CONFEDERATED TRIBES of COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE (2026)

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CONFEDERATED TRIBES of COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

TITLE 7- ENROLLMENT, COMMITTEES, ELECTIONS AND REFERENDUMS

CHAPTER 7-3 ELECTIONS

GENERAL PROVISIONS

7-3-1 Purpose and Authority

The purpose of this Chapter 7-3 is to set forth the regulations and procedures

applicable to all tribal government elections, including provisions for the process

of conducting elections as required by CLUSI Const. Art. VIII, Sections 1

through 5.

7-3-2 Election Board

The Election Board is the body responsible for the conduct of all elections

defined by this Chapter 7-3.

(a)

Membership

(1)

The Election Board shall be composed of either five (5) or seven (7)

enrolled Tribal members. All appointees shall be at least eighteen (18)

years of age as of the date of appointment to the Election Board.

(2)

Tribal members may apply for membership on the Election Board

by filling out a Letter of Interest form and providing it to the Chief

Executive Officer. Letters of Interest forms will be kept on file for one (1)

year from the date of submission.

(3)

The Tribal Council shall make all appointments and removals from

the Election Board, with the approval of Tribal Council.

(4)

At the first meeting of the Election Board each calendar year, the

Election Board shall elect from within its membership a Chairperson and

a Vice Chairperson.

(b)

Terms of service

(1)

Election Board members serve a term of four (4) calendar years.

At the discretion of the Tribal Council, an Election Board member may

continue to serve after the expiration of the member’s term until the

member’s position has been filled.

(2)

The terms of incumbent Election Board members will be

staggered per 7-5-5 section c of the General Committee Code 7-5.

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(3)

Election Board members must apply in order to be reappointed.

Election Board members may not serve more than two consecutive terms,

unless the Tribal Council concludes that circumstances warrant appointing

a member for additional consecutive terms.

(4)

At the conclusion of an Election Board member’s service for

whatever reason, the Election Board member shall deliver to the

Election Board Chairperson all documents or other items in the Election

Board member’s possession that were obtained in connection with their

service on the Election Board.

(c)

Qualifications of Membership

In appointing Election Board members, the Tribal Council Chairperson may

consider the following criteria, in addition to any other criteria the Tribal

Council deems relevant: Whether the applicant

(1)

Is an enrolled Tribal member;

(2)

Demonstrates skills and ability relevant to the Election Board’s

work;

(3)

Possesses relevant education, training, or work experience;

(4)

Represents a particular constituency of the Tribes;

(5)

Brings perspective or experience that will contribute to the work of

the Election Board; and

(6)

Demonstrates commitment to the Election Board’s work through

regular attendance at meetings and active participation.

(d)

Duties and Responsibilities

(1)

The Tribal Constitution states that the Election Board shall through

ordinance: “Regulate campaign activities, election procedures, voting

tabulations, and candidate certification. The board shall adopt regulations,

which shall be effective upon ratification by the tribal council. Such

regulations shall not be amended within sixty (60) days of any tribal

council election.” CLUSI Const. Art. VIII, Section 4(b).

(2)

It is the duty and responsibility of the Election Board to ensure that

the rules and regulations set forth in the CLUSITC Chapter 7-3 are

complied with, and to immediately bring to the attention of Tribal Council,

via electronic communication any non-compliance or election process

challenges that the Election Board may need assistance with.

(e)

Election Board Meetings

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(1) The Election Board shall meet quarterly each year in the months of

January, April, August and November, or more often if needed. During a

Tribal Council Election Process, meetings will be required in February

and March. All meetings shall be held during the first week of each

month.

(2) At least one (1) Annual Meeting will be hosted by the Board to

seek input from the General Membership.

(3) Prior to any election, the Election Board shall meet in a timely

manner as often as is required to ensure that the process for any

election meets deadlines, is done in an orderly manner and follows

regulations.

(4) The Tribal Council may request the Election Board to meet at any

time, with reasonable notice.

(5) The Election Board Chairperson or acting Chairperson may call an

Election Board meeting.

(6) Election Board members shall attend all Election Board meetings

unless they give reasonable written or verbal notice of the absence to

the Election Board Chairperson prior to the meeting. More than three

unexcused absences may be grounds for removal.

(7) The meetings of each Election Board meeting shall be recorded by

the Election Clerk or a person designated by the Election Clerk; The

written minutes shall be made available to Tribal Council. In addition, at

the request of the Tribal Council Chairperson, the Election Board

Chairperson or Vice Chairperson shall report to Tribal Council on its

activities.

(f)

Confidentiality Statement

Election Board members must sign a confidentiality statement in the form

provided by the Tribes before they may take the oath of office.

(g)

Oath of Office

Election Board members shall assume their duties and obligations under this

Code upon written appointment by the Tribal Council. At the next scheduled

Tribal Council meeting following the written appointment, the Tribal Chief shall

administer a Ceremonial Oath of Office to each Election Board member. The

Oath shall be as follows:

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“I (name), do solemnly swear that I will uphold the

Constitution and laws of the Confederated Tribes of

Coos, Lower Umpqua and Siuslaw Indians of

Oregon, that I will serve the Tribes to the best of my

ability, that I will work for the entire membership of

the Tribes, that I will carry out the directions of the

Tribal Council, and that I will declare when a conflict

of interest could affect the performance of my duties

on behalf of the Tribes.”

(h)

Vacancies

(1)

Any vacancy shall be filled by appointment by the Tribal

Council by Resolution, for the duration for the unexpired term

within sixty (60) days of the date the vacancy occurred.

