Chapter 9.12
ELECTION CODE

Sections:

Subchapter 1. Generally

9.12.010    Purpose.

9.12.020    Definitions.

Subchapter 2. Election Board

9.12.030    Election Board.

9.12.040    Notice of election.

9.12.050    Notice of election – Contents.

9.12.060    Preparation of ballots.

9.12.070    Election judges.

Subchapter 3. Voters

9.12.080    Eligible voters.

9.12.090    Disabled voter.

9.12.100    Appeal by disqualified voters.

Subchapter 4. Elections

9.12.110    Declaration of candidacy.

9.12.120    Permanent Trust Fund Board requirements.

9.12.130    Primary elections.

9.12.140    Determination of finalists.

9.12.150    General election.

9.12.160    Purpose of general elections.

9.12.170    Ties.

9.12.180    Vacant positions with different term lengths.

9.12.190    Special elections.

9.12.200    Place and time of elections.

9.12.210    Electioneering and politicking.

Subchapter 5. Voting and Counting of Ballots

9.12.220    Voting procedure.

9.12.230    Counting of ballots.

9.12.240    Certification of election.

9.12.250    Custody and destruction of ballots, sign-in book, and absentee requests.

9.12.260    Publication of election results.

Subchapter 6. Absentee Voting

9.12.270    Eligible absentee voters.

9.12.280    Absentee ballot request.

9.12.290    Exceptions to requirements of voting by absentee ballot.

9.12.300    Voting procedure for absentee ballots.

9.12.310    Verification of absentee voters.

9.12.315    Walk-in voters who voted absentee.

Subchapter 7. Miscellaneous

9.12.320    Disruption of election process.

9.12.330    Protests.

9.12.340    Wrongful conduct.

9.12.350    Conflicts of interest.

9.12.360    Enforcement.

9.12.370    Severability.

9.12.380    Repeal of prior acts.

9.12.390    Effective date.

Appendix    A    Sample Ballot.

Appendix    B    Declaration of Faithful Intent.

Appendix    C    Declaration of Identity.

Subchapter 1. Generally

9.12.010 Purpose.

The purpose of this chapter is to establish a procedure to enable the members of the Puyallup Tribe of Indians to express their collective intent by majority vote in the various elections that are called from time to time. [Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.010]

9.12.020 Definitions.

Words of this chapter shall have the meaning given them in this chapter unless the context clearly indicates another meaning. If the meaning of a word is not clear, the Court shall construe the meaning of the word in harmony with the purposes of this chapter.

(a)    “Council” or “Tribal Council” means the Puyallup Tribe of Indians Tribal Council.

(b)    “Election” when used alone means any election except where the context indicates that a general or special election is meant. “Election” when used without qualification never means a primary election.

(c)    “Electioneering” means any oral, printed, or written attempt to persuade persons to refrain from voting or to vote for or vote against any candidate or issue. Examples of electioneering include:

(1)    Clothing that states support for or against a candidate or issue;

(2)    Hand out, place, or display campaign cards, pictures, or other campaign literature of any kind or description whatsoever;

(3)    Placing or displaying political signs, pictures, or other forms of political advertising.

(d)    “General election” means an election required to be held on a fixed date recurring at regular intervals.

(e)    “Politicking” means directly or indirectly engaging in Tribal political activities directed toward the success or failure of a political party, political group, political candidate, or political position on a particular issue. Tribal political activity includes engaging in face-to-face discussions during work hours at workplace areas, distributing political signs, pictures, or other forms of political advertising.

(f)    “Primary” or “primary election” means a statutory procedure for limiting the number of candidates to public office by the casting of votes.

(g)    “Reservation” means the Puyallup Indian Reservation.

(h)    “Seal of the Election Board” shall mean any manner by which the Election Board identifies its approval. [Res. 170119 (01/17/19); Res. 260214D (02/26/14); amended during 2010 recodification; Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.020]

Subchapter 2. Election Board

9.12.030 Election Board.

(a)    All elections shall be conducted by the Election Board composed of seven eligible voters and three alternates, appointed by the Tribal Council. All positions will be appointed by the Tribal Council by Council Determination Report, which shall indicate which individuals serve as members and which individuals serve as alternates. No Election Board member, or their alternate, shall be a candidate for any elective office nor a member of the Tribal Council. Each member of the Election Board shall serve at the discretion of the Council. Election Board members will be posted with the Notice of Election.

