vote counting room during vote counting, other than legal counsel and/or representatives of any firm formally retained by the Election Committee to assist with the election process, as requested by the Election Committee.
3. All members of the Election Committee must be present at all times during vote counting.
4. If any members of the Election Committee require a break which requires them to leave the vote counting room during the vote counting process, then no fewer than three (3) members of the Election Committee shall remain in the vote counting room during the period of said absence(s) to ensure ballot security. Vote counting will cease until all members of the Election Committee have returned to the vote counting room.
5. All members of the Election Committee must sign the completed election result sheet.
6. The Election Committee Chairman shall announce the results of the election to the Tribal Board for certification at a closed Tribal Board meeting (the “Certification Meeting”) to be held Sunday morning immediately preceding the Election Meeting. In order to provide for a respectful transition of elected positions, all persons on the annual ballot shall be invited to wait outside the Certification Meeting so that, if elected, they may be prepared to assume their post immediately at the Election Meeting and so that any outgoing Tribal Board members have the option of absenting themselves from the Election Meeting if they so desire. The Tribal Board may order additional measures at the Certification Meeting to help ensure a respectful transition of elected positions, including, but not limited to, allowing outgoing Tribal Board members to remain seated with the Tribal Board at the Election Meeting on an ex-officio basis.
7. Election results will be announced to the Tribal General Council at the Election Meeting and results of the election will also be published in the Tribal newsletter as well as posted in the Tribal office.

8-50-50: Contesting the Election Results

Any qualified voter, within three (3) days following the Election Meeting may challenge the election results by filing a written challenge with the Election Committee stating the legal grounds for the challenge, together with any substantiating evidence.
If, in the opinion of the Election Committee, the objections are valid and warrant a recount or new election, the Tribal Board may order a recount or new election. The decision of the Tribal Board is final.

8-60: Re-Vote

In the event of: a) a tie vote between the candidates with the lowest vote count that would have elected them but for the tie vote to a contested seat, or b) a valid election challenge or objections, there shall be a run-off election between the tied candidates, or a new election as appropriate to the circumstance and ordered by the Tribal Board, no later than forty-five (45) days after the Election Meeting in which the tie vote or election challenge is certified, with new ballots distributed containing any additional instructions for the new or run-off election.

8-70: Severability

If any section, or any part thereof, of this Title 8, or the application thereof to any party, person or entity in any circumstances shall be held invalid for any reason whatsoever by a court of competent jurisdiction or by federal legislative enactment, the remainder of the section or part of this Title 8 shall not be affected thereby and shall remain in full force and effect as though no section or part thereof has been declared to be invalid.

8-80: Interpretation

The Tribal Board retains the authority to resolve any issues relating to the interpretation of this Title 8 and its application to any person or circumstance.

8-90: Self-Governance

The provisions herein are intended to advance the sovereign self-governance of the Tribe, and to protect the political integrity, economic security and health and welfare of the Tribe and its members.

8-100: Jurisdiction and Tribal Sovereign Immunity

These rules shall not be construed to limit the jurisdiction of the Tribe and nothing in these rules shall limit or constitute a waiver of the sovereign immunity of the Tribe or its officers and instrumentalities.

8-110: Effective Date

This Title 8 becomes effective upon adoption.

8-120: Amendment or Repeal of Title 8

After this Title 8 becomes effective, neither this Title 8, nor any section, part or word hereof, or any resolution adopted by the Tribal Board pursuant to the terms hereof, may be amended or repealed other than by Tribal Board resolution approved by at least eight (8) members of the Tribal Board at any regular meeting of the Tribal Board.