The purpose of this chapter is to effectively regulate the conduct of Tulalip Tribal Board of Directors and Commission elections in accordance with the Tulalip Tribes Constitution and Bylaws and other applicable law.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
(1) 
The Tulalip Tribes Board of Directors will appoint by resolution an Election Committee whose duties will include, but are not limited to:
(a) 
Administering and conducting elections within the Tulalip Tribes boundaries in a manner that will ensure fair and honest elections;
(b) 
Creating for distribution to the General Council the notice of election(s);
(c) 
Publicly posting and distributing the list of qualified candidates for upcoming elections;
(d) 
Recording of petitioners, absentee ballots, election results, and related documents;
(e) 
Ensuring that elections are conducted fairly and are within the requirements of the Constitution and Bylaws;
(f) 
Safekeeping of election documentation, materials and results;
(g) 
Working closely with various Tribal departments or entities;
(h) 
Being impartial and unbiased;
(i) 
Maintaining confidentiality;
(j) 
Facilitating filing of vacant Commission positions in accordance with applicable law;
(k) 
Announcing the winners of the Commission and Board Election positions; and
(l) 
Board Elections. The Election Committee will facilitate the elections for seated positions, which include: Chair, Vice Chair, Secretary and Treasurer.
(2) 
The Election Committee shall consist of:
(a) 
Eight (8) adults 18 years or older who are Tulalip Tribal members appointed by the Board of Directors;
(b) 
The Tulalip Tribes' Chief Financial Officer and/or the Chief Judge of the Tribes or their appointee shall serve as an ex-officio member.
(i) 
Chief Financial Officer or appointee will hold and issue absentee ballots.
(3) 
Staff Meetings. The Election Committee will be responsible for the planning, preparation, implementation, and recordation of elections.
(a) 
The Election Committee will schedule two meetings monthly.
(b) 
During the election process, the Election Committee will schedule weekly meetings, or as deemed necessary.
(4) 
Special General Council Meetings. Upon receipt of a Special General Council petition, that has had the number and validity of the signatures verified by the Enrollment Department, the Board of Directors staff shall promptly notify the Election-Committee who shall be responsible for overseeing voting at a Special General Council meeting.
(5) 
Term of Duty. The length of term for any Election Committee member shall be until the election member retires or resigns from the Election Committee, becomes an election candidate, or as determined by a Board of Directors resolution.
(6) 
If a member of the immediate family of the Election Committee accepts a nomination as a candidate, the Election Committee member will refrain from participating in the issuing and handling of ballots for that election cycle.
(a) 
For purposes of this chapter, immediate family shall include an election member's parent, spouse, child, sibling, stepparent and stepchild.
(7) 
Leave. The Tribal Government Employee Handbook governs the use of leave for any Tribal employee elected or appointed to any Tribal commission, committee, or board.
(8) 
Dismissal. Failure to perform the duties and requirements of the Election Committee as described in this chapter or engaging in conduct bringing the Election Committee into disrepute shall be grounds for dismissal from the Election Committee by the Board of Directors.
(a) 
Election members can request a hearing with the Board of Directors in the event they are dismissed for cause.
(b) 
The Board of Directors resolution or determination after hearing regarding the dismissal shall be final, and the dismissed Election Committee member shall not be eligible for reappointment to the Election Committee.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
The Election Committee is empowered to facilitate and run each election. When working on specific elections, the committee members shall be deemed "Election Workers."
(1) 
Election Workers are required to work from 8:00 AM-4:30 PM. If their work time needs to be modified, the Election Chair will be notified and provide approval.
(2) 
Election Workers shall submit an invoice for time worked to finance for payment for hours worked, if they are not already employed by a tribal entity.
(3) 
Election Workers that are employed with a tribal entity are required to utilize approved leave from their existing employment in order to work as an Election Worker on approved days.
(Res. No. 2026-021, 1/16/2026)
(1) 
The Tulalip Tribes Board of Directors shall designate the time and place of voting in accordance with the Tulalip Tribes Constitution and Bylaws.
(a) 
Commission Elections. Polls will be open for one day from 7:00 AM-1:00 PM.
(b) 
Board of Directors Election. Poll will be open for two consecutive days: Day 1 from 11:00 AM-6:00 PM and Day 2 from 7:00 AM-1:00 PM.
(2) 
Once the polls are open, they shall remain open until closing, unless an unforeseen emergency arises as determined by the Election Committee which requires the polls to close.