(b)    The Election Board will hold meetings as needed to conduct business. Four Election Board members, one of which must be a Board officer, present constitutes a quorum. The Board shall designate its own officers: a Chair, a Vice-Chair to act in the Chair’s absence and a Secretary, who shall maintain records of its activities. Actions of the Election Board are valid upon a majority vote if a quorum is established. The Board officer presiding over the meeting shall not vote except to break a tie.

(1)    All Election Board members shall physically appear at meetings to be counted present for the purpose of constituting a quorum. Only in the case of an emergent circumstance may an Election Board member appear at meetings by telephone, video, Internet connection, or other means of live communication. The Secretary of the Election Board shall document the emergent circumstance in the minutes kept.

(c)    The Election Board may adopt internal policies and procedures if approved by the Tribal Council. These might include rules of meeting, record-keeping, keeping minutes, and duties and responsibilities of the Secretary, Chairperson and Vice Chairperson. Internal policies and procedures may be incorporated by reference upon Tribal Council approval. [Res. 110924-J (09/11/24); Res. 170119 (01/17/19); Res. 260214D (02/26/14); Res. 270306B (03/27/06); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.210]

9.12.040 Notice of election.

A notice of election shall be mailed by the Election Board to each eligible voter on or before the thirtieth calendar day preceding each scheduled election. The notices shall be mailed to the eligible voter’s address on file with the Enrollment Office. [Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.220]

9.12.050 Notice of election – Contents.

Every notice of election shall contain the following:

(a)    The reason for the election;

(b)    The date and location of the election;

(c)    Notice of the requirements for candidacy, if applicable, including the date when filing notice of candidacy closes;

(d)    An absentee ballot request form;

(e)    The address to which the absentee ballot requests are to be mailed; and

(f)    Notice of the requirements to vote by absentee ballot. [Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.230]

9.12.060 Preparation of ballots.

(a)    The Election Board shall prepare all official election ballots for Council approval before printing and distribution. All official ballots shall bear the seal of the Election Board and shall include instructions on how each voter shall indicate his or her choice.

(b)    The Election Board shall keep accurate records of all official ballots prepared, including total number of ballots ordered or prepared, total number of absentee ballots ordered or prepared, and number of ballots ordered or prepared for walk-in voters.

(1)    The Secretary of the Election Board shall keep these records in a secured and designated locking cabinet or in a secured and designated locked room.

(c)    The Election Board may use the best available technology in conducting elections. [Res. 170119 (01/17/19); Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.240]

9.12.070 Election judges.

(a)    The Election Board members shall serve as the official election judges. The election judges shall conduct the elections and make determinations by majority vote regarding election questions arising during the election process. No less than four election judges shall be at the polling place at all times. At least one Election Board member shall be at the following locations during the election:

(1)    The sign-in station;

(2)    Where ballots are distributed;

(3)    At or near the ballot box; and

(4)    At a designated place to provide assistance to voting members should the need arise.

(b)    In order to serve as an official election judge, Election Board members shall first sign a declaration of intent to faithfully discharge the duties of an official election board. All official election judges shall sign the declaration in the presence of a witness and the declaration will be binding on the signer as would an oath of office. (See Appendix B, Declaration of Faithful Intent.) [Res. 170119 (01/17/19); Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.250]

Subchapter 3. Voters

9.12.080 Eligible voters.

(a)    Persons eligible to vote in all Tribal elections are those authorized by Article VII, Section 1 of the Constitution and Bylaws of the Puyallup Tribe as amended.

(b)    All eligible persons must be prepared to offer proper identification in order to vote in a Tribal election. Proper identification includes any form of identification issued by the Puyallup Tribe, a state driver’s license, state identification card, student identification card, federal identification card(s), medical identification card, military ID, or an employer identification card.