(2)

Vacancies occur upon expiration of an Election Board

member’s term, or when an Election Board member resigns for

any reason, is removed or has unexcused absences from three (3)

consecutive meetings.

(3)

No changes to the current board shall be made during any

Election process. In the event of an emergency and inability to

have a quorum emergency appointment by the Tribal Council shall

be made.

(i)

Voting

(1)

Each Election Board member shall have one (1) vote on

each matter. The Election Clerk and/or office staff shall be available

as advisors to the Election Board in a non-voting capacity, other

individuals may be invited, upon the majority vote of the Election

Board prior to any Election Board meeting to provide additional

information or support as necessary.

(2)

Election Board members must be present to vote. No

proxies will be permitted. An Election Board member attending by

telephone, video, internet connection or other means of live

communication is considered present at the meeting.

(j)

Quorum

A majority of the Election board members must be present to constitute a

quorum. An Election Board member attending by telephone, video, internet

connection, or other means of live communication is considered present at

the meeting. Election Board action is valid only when a quorum exists.

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(k)

Conflicts of Interest

Election Board members will adhere to the same conflicts of interest policies as

are applicable to the Tribal Council. Any Election Board member who chooses

to participate as a candidate in any Election during their term must disclose and

recuse themselves from all Board discussions or activity during the election

process.

(l)

Election Board Policies and Procedures

(1)

In addition to any requirements contained in 7-3-2(a) through

7-32(k) above, the Election Board shall develop its own internal

policies and procedures, including, but not limited to, conduct of

meetings, recording of meeting minutes and defining authorities,

duties and responsibilities of the Chairperson and Vice

Chairperson. These shall be reviewed annually and submitted to

Tribal Council as needed.

(2)

Election Board policies and procedures may be incorporated

into the Elections Code at any time upon Tribal Council approval.

(m)

Volunteer Service

(1)

Election Board members are not paid for their service.

Participation is a voluntary contribution to the Tribes.

(2)

Election Board members may be entitled to reimbursement

for travel and per-diem payments specified by Tribal policy.

(n)

Suspension and removal of Election Board members

(1)

The Election Board, with a majority vote may make a

recommendation to the Tribal Council to suspend any Election

Board member from participating on the Election Board for good

cause, immediately and without prior notice, until such time as the

Tribal Council next meets to consider action on the matter.

(2)

The Tribal Council may remove any Election Board

member for good cause.

(3)

“Good cause” for purposes of this Subsection 7-3-2(n)

means: (a) violation of the CTCLUSI Constitution, this Chapter 7-3

or duly approved Election Board policies or procedures; (b)

conviction of a felony or any crime involving dishonesty; (c) any

act or omission constituting a conflict of interest or the appearance

of a conflict of interest in the Tribes’ election process; or (d)

solicitation or acceptance of any gratuity, gift, favor or anything of

monetary value from anyone who has an interest that may be

substantially affected by the performance or nonperformance of

Election Board duties.

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7-3-3 Definitions

(a)

“Duly Enrolled Member” – a person whose name appears on the

official membership rolls of the Tribes or has been certified as a member by

Tribal Council Resolution.

(b)

“Eligible Voters” – Tribal members who are eighteen (18) years of age

or older.

(c)

“Registered Voters” – those Tribal members who have received

a Signature Card as more specifically provided for in CLUSITC 7-3-8.

(d)

“Regular Election” – those elections that are specifically provided for by

the Tribal Constitution on a regular basis, such as the election of Tribal

Council members.

(e)

“Other Elections” – elections or measures requiring voting on recalls,

Special Elections, initiatives, referendums and Constitutional amendments as

provided for by the Tribal Constitution.

(f)

“Statement of Candidacy” – Tribal member who has submitted

a statement of candidacy that has decided to become a candidate in a

Tribal Council Election.

(g)

“Filed Statement of Candidacy” – a Statement of Candidacy that has

been file-stamped received and accepted by the Election Clerk. The receipt of

the Statement of Candidacy shall state, at a minimum, the name of the person

accepting the statement; name, roll number and signature of the person

presenting the statement; and date and time of the filing.

(h)

“Shuffling of Positions” – the submission of a Statement of Candidacy for

a specific position and upon learning of other filings for that same position, the

withdrawal and resubmission of the Statement of Candidacy for another position.

(i)

“Position Statement” – a statement by a Tribal member who has filed a

Statement of Candidacy to participate in any Tribal Council Election process.

This shall be on 8 ½ inch x 11 inch piece of paper, able to use both sides, to

state your position, by written words or approved photos. The Election Board will

approve each Position Statement prior to publication.

(j)

“Visible Signs of Tampering” – a ballot or its envelope that has

obvious signs of alteration, change or destruction of its integrity or secrecy.

(k)

“Election Mailing” - a properly authorized and signed written position

statement submitted by an individual Tribal Member that, complies with all

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requirements for an Election Mailing as defined by this Code, does not contain

language or messages that could be inflammatory, “name calling”, potentially

libelous, or potentially abusive, and that otherwise complies with Tribal law.

(l)

“Election Mailing Author” - the individual Tribal Member that signs the

Election Mailing Submission and signs the Request for Election Mailing

Form.

(m)

“Request for Election Mailing Form” - the form provided by the

Enrollment Coordinator to initiate the process for an Election Mailing

Submission. The Form must be signed and completed in full by the Mailing

Author before a Election Mailing Submission can be processed. The Form will

provide relevant information regarding the number of Tribal recipients

determined to receive a Mailing and any associated.

