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have an address on file with the enrollment office. The Election Director shall maintain certified signature cards and signature affidavits in a permanent file. Signature cards and signature affidavits must contain the name that appears on the Tribal Roll of the member submitting the card, and are valid only for the person using that name. Upon any legal change of name (for example, marriage, divorce, legal name change), the change must be submitted to the enrollment office and be approved by Tribal Council, at which time a new signature card affidavit must be submitted to the Election Director. A new signature affidavit must be completed also if the voter's handwriting changes substantially for any reason. Upon receipt of a new affidavit, the old signature card or affidavit shall be destroyed. (c) Ballots. The ballot shall consist of a paper ballot which meets the requirements of §2.44 of this ordinance, an instruction sheet, an inner envelope, an outer envelope and a return envelope with the address printed on it. (d) Voting Procedure. When voting, the voter shall mark the ballot and place it in the inner envelope and seal it. The inner envelope shall then be placed inside the outer envelope and sealed. The outer envelope shall be signed by the voter. It shall then be returned to the Election Director in the return envelope. (e) Returns. The Election Director shall compare the signature on the outer envelope with the signature on the application. If the signatures match, the outer envelope shall be opened and the inner envelope shall be deposited in the locked ballot box. If a ballot is rejected because the signatures do not match, or for some other reason, the Election Director shall attempt to contact the voter to submit a correct ballot. In the event that a ballot is rejected because of an improper signature, the outer envelope shall not be opened. The entire rejected ballot shall be deposited in a separate, secure, fire proof box. The Election Director shall be the only person authorized to have access to the ballot box. (f) Rejected Ballots. At the closing of the polls in Siletz, the Election Director shall open the rejection box and allow any interested tribal voter to challenge the rejection of any ballot. The decision of the Election Director shall be final, subject to review by the Tribal Court. If a challenge is granted, the outer envelope shall be opened and the inner envelope deposited in the absentee ballot box in the same manner as other absentee ballots. Unchallenged rejected ballots shall be destroyed, unopened, after the election has been certified, and the time for appeal of the election has run. PART II T R IB A L C O U N C I L §2.46 CANDIDATES (a) Qualifications. Any duly enrolled member (as defined above) who will be 18 years of age or older on the first Saturday in February and who has never been expelled in accordance with Article VII, Section 4, of the Siletz Constitution, is qualified to be a candidate. (b) Filing. Candidates must file statements of their candidacy with the Election Director not later than 4:00 p.m. on tho loot a date which is at least 45 working days in October prior to the election date for the office which the candidate seeks to fill, on a form to be provided by the Election Director. The form must be filled out in full and signed and received by the Election Director (Siletz Tribal Office, Post Office Box 549, Siletz, Oregon 97380 or the official Post Office Box of the Election Director) no later than 4:00 p.m. on the day that it is due. Forms may be obtained by writing to the Election Director at the above addresses. The Election Director shall communicate the list of official candidates to the Election Board within 24 hours of the closing date for filing statements of candidacy. (c) Review by Election Director. The Election Director shall review the application and notify the applicant of any disqualifications within 4© 5 days after the filing deadline in older to give the candidate opportunity to appeal in writing as to the reason for disqualification. The Election Director shall then review all applications and responses and determine which candidates meet the qualifications. The Election Director shall post a list of certified candidates in the Portland, Siletz, Salem and Springfield tribal offices no later th n n a o dnyn after tho filing deadline within 2 working days of certification. (d) Write-In Candidates Prohibited. No write in candidates shall be allowed. (e) Notice of withdrawal from candidacy shall be filed with the Election Director no less than 4© 45 days prior to the election in the form prescribed by the Election Director, and approved by the Election Board Tribal Council. §2.47 Silefy "IfowA Tribal Government Page 14 CERTIFICATION OF ELECTION Election Director, and subsequently the Election Board, shall certify the results of the election ao provided in Part I._ When the period for challenges has lapsed and all challenges have been resolved by the Election Director as provided in Part I, Election Director, and subsequently the Election Board, shall certify the results of the election conducted as provided in Part I. The Election Board shall deliver its certification of the election to the Tribal Chairman. Winning candidates shall take office in accordance with §2.48 of this ordinance. Ballot measures shall take effect in accordance with §§ 2.58 and 2.59 of this ordinance. §2.48 OATH OF OFFICE The Election Board Chairman or his or her designate, shall administer the oath of office to each new Tribal Council member, who shall then begin his or her term of office , within a reasonable period of time following upon certification of the election. No Tribal Council member shall assume office until he or she has taken the oath of office in accordance with this Section. §2.49 TRIBAL COUNCIL MEMBERS AS EMPLOYEES A tribal employee who is elected to the Tribal Council will cease working for tribal government automatically upon taking office. A Tribal Council member who accepts employment with tribal government will resign his or her office before commencing employment. As used in this Section, the term "tribal employee" means a person who is employed by tribal government under the authority of the Chief Executive Officer or the Tribal Chairman on a full-time or part-time basis. Nothing in this ordinance shall prevent an employee from seeking election to the Tribal Council or prevent a Tribal Council member from applying for employment with the Tribe. Failure to resign within thirty (30) days of accepting employment with tribal government shall be deemed neglect of duty/" and -sha l l be grounds for disciplinary action including and up to expulsion from office. PART III IN IT IA T IV E A N D R E F E R E N D U M §2.50 TYPES OF ACTION (a) Initiative. Tribal voters may initiate legislation by filing an initiative petition with the Election Director, which complies with the requirements of this ordinance. Upon the receipt and validation of a properly certified and completed petition, an election will be held on the proposed measure in accordance with the procedures set forth in this ordinance. (b) Referendum by Voters. Tribal voters may refer Tribal Council resolutions or ordinances to a vote of the people by filing a referendum petition with the Election Director under the requirements of this ordinance. Upon the receipt and validation of a properly certified and completed petition, an election will be held on the referred measure in accordance with the procedures set forth in this ordinance. (c) Referendum by Tribal Council. The Tribal Council may, by two-thirds vote of all its members, refer a measure to the voters. The motion shall be made at the time of adoption of the measure, and the measure shall not go into effect until it is adopted through an election held in accordance with the procedures set forth in this ordinance. (d) Recall. Tribal voters may initiate the recall of one or more Tribal Council members by filing a recall petition with the Election Director, which complies with the requirements of this ordinance. Upon the receipt and validation of a properly certified and completed petition, an election will be held on the proposed recall in accordance with the procedures set forth in this ordinance. §2.51 PETITION REQUIREMENTS (a) Sponsor. Each petition must have at least one sponsor with whom all correspondence and communication with the Election Director shall take place. The sponsor(s) must be a tribal member eligible to vote and his or her name must appear on each petition signature page along with mailing address and phone number. (b) Purpose and Measure. Each petition signature page other than a recall petition, must contain the statement that "THE PURPOSE OF THIS PETITION IS TO HAVE A GENERAL COUNCIL ELECTION ON THE FOLLOWING MEASURE" followed by, in the case of a referendum, the number and date of adoption of the measure to be referred, and a summary of it. In the case of recall petitions, each signature page must contain the following statement "RECALL PETITION FOR TRIBAL COUNCIL MEMBER". In addition, each signature page on every petition must show the date of certification of the petition by the Election Director. Each petition signature page must have attached to it a complete copy of the proposed continued next page