(c)    If an eligible voter does not possess any of these forms of identification, they may be verified by being personally known to at least three members of the Election Board who are present. Any eligible voter without proper identification not personally known to at least three members of the Election Board may sign a declaration identifying the eligible voter by name, date of birth, and Tribal ID number. The declaration must then be kept and recorded by the Secretary of the Election Board.

(d)    A list of eligible voters and their mailing addresses shall be provided by the Enrollment Department. [Res. 0404A (04/04/19); Res. 170119 (01/17/19); Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.310]

9.12.090 Disabled voter.

If by reason of blindness, illiteracy, or for some other reason a voter needs someone to read or explain the ballot to him or her and assist in marking his or her ballot, said assistance shall be rendered and/or witnessed by a recognized family member, a guardian, or an election judge. [Res. 260214D (02/26/14); Res. 130691 (6/13/91); prior code § 9.03.320]

9.12.100 Appeal by disqualified voters.

Any voter whose name does not appear on the eligible voters list may petition the Election Board, regarding his or her right to vote, not later than 10 business days before the scheduled election. The decision of the Election Board shall be made not more than five business days before the scheduled election and may be appealed to the Tribal Council whose decision shall be final. [Res. 170119 (01/17/19); Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.330]

Subchapter 4. Elections

9.12.110 Declaration of candidacy.

All persons desiring to run for membership on the Tribal Council or for other elected Tribal office shall file a notice of candidacy in writing with the Secretary of the Puyallup Tribal Council no later than 12:00 p.m. of the forty-fifth calendar day before the day scheduled for the primary election. Each candidate shall file on his or her own behalf and cannot be nominated by another person. Lists of the candidates for the respective office shall then be posted by the Secretary of the Tribal Council in at least three public places within the Reservation not less than 10 calendar days before the day scheduled for the primary election. [Res. 150120 (01/15/20); Res. 170119 (01/17/19); Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.410]

9.12.120 Permanent Trust Fund Board requirements.

Consistent with Section (B)(1) of Technical Document No. 3 to the Land Claims Settlement Agreement, a person running for Tribal Council shall not run for an elected position on the Trust Fund Board or have their name considered for one of the appointed positions on the Trust Fund Board during the same election in which they are running for a position on Tribal Council. [Res. 260214D (02/26/14); Res. 140300-A (03/14/00); prior code § 9.03.415]

9.12.130 Primary elections.

(a)    During every election cycle, the primary election must be held on the first Saturday in April.

(b)    A primary election will determine the names of two candidates as finalists in the general election for each office vacancy.

(c)    Every primary election shall begin by the Election Board posting copies of this chapter and an eligible voters list in at least three public places within the Puyallup Indian Reservation. Such posting shall occur not later than 30 calendar days before the primary election day. [Res. 170119 (01/17/19); Res. 260214D (02/26/14); Res. 130691 (6/13/91); prior code § 9.03.420]

9.12.140 Determination of finalists.

The two finalists shall be the candidate receiving the most total votes and the candidate receiving the second most total votes cast. Those two finalists shall have their names placed on the general election ballot for one vacancy. Should there be more than one vacancy to be filled, the third and fourth finalists shall be posted for the second vacancy and so forth until there are two postings for each vacancy. [Res. 260214D (02/26/14); Res. 130691 (6/13/91); prior code § 9.03.430]

9.12.150 General election.

(a)    During every election cycle, the general election must be held on the first Saturday in June.

(b)    Every general election for Tribal Council shall begin by the Election Board posting copies of this chapter and an eligible voters list in at least three public places within the Puyallup Indian Reservation. Such posting shall occur not later than 30 calendar days before the general election day. [Res. 170119 (01/17/19); Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.440]

9.12.160 Purpose of general elections.

A general election shall determine the name of the candidate or candidates elected to fill each position. The candidate receiving the most total votes cast shall be declared elected to fill the open position. Should more than one position be open, the candidate receiving the second most total votes cast shall be declared elected to fill the second open position. This procedure shall be continued in that priority order until all open positions are filled. [Res. 260214D (02/26/14); Res. 130691 (6/13/91); prior code § 9.03.450]

9.12.170 Ties.

(a)    In the event of a primary election tie for most total votes received, or one candidate receives the most total votes and several candidates tie for the second most total votes cast, then all final candidates in such tie shall have their names placed on the general election ballot.