(3) 
An eligible voter is a live Tulalip Tribal member over the age of 18 on the date designated by the Board of Directors for voting. For the Elders Commission election, an eligible voter is a live Tulalip Tribal member who is 50 years of age and over on the day designated by the Board of Directors for voting.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
An eligible voter may sign only one Board of Directors petition and one commission position per commission during the election period. The period to submit a petition will be 10 consecutive days.
(1) 
A petition containing no less than 25 signatures of legal voters shall be required in order to be accepted for nomination as a candidate for the Board of Directors. If there are duplicate signatures on petitions, the petition received first is the one that will be honored as valid signature, voiding any signatures received on any additional ballot.
(2) 
A petition containing no less than five signatures of legal voters shall be required in order to be accepted for nomination as a candidate for a Committee, Commission or Advisory Board.
(Res. 2017-256; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
(1) 
Affidavit of Residency. For Board candidates and other positions where residency is required, the petitioner will swear to this when they sign their petition to be a candidate. The candidate shall have the burden of proof in establishing residency, if any questions arise.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
The Office of Reservation Attorney shall conduct criminal background check(s) on all candidates and shall forward the results to the Election Committee. After receiving the background check results, affidavit of residency and other information relevant to candidate eligibility, the Election Committee shall certify all candidates eligible for the election.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
(1) 
Election Notices. A notice containing the list of certified qualified candidates shall be posted at a minimum of two weeks prior to the Election Day, as stated in the Bylaws; with a notice mailed through the Tribal mailing list.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
Candidates for the Board of Directors shall be required to meet all qualifications set forth in the Tulalip Constitution and Bylaws, Article II.
Commission candidates shall be required to meet all qualifications set forth in the laws governing the commission.
Committee candidates shall be required to meet all the qualifications set forth in the laws governing the committee.
The Election Committee shall review the qualifications of any individual seeking to be placed on the ballot as a candidate for the following positions the Tulalip Tribes Board of Directors, or a Commission or Committee. The Election Commission shall determine and verify the eligibility of all applicants prior to be being placed on the applicable upcoming ballot as a candidate.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
(1) 
Background Check. If a potential candidate does not meet the criteria to be a candidate based on the results of a criminal background check, or they fail to meet other required criteria, the Election Committee will issue a written letter to the disqualified candidate by certified mail advising them that they have been denied certification as a candidate, the reasons therefor, and that their name will not appear on the ballot. The Election Committee will also attempt to contact the disqualified candidate by telephone to notify the candidate and inform them of the notice of candidate certification denial letter being mailed.
(a) 
Appeal of Certification. Any person(s) denied certification as a candidate by the Election Committee must be notified of certification denial as soon as possible and shall have five days from the date of such notice to appeal to the Board of Directors. Upon receipt of a timely appeal, the Board of Directors shall review the appealed denial of the disqualified candidate and make a final determination, which shall not be subject to further appeal. If the appeal relates to candidacy for the Board of Directors, only Board members who are not candidates in the election shall participate in the appeal.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
Qualified candidate(s) must file a written notice with the elections office if that candidate chooses to withdraw from the upcoming election. If such notice is filed prior to the submittal of the ballots for printing, the candidate(s) name will not be placed on the ballot. If the notice is filed after the ballot is printed, notice will be posted on the election date that the candidate has chosen to withdraw their name from the election.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
If a deceased candidate wins election to a position for office on Election Day, the Board of Directors will be notified by an Election Committee member and the candidate receiving the next highest number of votes shall be declared as the winner.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
(1) 
Campaigning will not be allowed at the polling place, or within a 630 foot radius of any designated voting location. No person(s) shall be permitted to loiter in the polling area.
(2) 
Electioneering. No person(s) shall solicit, secure or influence voters by any means at the polling place, or surrounding grounds, during voting hours, or be allowed to assemble or solicit votes or support in the same building or grounds the election is being held. No person(s) shall have campaign signs posted within 300 feet of a polling location.
(3) 
Any person(s) observed or reported to be campaigning or electioneering may be asked to leave the polling area by a Tulalip Tribes Police Officer, or a member of the Election Committee.