(n)

Candidate Forums – an option for any Tribal Council election candidate

to participate in, with guidelines established by the Election Board for the

General Council to meet the candidates and hold a question-and-answer

session.

7-3-4 Members’ Voting Rights

Article VIII, Section 1 of the Tribal Constitution states: “All duly enrolled

members of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw

Indians who are eighteen (18) years or older on the date of an election shall have

the right to vote in all tribal elections.”

7-3-5 Voter List

(a)

No later than ninety days (90) prior to any election, the Enrollment Clerk

shall furnish to the Election Board a list of eligible voters, including dates of

birth. The Enrollment Clerk shall also notify the Election Board of any

subsequent additions to the rolls of eligible voters, also deletions, i.e., deaths or

removals, or errors in the previous list timely, as they occur.

(b)

A master list shall be kept by the Election Clerk and any Tribal Members

can contact the Enrollment Department to verify their voter registration

information

7-3-6 Appeals of Eligibility

Any Tribal member who has reason to believe they have not been properly

made a registered voter or have any questions not answered by the Election

Clerk may submit their concerns in writing to be addressed by the Election

Board for the matter to be explored further.

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7-3-7 Ballots

(a)

The Tribal Constitution declares that all elections shall be by secret

ballot and that mail voting may be established by ordinance. CLUSI Const. Art.

VIII, Section 2(a). Mail voting is established as more specifically provided for in

CLUSITC 7-3-25.

(b)

All regular and special elections shall be conducted by mail,

with provisions for secret ballots.

(c)

The Tribal Constitution also provides that members shall have the right to

vote by absentee ballot, which will be conducted in the same manner as the mailin ballots.

7-3-8 Signature Cards

(a)

Voter registration is required. If eligible voters wish to vote, a signature

card bearing two (2) signatures of the voter must be on file with the Election

Board before ballots are mailed out prior to an election, or before voting on

Election Day at the Tribal Hall. The Election Board shall design the card and

determine how the signatures shall be obtained. Signature cards are valid for a

period of ten (10) years from the date of submission; a new signature cards

shall be signed every ten (10) years but can be updated at any time. Any

changes to the Signature Card must be approved by the Board.

(b)

All persons eighteen (18) years of age or older will be furnished with

a signature card in person or by mail, which must be signed as is stated in 73-8(a), and returned to the Election Clerk.

(c)

Tribal members who will turn eighteen (18) thirty (30) days or less prior

to an election may file a signature card prior to their eighteenth (18 th) birthday in

order to meet registration deadlines.

(d)

Upon a legal name change with the Enrollment Department, members

must complete a new signature card including the new legal name to match

your legal name on file. Your name must match the name we have on file in the

ballot verification process.

7-3-9 Election Expenses

Each fiscal year, Tribal Council shall budget in the Elections budget sufficient

funds to pay the cost of tabulating votes, printing ballots, purchasing envelopes,

postage, and other expenses of conducting an election, including candidate

forums. Non-Tribal members working on the election may have their expenses

covered if approved by Tribal Council and not exceeding the budgeted amount.

[Sections 7-3-10 to 7-3-20 reserved for future expansion]

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TRIBAL COUNCIL ELECTIONS

7-3-21 Election of Tribal Council and Tribal Chief Term of Office/Election Date

(a) Article VIII, Section 3, of the Tribal Constitution provides:

(1)

Tribal Council positions shall be designated with the numbers

one(1) through six (6). Each Tribal Council member shall be elected for a

four (4) year term at the appropriate General Council meeting in the year

in which his or her term expires. A system of staggered terms shall be

created. Tribal Council positions 1, 3, and 5 shall be elected in oddnumbered years. Tribal Council positions 2, 4, and 6 shall be elected in

even-numbered years.

(2)

The Tribal Chief shall be elected for a ten (10) year term at the

annual General Council meeting in April, beginning in 1990, and shall hold

office until a successor is elected at the April General Council meeting in

the year in which his term expires.

(b) Therefore, the Election Board must keep track each election year which

positions are open for election and inform the Tribal membership

accordingly.

(c) The Regular Election date is the second Sunday in April of an election

year.

7-3-22 Public Notice of Upcoming Elections

(a) The Election Board must publish in the Tribal Newsletter and post at the

Tribes’ Administrative Building, Tribal Hall, Outreach Offices, on the Tribes’

website and in the office of the Gaming Commission, a notice of upcoming

regular Tribal Council elections. This shall be done no later than one hundred

twenty (120) days prior to the scheduled date of a regular Tribal Council

election.

(b) The Election Board shall post at the Tribes’ Administrative Building,

Tribal Hall, Outreach Offices, on the Tribes’ website and in the office of the

Gaming Commission a notice of an upcoming Special Election, as soon as

practicable after the setting of a Special Election, and in no event later than

fifteen (15) days before the scheduled election. If practicable, the Election

Board shall publish a notice of an upcoming Special Election in the Tribal

Newsletter in advance of the Special Election.

(c) This notice must list numbers of positions to be filled by the election and

also the name of the incumbent in each position up for election. This shall be

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done regardless of incumbent’s announced intention not to run for reelection/election.