(b)    In the event of a general election tie for a position the Election Board shall conduct a special runoff election limited to the tied candidates only, not less than 30 nor more than 45 calendar days from that general election date. [Res. 260214D (02/26/14); Res. 130691 (6/13/91); prior code § 9.03.460]

9.12.180 Vacant positions with different term lengths.

In the event there are vacant positions for different lengths of term, the candidate receiving the highest total of votes shall be elected to that position which has the longest term. The remaining position or positions with differing term lengths shall be filled by those candidates receiving the next highest total of votes in descending order until all positions are filled. [Res. 260214D (02/26/14); Res. 130691 (6/13/91); prior code § 9.03.470]

9.12.190 Special elections.

Special elections may be called from time to time by the Tribal Council:

(a)    The Tribal Council shall transmit a Council Determination Report (“CDR”) calling the special election to the Election Board and the Tribal Law Office within three calendar days.

(b)    Within 10 calendar days of the CDR, the Tribal Law Office shall coordinate with the Election Board to prepare an informational document regarding the reason for the special election, and the Election Board shall prepare a ballot with instructions.

(c)    The Election Board shall prepare the list of eligible voters in coordination with the Enrollment Office.

(d)    Special elections shall be conducted by absentee ballot in accordance with PTC 9.12.300 and 9.12.310.

(e)    All special elections shall be completed within 45 days from the date the special election was called unless the Election Board determines otherwise. [Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.480]

9.12.200 Place and time of elections.

All elections shall be held at a place designated by the Tribal Council. Notice of such location shall be sent pursuant to the requirements of PTC 9.12.050. The polls shall open on election day at 10:00 a.m. and close at 4:00 p.m. [Res. 260214D (02/26/14); Res. 140300-A (03/14/00); Res. 080596 (05/08/96); Res. 080791 (07/08/91); Res. 130691 (6/13/91); prior code § 9.03.490]

9.12.210 Electioneering and politicking.

(a)    No person shall perform any electioneering or politicking up to seven calendar days before the primary election day or general election day within the designated “no campaign” zone or obstruct the entries thereto or prevent anyone from freely entering or leaving the polling place or building. The “no campaign” zone shall be recommended by the Election Board, approved by the Tribal Council and signs will be posted at the boundary of the “no campaign” zone.

(b)    No person shall engage in politicking on Tribally owned or operated property during regular business hours as defined by each Tribal entity. If no regular hours are posted or specifically defined by the Tribal entity then the assumed hours of operation will be Monday through Friday, 8:00 a.m. to 5:00 p.m. Tribally owned property includes the premises of the Puyallup Tribal Housing Authority, Chief Leschi School, Puyallup Tribal Youth Center, Puyallup Tribal Health Authority, other Tribally owned businesses, buildings, or entities, and any rights-of-way maintained by the Tribe or any other locations designated by the Tribal Council.

(1)    Tribally owned property shall not be interpreted to mean individual Tribal members living on     any Tribal trust property.

(2)    Politicking on Tribal property may be permitted after regular business hours at Tribally owned properties that are commonly used for public gatherings, so long as all usual procedures for reserving and utilizing such property are followed.

(c)    Any person violating the provisions of this section shall be issued a citation by Puyallup Tribal Law Enforcement or referred to the Prosecutor’s Office.