(4) 
Candidates who are employed by the Tulalip Tribes or Tulalip Tribes entity shall not campaign or gather petition signatures during their regular work hours unless the candidate has utilized annual leave or unpaid leave to do so.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
Voters shall be permitted to vote by absentee ballot in accordance with the absentee ballot procedures as stated in the elections standard operating procedures. Voters choosing to vote by absentee ballot must submit written request to the Election Committee, and instructions for the requirements of completing and submitting the absentee ballot will be provided to the voter.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
The Election Committee shall manually reconcile the total number of voters as marked on the voter's list, or entered onto the computer, with the total amount recorded by the ballot machine, voids and absentee. These totals must agree. If the totals do not agree, it is the duty of the Election Committee to manually recount the ballots, review for inconsistency, and verify the totals.
The Election Committee shall separately record the total number of:
(1) 
Absentee ballots;
(2) 
Regularly cast ballots;
(3) 
"Void" ballots.
When the totals are reconciled and agreed upon by the Tulalip Tribes Chief Financial Officer and Election Committee, the results will be forwarded immediately to the Board of Directors who shall certify the election results.
The results will be posted at the Administration Building, and be forwarded to the See-Yaht-Sub for publication.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
In the event of a tie vote between two or more qualified candidates, and where such tie must be resolved to determine the winning candidate, the Election Committee shall notify the Board of Directors. The following procedure shall determine the winner:
(1) 
Tie of Two.
(a) 
The tie shall be decided by a flip of a coin administered by the Election Committee.
(i) 
The Sergeant-at-Arms will flip the coin. The coin will be shown on cameras to verify the Head and Tail on the provided coin.
(ii) 
The eldest of the candidates will call head or tails. If the candidate(s) are not present the Board will designate an elder(s) present at the meeting to call the head or tails on behalf of the eldest of the candidates.
(iii) 
Whoever wins the toss will be deemed the winner.
(2) 
Tie of Three or More.
(a) 
The tie shall be decided by pulling the name(s) from a basket and will be conducted by the following process:
(i) 
Each name will be written on a piece of paper by the Election Committee.
(ii) 
The Chair will designate a Board Member to read each name that is placed in the basket. The Board Member will show each name to the cameras recording the meeting prior to placing the names into the basket.
(iii) 
The Sergeant-at-Arms will pull the name(s) and give them to the designated Board Member to read out loud during the meeting, who will then show the cameras recording the meeting each name(s) pulled from the basket.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
A machine recount will be immediately conducted whenever the difference between a winning and losing candidate is one vote or a tie, if the candidate that lost by one vote requests such a recount. The recount must be done before the election results are certified.
(1) 
Board of Directors Election. The recount for a Board of Directors election will occur prior to the commencement of the vote for officers of the Board of Directors.
(2) 
An election recount will occur before the adjournment of the meeting. In situations where a recount is mandated or requested, the Election Committee shall recount the voted ballots immediately, by machine. If the recount vote tally is the same as original vote tally, the original election vote tally shall be final. If the recount results are different from the original vote tally and the difference affects the election outcome, an additional recount shall be conducted, by the machine and hand count. The Election Committee shall then certify the election results when a final vote count can be verified by a recount showing the same results as a prior count.
(Res. 2014-509; Res. 2022-028; Res. No. 2026-021, 1/16/2026)
When a vacancy on the Board of Directors occurs, the Board retains the authority to fill the vacancy until the next election as consistent with the Constitution and Bylaws. If an elected commission vacancy occurs, the vacancy will be filled by the process designated in the commission's ordinance and/or governing documents. The commission appointee is to only complete the term for that commission position the appointee filled. In the event a commission vacancy occurs:
(1) 
The Election Committee will review the results and recommend the name of the highest runner-up of the vacant term's year of election. If no candidate is available, the Election Committee will review up to three years back or forward from the vacant term's year of election if necessary.
(2) 
The Election Committee will submit the names to the Board of Directors for their direction.
If no runner-up candidate is available, the Elections Committee can release an advertisement requesting a letter of interest to the Board of Directors to fill the remaining vacant term. The Election Committee is to be responsible for coordinating the receipt of the letter of interest with delivery to the Board of Directors for elected positions only.
(3) 
As an alternative to filling a vacant commissioner position, the term can remain open until the next commission election at the discretion of the Board of Directors.
(4) 
A new background check shall be completed at the time of appointment for a vacancy.
(Res. 2022-028; Res. No. 2026-021, 1/16/2026)
After a candidate is elected or appointed they must be sworn in before they can start their duties and be paid. This will happen at the next regular or special Board meeting or by scheduled appointment with the Chairperson of the Board of Directors and two witnesses.
(Res. 2022-028; Res. No. 2026-021, 1/16/2026)