7-3-23 Candidate Eligibility

According to the Tribal Constitution (Article VIII, Section 4(a)), in order to be

eligible for election to a Tribal Council position, candidates shall meet the

following qualifications:

(a)

Be a duly enrolled member of the Confederated Tribes;

(b)

Be at least twenty-one (21) years of age; and

(c) Never have been previously removed from office for good cause

after the date the Tribal Constitution was ratified. (May 23, 1987).

7-3-24 Candidacy Procedures

(a)

Statements of Candidacy

(1) Candidates shall file Statements of Candidacy no later than

thirty (30) days before the scheduled date of the election.

CLUSI Const. Art. VIII, Section 4(c).

(2) Statements of Candidacy must be filed with the Election Board

through the Election Clerk either by mail, hand delivered to the

Tribal Administrative offices, or via email to the email address

on the Election Notice provided. In order to verify timeliness of

filing, a candidate shall receive a statement of receipt of said

Statement of Candidacy from whoever receives the statement.

The statement shall state, at a minimum, the name of the

person accepting the statement, name, roll number and

signature of the person presenting the statement, and date and

time of the submission. A standard form shall be approved by

the Board.

(3) Each candidate shall indicate the position for which he or she is

filing. Once a person has filed for a position, he or she will not

be allowed to change positions or to withdraw and refile for the

same election.

(b) Public Notices

a. Article VIII, Section 4(c) of the Tribal Constitution states: “A public

list of candidates shall be published by the Election Board no later

than twenty (20) days before the scheduled election date.”

b. The Election Board must publish in the January issue of the Tribal

Newsletter a notice of upcoming Tribal Council elections for that

calendar year.

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c. Each candidate shall indicate the position for which he or she is

filing. No shuffling of positions will be allowed

(c) Position Statements

a. Each candidate will be given the opportunity to present a Position

Statement for inclusion in the Tribal Newsletter if submitted by the

Newsletter deadline and included in the ballot mailing to

membership. Position statements shall not be longer than one (1)

sheet of 8-1/2” by 11” paper printed on both sides, capable of

being copied on a black and white copier. Position statements may

be published in either the February, March or April issue,

depending upon when the candidate filed and the candidate’s

preference. It will be stated in the Tribal Newsletter that the

Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians

shall not be responsible for the accuracy of the candidates’ position

statements. Further, for any verification of uncertainties,

candidates will be asked to furnish proof of their statement.

b. Photos in any Position Statement submission that include a person

that is not an immediate family member must be accompanied with

a photo release before the Election Board will consider the Position

for approval.

c. To file for any position, other than the position of Chief, an already

seated Tribal Council member must file for his/her position or

resign from Tribal Council and then file for any other position.

(d) Write-in Candidates Not Allowed

No write-in candidate will be allowed. Any ballot containing a write-in candidate

will be disqualified as to the position for which a write-in vote was made.

7-3-25 Voting Procedures

(a) Ballot Description

(1)

Each ballot shall contain voting instructions on a separate sheet or

on the reverse side of the ballot. The ballot shall also state that if the

voting is done at the polling place rather than by mail ballot, an Election

Board member will be available to give assistance in answering voting

procedure questions. The Election Board may have included on the ballot

other instructions deemed necessary or desirable.

(2)

The official ballots shall be printed on white paper with black ink.

Sample ballots shall be printed or copied onto colored paper, shall be

clearly labeled “sample ballot”, and shall not be counted if placed in the

ballot box.

(3)

Candidates shall be listed on the ballot in a staggered fashion, e.g.

#1 on one ballot and #2 on another, etc. The instructions shall state that

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each Registered Voter may vote for either one (1) or no candidate for each

vacancy, and that any ballots marked with more than one (1) vote for any

single position shall invalidate the whole ballot.

(4)

Subjects of a recall vote shall be listed on the ballot in a

staggered fashion, e.g. #1 on one ballot and #2 on another, etc.

(5)

Ballots for initiatives, referenda and issues requiring General

Council approval shall contain a statement of what the voter is deciding

and shall be worded in such a manner that clearly allows for a choice of

a “yes” or a “no” vote only. No misleading statements whatsoever will be

accepted.

(b) Ballot Procedure

(1)

All Registered Voters having Signature Cards on file shall be

mailed a ballot after the closing date for filing but no later than fourteen

(14) days prior to the scheduled election date. Mailed ballots received by

the date the scheduled election is held shall be counted in the vote

tabulation. The independent third party, as outlined in CLUSITC 7-3-25

(e)(1), will assist the Election Board on Election Day.

(2)

The ballot shall be mailed out with an inner privacy envelope along

with a pre stamped self - addressed return envelope. The voter shall mark

their ballot and may place it in the inner privacy envelope and seal it. The

inner envelope shall then be placed in the outer pre stamped selfaddressed return envelope provided, and sealed. The voter shall sign the

outer envelope on the designated line. It shall then be returned to the

designated collection point in the return envelope. Ballots will not be

opened until the day of the election. Outer envelopes must be intact.

(3)

If any visible signs of tampering are noted, the ballot will be

rejected. Upon receiving the mailed ballot, the Election Board, or its duly

appointed representative, shall deposit the entire packet in the locked

ballot box.

(4)

During Election Day at the polling location any ballots delivered by

the third party may be taken to a private room away from the general

public, in the presence of at least two Election Board Members and begin

to alphabetize. The Election Board will compare the signature on the outer

envelope with the signature on file.

(5)

A poll book shall be marked to show each ballot that has been

received during the polling hours of the Election. At 4:00 p.m. on the day

of the election all mail in ballots received will be marked at this time.