(d)    Standard sized bumper stickers may be placed on personal vehicles without violating this section. [Res. 170119 (01/17/19); Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.495]

Subchapter 5. Voting and Counting of Ballots

9.12.220 Voting procedure.

Prior to opening the polls, the Election Board shall open and inspect the ballot box to determine that it is empty or, if using a voting machine, verify that it is functioning properly. The ballot box or voting machine shall then be locked and remain locked until it is time to count the votes. The election officials shall verify that the name of each voter is on the eligible voters list. Each voter shall sign his or her name on the line opposite his or her name on the eligible voters list. The voter shall then receive an official ballot. A suitable polling place shall be provided the voter where he or she can mark the ballot. He or she shall then directly place the ballot into the ballot box or voting machine or hand it to an election judge who will place it directly into the ballot box or voting machine. [Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.510]

9.12.230 Counting of ballots.

(a)    Immediately upon closing of the polls, the Election Board shall count all ballots cast, including absentee ballots. The Election Board shall declare the following ballots invalid and not counted:

(1)    Ballots improperly marked by more than the specified number of votes allowed will be declared invalid and shall not be counted;

(2)    Absentee ballot envelopes containing more than one ballot;

(3)    Duplicate ballots; and/or

(4)    Any other ballot other than the one official ballot approved by the Board.

(b)    Defective ballots shall be reviewed by the Election Board and counted when the Election Board determines that the ballot unambiguously indicates the voter’s selection.

(c)    Tribal Council members and candidates for an open position are permitted to observe the counting of the ballots. [Res. 260214D (02/26/14); Res. 130691 (6/13/91); prior code § 9.03.520]

9.12.240 Certification of election.

Once an accurate count has been obtained the members of the Election Board shall sign an official certification of election results. [Res. 260214D (02/26/14); Res. 130691 (6/13/91); prior code § 9.03.530]

9.12.250 Custody and destruction of ballots, sign-in book, and absentee requests.

After the certification of election the ballots shall be delivered to the Chief of Police, or his or her designated representative, for safekeeping. The ballots shall be retained by the Police Department for no less than 60 days from the date of certification of election results by the Board. At the expiration of the 60 calendar days the Chief of Police, or the designated representative, with the approval of the Tribal Council, may destroy the ballots. The Chief of Police or the designated representative shall certify to the Election Board that the ballots have been destroyed within 10 days.

The Election Board may destroy the sign-in book, returned mail and absentee requests 60 days after the election has been certified. Prior certifications of elections, voter lists and final determinations of election challenges shall be kept on file and retained indefinitely. Correspondence and other documents shall be maintained in accordance with the Tribe’s record retention policy. [Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.540]

9.12.260 Publication of election results.

Immediately following the election certification, the Election Board shall deliver election results to the Chief of Police, or the designated representative, for answering inquiries. All election results shall be posted in at least three public places on the first working day following each election. [Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.550]

Subchapter 6. Absentee Voting

9.12.270 Eligible absentee voters.

Any Tribal member who is an eligible voter may vote by absentee ballot. [Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.610]

9.12.280 Absentee ballot request.

(a)    Each absentee voter shall be issued one absentee ballot, provided he or she mails a signed written request addressed to the Election Committee’s post office box. Requests shall be on a form provided by the Election Board.

(b)    Each request shall include a valid return address. If no return address is included with the absentee ballot request, an absentee ballot shall not be provided. The Election Board shall not be responsible for a voter’s failure to provide a valid mailing address.

(c)    Absentee ballot requests must be received no later than 9:00 a.m. on the date designated by the Election Board in its notice of election. The date designated by the Election Board shall be set at least 15 calendar days before the election is called. All requests shall remain in the designated post office box until 9:00 a.m. of the date designated by the Board. The absentee ballot requests will then be collected by a minimum of four members of the Election Board. All mailed requests received in the post office box after 9:00 a.m. on the date as specified by the Board shall be void. [Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.620]

9.12.290 Exceptions to requirements of voting by absentee ballot.

The Election Board, by majority vote, may waive those requirements of voting by absentee ballot on a case-by-case basis. This section is for the purpose of allowing an eligible voter to vote by absentee ballot after the deadline date for submitting an absentee ballot request due to an unforeseen emergency that necessarily prevents him or her from voting in person or in some other way interferes with her or his right to vote by absentee ballot. No other exceptions shall be made to the requirements for voting by absentee ballot. [Res. 260214D (02/26/14); Res. 200598 (05/20/98); Res. 130691 (6/13/91); prior code § 9.03.630]