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(6)

In the event a Registered Voter loses or accidentally destroys a

ballot before it can be submitted, a duplicate ballot will be provided. In

order to prevent double voting by one voter, a list of Registered Voters

shall be maintained in a poll book by the persons responsible for the

tabulations, and as each ballot is submitted by mail by a voter, his/her

name shall be so marked in the poll book as having voted. If the ballot is

delivered by the Registered Voter to the polling place or completed at the

polling place on Election Day, the voter shall sign his/her name in the poll

book. In the event the person is unable to sign, an Election Board

member, in the presence of at least one other Election Board member

shall so note “unable to sign” in the poll book.

(7)

When voting at the polling place, the Registered Voter shall sign

the poll book. One Election Board member shall supervise the procedure

by the independent third party.

(8)

A ballot may be delivered by any designated method acceptable to

the Registered Voter by 4:00 p.m. on the day of the election.

(9)

If the Registered Voter completes a ballot at the polls, the voter

shall fold the ballot, and in the presence of an Election Board member,

deposit the ballot in the ballot box. An Election Board member shall at that

time mark in the poll book this has been done.

(10) If a Registered Voter, voting in person, defaces or destroys a ballot,

a new ballot may be issued to the voter (write-ins will not receive this

privilege), with the correction noted in the poll book. The spoiled ballot

shall be marked and kept in a secure place until certified as provided for in

CLUSITC 7-3-25(i) and will then be destroyed.

(11) Only one ballot shall be accepted for each registered voter. A

person may change their vote by contacting the Election Clerk. If a ballot

was previously mailed in, it will be rejected if the same person voted in

person on Election Day.

(12) The Election Clerk will disclose any Election irregularities reported

prior to Election Day via email to the Election Board as soon as he or she

becomes aware.

(13) A report will be generated for record keeping how many ballots

were received and/or rejected following the certification of the vote. The

Election Clerk will reach out and notice any member whos’ ballot was

rejected and the reason why and offer corrective measures for the next

Election.

(c)

Poll Hours

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The Election Day voting hours shall be from 12:00 p.m. to 4:00 p.m. The election

shall be held at the Tribal Hall. No Campaign activity shall occur in the Tribal Hall

or on the Reservation property during this time.

(d)

Voter Tabulation Responsibilities

(1)

Independent third parties are required to be used as official vote

tabulators. Tribal Council shall provide for this and other incidental

election costs in the annual General Fund budget. Independent third

parties acceptable for this process include the County Election Board,

certified public accounting firms, the Bureau of Indian Affairs, other civicminded organizations or people with no current contractual or lease

agreements in force with the tribal government except the contract to

count the votes.

(2)

Ballots managed by the Independ third party during the Election

voting process, shall be kept protected under lock and key at a place they

determine safe and free from public view before they are delivered to the

polling place on Election Day.

(3)

At the polling place, all ballots brought in person shall be kept

secure, under lock and key, at all times.

(e)

Counting the Votes

(1)

After all ballots have been placed in the ballot box and an

Election Board member has declared the polls closed, the ballot box

shall be removed to a separate area which is closed to the public.

(2)

After an independent third party has been selected to tabulate the

votes, the Election Board Chairperson shall hand over to the person in

charge of that group, the ballot box, key to the ballot box lock, poll book,

and the signature card file. The Election Board members will observe the

process of counting the ballots and assist as requested by the

independent third party.

(f)

Rejected/Invalid Ballots

A ballot shall be rejected or invalidated if: (1) it is unreadable due to spoilage; (2)

it reflects an invalid signature in the poll book or on the ballot envelope; (3) it has

a tampered outer envelope; and (4) it reflects a write-in. In the event that the

signature on the outer envelope does not match the signature on file, the

Election Board may at its discretion take reasonable steps to determine whether

the signature is valid, taking into consideration that a person’s signature may

change over time. The majority decision of the Election Board present on the

validity of a ballot shall be final.

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CONFEDERATED TRIBES of COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

(g)

Determination of Winners

In accordance with the Tribal Constitution, winners shall be chosen by a plurality

of the votes cast for each position. Ties shall trigger a recount within ten (10)

days and be decided by a coin flip conducted by the Tribal Chief. If the position of

Tribal Chief is vacant, the Elections Board Chairperson will conduct the coin flip.

The coin flip shall consist of a coin being tossed in the air and landing untouched

on a smooth surface.

(h)

Certification of the Vote

(1)

After tabulation of the votes, an Election Board member shall

announce the results and post same at the Tribes’ Administrative Building,

Tribal Hall, Outreach Offices, on the Tribes’ website and in the office of the

Gaming Commission. The notice shall be marked to state the vote is true

and correct and signed by the Election Board Chairperson or designate

and the head of the independent third-party tabulator group.

(2)

According to the Tribal Constitution, certification of the vote shall

occur within twenty-four (24) hours from the time of the election. CLUSI

Const. Art. VIII, Section 2(c). The “time of the election” is hereby defined

as the time the polls are officially closed.

(i)

Election Challenges and Recounts

(1)

Automatic Recounts. In any election, if the vote is within a margin

of five (5) votes or less, the Election Board Chairperson and the

independent third party shall recount for that position or matter

automatically, regardless of whether a challenge is received.

(2)

Recounts in Elections for Tribal Office or Recalls. Any candidate

who is not declared a winner or any person who is recalled from tribal

office may challenge the count by contacting the Election Board

Chairperson within twenty (20) hours of the announcement of the voting

results and presenting his or her reasons why the vote is being

challenged. The Election Board shall decide in its sole discretion whether

to conduct a recount that is not automatically required under this chapter.

(3)

Recounts in Initiative, Referendum and Constitutional Amendment

Elections. Any Registered Voter may challenge the count in an initiative,

referendum or constitutional amendment election by contacting the

Election Board Chairperson within twenty (20) hours of the announcement

of the voting results and presenting his or her reasons why the vote is

being challenged. The Election Board shall decide in its sole discretion

whether to conduct a recount that is not automatically required under this

chapter.

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CONFEDERATED TRIBES of COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

(4)

Timing of Recounts. A recount for any reason must be completed

prior to the time when an election must be certified under the Tribal

Constitution or the Tribal Code.

(5)

Observation of Recounts. The candidates or their designees for

any position subject to a recount may observe the recount. For an

initiative, referendum or constitutional amendment election, the Election

Board shall allow at least one Registered Voter on each side of the

matter to observe the recount. An observer may be excluded from

continuing as an observer upon a determination by the Election Board

that the observer is acting in a manner that impedes or is disruptive to

the recount.

(6)

Challenges to any Election. If at least five (5) Registered Voters

sign and submit to the Election Board Chairperson within twenty (20)

hours of the announcement of the voting results a petition describing

violations of this chapter, violations of rules adopted by the Election Board

or irregularities that could have affected the outcome of an election, the

Election Board shall investigate the charges made in the petition. The

Election Board shall rule on the petition within seven (7) days of the date

of the election. If the Election Board determines that a violation of this

chapter, a violation of Election Board rules or other irregularities did affect

the results of the election, the Election Board shall schedule a second vote

for the particular office or matter that was challenged, as provided in this

Chapter 7-3 and any Election Board rules.

[Sections 7-3-26 to 7-3-40 reserved for future expansion]

OTHER ELECTIONS

7-3-41 Recalls, Special Elections, Initiatives, Referendums and Constitutional

Amendments

The following provisions apply for CLUSITC 7-3-41 to 7-3-47.

(a)

Recalls

A recall involves removal of member(s) of Tribal Council from office by a vote of

the voting membership as provided for in by CLUSI Const. Art. X, Section 2.

(b)

Special Elections

Special elections include, but are not limited to, an election required to:

(1)

Fill the position of Tribal Chief “in the event of the death of the tribal

chief, or any other action resulting in the office of tribal chief becoming

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CONFEDERATED TRIBES of COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

vacant....” CLUSI Const. Art. XI, Section 3. Special Elections to replace a

Tribal Chief shall be subject to the remaining term of office.

(2)

Fill all vacant Tribal Council positions “If the tribal chief is the

sole remaining council member.” CLUSI Const. Art. IX, Section 1(d).

(3)

Fill Tribal Council positions “If the entire tribal council shall

become vacant through death, removal, recall or resignation, or is unable

to function due to loss of a quorum....” CLUSI Const. Art. IX, Section 1(c).

(4)

Obtain General Council approval before taking action on certain

matters within the General Council authority. These matters are provided

in CLUSI Const. Art. VI, Section 3:

(A) The termination or diminishment of the tribal reservation

which is established pursuant to the Restoration Act, or the

alienation of any trust land held on behalf of the Confederated

Tribes;

(B) The diminishment, negotiation, or settlement of any

hunting, fishing, or gathering rights possessed or claimed by the

Confederated Tribes, including the settlement of any land

claims involving the tribe’s aboriginal lands;

(C) The relinquishment of any tribal criminal or civil jurisdiction:

Provided, That cooperative law enforcement agreements shall

not be considered relinquishment.

(c)

Initiatives

According to CLUSI Const. Art. XII, Section 1, “The general council shall exercise

the power of initiative.”

(d)

Referenda

According to CLUSI Const. Art. XII, Section 2, “The general council shall exercise

the power of referendum on those issues or questions that are within the

authority of the general council on those powers vested in the tribal council.”

(e)

Constitutional Amendments

The authority for amending the Tribal Constitution is provided for in CLUSI Const.

Art. XIII, Sections 1.

7-3-42 Common Voting Procedures for Other Elections

(a)

Ballots

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CONFEDERATED TRIBES of COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

Other elections shall be by secret ballot and shall be conducted by mail in the

same manner as general elections. Further, all eligible members of the General

Council may vote at such elections.

(b)

Voting Procedures

Except as specifically provided in CLUSITC 7-3-43 through 7-3-47, voting for

all elections shall be conducted in the manner set out in CLUSITC 7-3-25.

7-3-43 Recall Voting Procedures

(a)

Procedure for Putting a Recall on a Ballot

Upon written petition of at least one-third (1/3) of the voting membership of the

Tribes, presented to and verified by the Election Board, a special election shall

be called to consider the recall of the Tribal Council member(s) named in the

petition. CLUSI Const. Art. X, Section 2.

(b)

Recall Election Dates

A recall election “shall be held within thirty (30) days from the date the petition is

verified: Provided, that any petition submitted within three (3) months of the next

annual meeting of the general council shall be placed on the agenda of that

meeting.” CLUSI Const. Art. X, Section 2.

(c)

Number of Votes Required to Validate a Recall

Pursuant to CLUSI Const. Art. X, Section 2, at least twenty-five percent (25%)

of the voting membership must vote at a recall election for a recall to occur.