9.12.300 Voting procedure for absentee ballots.

A stamped pre-addressed outer envelope with an assigned unique identification number together with an inner envelope marked “ABSENTEE BALLOT” shall be provided by the Election Board. The absentee voter shall mark the ballot, place it in the envelopes provided and mail them directly to the post office box acquired specifically for absentee ballots. All absentee ballots shall be cast by mail and completed absentee ballots must be received in the post office box no later than 8:00 a.m. on the morning of each election day. All absentee ballots shall remain in a locked post office box until 8:00 a.m. on the morning of the election day and will then be collected by at least four members of the Election Board. All absentee ballots received in the post office box after 8:00 a.m. on each election day shall not be counted. No exceptions shall be made to the requirements for absentee voting except as set forth in this chapter. [Res. 260214D (02/26/14); Res. 260313E (03/26/13); Res. 080596 (05/08/96); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.640]

9.12.310 Verification of absentee voters.

The Election Board shall verify those members who voted by absentee ballot by matching the identification number of the returned envelopes to the voters list and indicating the person voted absentee. Once verified, the ballots shall be kept in a locked location and shall be counted after the polls close. All returned envelopes without the required identification number as provided by the Board for verification shall be declared invalid and not counted. Hand-delivered absentee ballots will not be accepted. [Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.650]

9.12.315 Walk-in voters who voted absentee.

If a voter wishes to vote in person on any election day but submitted a completed absentee ballot, the Election Board shall verify that the absentee ballot was received and advise the voter that the absentee ballot will be destroyed after the voter submits his ballot. [Res. 260214D (02/26/14)]

Subchapter 7. Miscellaneous

9.12.320 Disruption of election process.

No unauthorized person shall participate, mingle with or otherwise disturb the Election Board when the Board is in session and carrying out its official duties, including the counting of the ballots. The Election Board may, if necessary, request the presence of Tribal Police to ensure the orderly conduct of the election. No re-entry shall be permitted once a voter has exited the premises. Voter’s assistants may re-enter to cast their vote or to assist another voter. [Res. 260214D (02/26/14); Res. 130691 (6/13/91); prior code § 9.03.710]

9.12.330 Protests.

Protest of an election by a qualified voter of the Tribe shall be filed in writing with the Chairperson of the Election Board in care of the Puyallup Tribal Council at 3009 E. Portland Avenue, Tacoma, WA 98404, no later than 5:00 p.m. on the third working day following the date of certification of election results by the Election Board. All written protests shall be signed by the protester and include substantiating proof and evidence. All protests shall be reviewed by the Tribal Council which shall render its decision not later than five working days after the date that the protest was filed. Any Council member running for re-election is disqualified from participating in a decision regarding an election in which he or she was a candidate. The decision of the Council regarding an election protest shall be final and not subject to appeal. [Res. 260214D (02/26/14); amended during 2010 recodification; Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.720]

9.12.340 Wrongful conduct.

The following activities are prohibited and may be punishable as a criminal offense under PTC 5.12.1340 and also may result in other charges:

(a)    To give or promise any money or other remuneration to any person for the purpose of influencing that person’s vote at any Tribal election, except it shall not be unlawful for any candidate to provide transportation to the polling place for any voter unless such transportation is conditioned upon on securing a vote;

(b)    To force, threaten, deceive, bribe or coerce another voter, either directly or indirectly, to influence a person’s vote in any election;

(c)    To threaten a voter or a voter’s family member will or may suffer financial, employment-related, bodily or other injury to influence that person’s vote in any election;

(d)    To threaten an employee with dismissal from employment, reduction in pay, disciplinary action, loss of seniority, transfer, or less favorable working conditions, for the purpose of influencing such employee’s vote in any election;

(e)    To influence or attempt to influence an Election Board member, Law Enforcement Officer in the performance of his/her official duties by means of bribery, force, threat, or promise of any nature;

(f)    To sign any name other than the voter’s own to an absentee ballot, except in a circumstance where he/she signs for a person in the presence of and at the specific request of such person who is incapable of signing his/her own name because of physical infirmity; or

(g)    To submit more than one ballot per election for the same voter. [Res. 260214D (02/26/14); Res. 070396C (03/07/96); Res. 130691 (6/13/91); prior code § 9.03.730]

9.12.350 Conflicts of interest.

Election Board members shall not participate in any action involving his/her spouse or domestic partner, son, daughter, sister, brother, mother, father, or grandparent(s) when performing official Board duties.

Said member shall recuse him/herself from any Election Board meeting when any matter where he/she is disqualified is reviewed. The record shall note this. The member may be counted present for the purpose of constituting a quorum. A member’s vote shall be voided when the member is conflicted and does not recuse him/herself from voting. Intentional noncompliance shall constitute misconduct and the member may be removed from the Election Board by a majority vote of the Election Board, subject to approval by Tribal Council. [Res. 260214D (02/26/14)]

9.12.360 Enforcement.

(a)    The Election Board is authorized to conduct, or have conducted on its behalf, any investigation it deems reasonable and necessary to carry out its obligations set forth in this Code.

(b)    Puyallup Tribal Law Enforcement may enforce provisions of this Code and may cite violators pursuant to this Code, or other applicable Tribal laws.

(c)    The Tribal Prosecutor has discretion to charge violators of this Code or other applicable Tribal laws. [Res. 260214D (02/26/14)]

9.12.370 Severability.

If any provision of this chapter or the application of it to any person or circumstances is held invalid, this chapter shall be given effect without the invalid provision or application and, to this end, the provisions, sections and subsections herein are declared to be severable. [Res. 260214D (02/26/14); Res. 130691 (6/13/91); prior code § 9.03.740. Formerly 9.12.350]

9.12.380 Repeal of prior acts.

All provisions of any Tribal ordinance, resolution or regulation previously enacted or adopted by the Puyallup Tribe of Indians and its Tribal Council that are inconsistent with this chapter are hereby repealed. [Res. 260214D (02/26/14); Res. 130691 (6/13/91); prior code § 9.03.750. Formerly 9.12.360]

9.12.390 Effective date.

The ordinance codified in this chapter shall become effective on February 15, 2019. [Res. 170119 (01/17/19); Res. 260214D (02/26/14); Res. 130691 (6/13/91); prior code § 9.03.760. Formerly 9.12.370]

Appendix A Sample Ballot.

SAMPLE BALLOT

MARCH 31, 2018

YOU MUST SELECT ONLY ONE OF THE CANDIDATES LISTED BELOW. PLEASE MAKE YOUR CHOICE BY MARKING THE BOX OPPOSITE THE NAME OF THE PERSON FOR WHOM YOU ARE VOTING. IF MORE THAN ONE BOX IS MARKED THE BALLOT WILL NOT BE COUNTED.

JOHN DOE PUYALLUP........................................

NICHOLAS NISQUALLY.......................................

WILL MUCKLESHOOT.........................................

LEWIS LUMMI......................................................

CHARLES COLVILLE..........................................

[Res. 170119 (01/17/19); Res. 260214D (02/26/14); Res. 130691 (6/13/91)]

Appendix B Declaration of Faithful Intent.

DECLARATION OF FAITHFUL INTENT

I do hereby solemnly declare that I will support the Constitution and laws of the Puyallup Tribe of Indians and that I will, to the best of my ability, faithfully discharge the duties of an official election judge for all Tribal elections that may take place during my term.

Signature: ____________________________________

Signed in the presence of: __________________________ on ________________, 20___.

WITNESS:

___________________
___________________
[Printed name]

[Res. 170119 (01/17/19)]

Appendix C Declaration of Identity.

DECLARATION OF ________________________

I __________________________, declare that the following identification is true and correct regarding my identity to vote pursuant to Section 9.12.080 of the Election Code.

1.    My full name is: ________________________________________.

2.    My date of birth is: ______________________________________.

3.    My Tribal Identification Number is: __________________________.

4.    My address and phone number are:

__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________.

I swear under penalty of perjury that the information provided is true and correct to the best of my ability.

Date:

    ___________________________
    [Declarant]

    ___________________________
    [Printed Name]

[Res. 0404A (04/04/19)]