(d)

Determination of Results

If the minimum number of required votes are cast, “the position(s) shall be

declared vacant if at least two-thirds (2/3) of those members voting support the

recall.” CLUSI Const. Art. X, Section 2. The voting must be done for each

position. The voting result for each Tribal Council member being recalled shall

be determined independently of any other position being recalled at the same

election.

7-3-44 Special Elections Voting Procedures

(a)

Procedure for Putting a Special Election on a Ballot

(1) In the event that the Tribal Chief is the sole remaining Tribal

Council member, the Tribal Chief shall call a special Tribal Council

election within sixty (60) days. CLUSI Const. Art. IX, Section 1(d). The

election shall be scheduled to be held no less than ninety (90) days

from the date it is called.

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CONFEDERATED TRIBES of COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

(2) In the event that the entire Tribal Council shall become vacant or

is unable to function due to a loss of a quorum, Tribal Council

members shall be elected to fill the unexpired term of each Tribal

Council position. Such election shall occur at a special meeting of the

general council, the vote to be taken in the manner provided for in

elections at the April General Council meeting. CLUSI Const. Art. IX,

Section 1(c).

(3) In the event of the vacancy of the position of Tribal Chief, the Tribal

Council shall schedule a special election within sixty (60) days. CLUSI

Const. Art. XI, Section 3. The election shall be scheduled to be held no

less than ninety (90) days from the date it is called.

(b)

Special Election Dates

(1)

A special election to fill a vacancy in the position of Tribal Chief

shall be held in conjunction with a regular monthly meeting of the Tribal

Council. CLUSI Const. Art. XI, Section 3.

(2)

All other special elections shall be scheduled at the earliest

convenient date, allowing for compliance with all timelines contained in

CLUSITC 7-3-22(b) of this code.

(3)

Election dates for initiatives and referenda shall be held within sixty

(60) days of the validation of the petition.

(c)

Number of Votes Required to Validate a Special Election Held Pursuant

to CLUSI Const., Art. VI, Section 3(a)

In any election held to authorize the Tribal Council to take the actions listed

below, in order to be valid, a minimum of thirty-five percent (35%) of the

membership eligible to vote must cast ballots. The matter presented must be

approved by three-fourths (3/4) of the ballots cast in order to carry.

(1)

The termination or diminishment of the tribal reservation which is

established pursuant to the Restoration Act, or the alienation of any trust

land held on behalf of the Confederated Tribes.

(2)

The diminishment, negotiation or settlement of any hunting, fishing

or gathering rights possessed or claimed by the Confederated Tribes,

including the settlement of any land claims involving the tribe’s aboriginal

lands.

(3)

The relinquishment of any tribal criminal or civil jurisdiction:

Provided, that cooperative law enforcement agreements shall not be

considered relinquishment.

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CONFEDERATED TRIBES of COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

7-3-45 Initiatives Voting Procedures

Upon receipt and verification by the Election Board of a petition signed by at least

one-third (1/3) of those General Council members who are eligible to vote setting

forth any proposed ordinance or resolution of the Tribal Council, such ordinance

or resolution shall be submitted to a vote of the General Council at a regular or

special election to be held within sixty (60) days of verification of the petition. The

vote of two-thirds (2/3) of those actually voting, in an election where at least thirty

(30) percent of the eligible membership of the General Council votes, shall decide

the issue and the decision shall be conclusive and binding on the Tribal Council.

Absentee ballots shall be included in such vote. CLUSI Const. Art. XII, Section 1.

7-3-46 Referendum Voting Procedures

Upon receipt and verification by the Election Board of a petition signed by at least

one-third (1/3) of those General Council members who are eligible to vote, setting

forth any proposed or previously enacted ordinance or resolution of the Tribal

Council, such ordinance or resolution shall be submitted for reconsideration by

the General Council in a regular or special election. Such election shall be

scheduled within sixty (60) days of verification of the petition. The vote of twothirds (2/3) of those voting, in an election where at least thirty (30) percent of the

eligible membership of the General Council votes, shall be conclusive and

binding on the Tribal Council. Absentee ballots shall be included in such vote.

CLUSI Const. Art. XII, Section 2.

7-3-47 Constitutional Amendments Voting Procedures

Elections to address amendment of the Tribal Constitution shall be called and

conducted by the Secretary of the Interior according to the procedures set forth in

the Code of Federal Regulations, 25 CFR, parts 81 and 82. CLUSI Const. Art.

XIII.

Election Mailings

7-3-48 No Unconditional Right to Election Mailing

Pursuant to policies and procedures adopted by the Tribes, Election Mailings

may be submitted to authorized Tribal recipients, consistent with the discretionary

approval of the Tribes, and the schedule and available resources of the Tribes

and its personnel. No right exists to demand that an Election Mailing be

distributed, that a particular message or word in an Election Mailing be

distributed, or that a particular deadline for processing or mailing an Election

Mailing must be met. Further, no appeal may be made to Tribal Court or

otherwise, to a final decision of the Tribes to deny a particular Election Mailing.

7-3-49 Authorized Recipients of Election Mailings

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CONFEDERATED TRIBES of COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

(a)

Election Mailings will be mailed only to current Tribal Members meeting

age and all other requirements for Tribal voting rights that have not submitted to

the Tribe a current request to “opt out” of receiving Tribal Mailings.

(b)

Nothing contained in CLUSITC 7-1-151 to 7-1-153 shall be interpreted

as granting or permitting a right to the identity of a mailing address for a

particular Tribal Member.

7-3-50 Initiation of an Election Mailing Submission

(a)

An individual Tribal Member may initiate the process for an Election

Mailing Submission by completing, in full, a Request for an Election Mailing

Form provided by the Enrollment Coordinator. This Form shall require a copy of

the information to be mailed and the signature of the Election Mailing Author.

The Election Mailing Author shall also agree to execute a Hold Harmless and

Indemnification Agreement releasing the Tribe and its actors and agents from

any and all damages or claims relating to the Election Mailing Submission by

signing the form submission. Election mailing author shall be responsible for any

damages or claims relating to the Election mailing.

(b)

An Election Mailing Submission shall not be considered for processing

if it does not contain the printed full name and signature of the Election Mailing

Author.

(c)

Election mailing author may request that materials be mailed, at the

authors’ expense in the form of standard 8 ½ inch x 11-inch paper or half sheet

or quarter page postcards.

(d)

Election Mailing Author may also request mailing to specific portions of

the Tribes voting population. Examples are specific areas such as only the fivecounty service area, Oregon only or whole Tribe, this will be communicated in

the Request for Election Mailing Form.

(e)

Election Mailing Submissions shall be approved if the Board determines,

in its discretion, that the submission relates directly and exclusively to Tribal

election candidates and contains no inflammatory language or message,

contains no profanity or name calling, contains no potentially abusive or libelous

communication, contains no commercial message, and otherwise complies with

this Code and Tribal law. To the extent an Election Mailing Submission contains,

in whole or part, any improper content as defined herein, the Submission shall be

returned to the Election Mailing Author.

(f)

The Election Board must approve all submission by majority. The Tribal

Council reserves the right to review and reject any mailing for failure to comply

with the provisions of this Section, or for previous abuse of the provisions of

this Section. All submissions will be sent to both the Election board and Tribal

Council excluding incumbents.

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CONFEDERATED TRIBES of COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

(g)

The Enrollment Coordinator will facilitate the mailing of Election

materials to Tribal Members as follows:

(1)

The Tribal Member requesting the mailing of Election materials to

Tribal Members may provide the Enrollment Coordinator with

enough copies of the material to be distributed, in the sufficient

number of unsealed envelopes, with first-class postage affixed,

with no return address label. They may also request to pay for

supplies from the Tribe and a cost list will be provided if

requested. All costs shall be paid to the Tribe prior to mailing.

(2)

The Enrollment Coordinator shall affix to the envelope of each

Election Mailing, a stamp or label with a statement communicating

at the “contents of the Mailing are a Tribal Election Mailing, that the

Mailing is the sole opinion of the Election Mailing Author, and that

the Tribes takes no responsibility nor opinion on the statements

within the Mailing, including the accuracy of its content”.

(3)

The Enrollment Coordinator shall affix mailing labels bearing the

names and last known addresses of all Tribal Members identified

within the Request for Election Mailing Form submitted, return

address labels with the Tribes address will be affixed for any returns

or those unable to be delivered; excluding Tribal Members who have

requested to “opt out” of receiving Tribal Mailings The Tribes shall

make reasonable efforts to transcribe the proper mailing address for

each Tribal Mailing recipient, but will not be responsible for the

accuracy or validity of any mailing address affixed to an Election

Mailing.

(4)

The Enrollment Coordinator shall then place the envelopes directly

into the U.S. mail.

(5)

A Tribal Member shall be limited to one (1) request for mailings per

month in an election year (January – April).

GENERAL PROVISIONS

7-3-51 Sovereign Immunity

Nothing in this Code shall be construed to have waived the sovereign immunity

of the Tribes, any tribal entity, department or program, or any tribal official or

employee, except as specifically and explicitly described herein.

7-3-52 Severability

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CONFEDERATED TRIBES of COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

If a court of competent jurisdiction finds any provision of this code to be invalid or

illegal under applicable federal or Tribal law, such provision shall be severed from

this code and the remainder of this code shall remain in full force and effect.

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APPENDIX A

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

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ELECTIONS

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal

Council due to an emergency, approved amendments to Chapter 7-3 Election

to implement needed corrections from amendments to the Constitution by

Resolution 26-102 creating Ordinance No. 050H on May 21, 2026. Vote was 7

(for), 0 (against), and 0 (abstaining).

The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal

Council approved amendments to Chapter 7-3 for Second Reading and Final

Approval by Resolution 26-005 creating Ordinance No. 050G on January 11,

2026. Vote was 7 (for), 0 (against), and 0 (abstaining).

The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal

Council approved amendments to Chapter 7-3 for First Reading and 28 day

comment period by Resolution 25-203 on November 14, 2025. Vote was 5

(for), 0 (against), and 0 (abstaining).

The Tribal Court Clerk at the direction of the Chief Executive Officer and

with the consent of the Tribes’ General Counsel is authorized to

administratively correct any reference to Tribal Administrator to Chief

Executive Officer on October 11, 2020. These changes are technical in

nature and do not affect a substantive change to the Code.

By Ordinance No. 050F on July 13, 2014, effective on that same date, the

Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal Council

amended Tribal Code Chapter 7-1 (Enrollment) to, among other revisions, move

CLUSITC 7-1-151 to 7-1-153 to Tribal Code Chapter 7-3 (Elections). Vote was 6

(for), 0 (against), 0 (absent), and 0 (abstaining). Pursuant to Ordinance No.

050F, CLUSITC 7-1-151 to 7-1-153 were administratively renumbered as

CLUSITC 7-3-48 to 7-3-50, and former CLUSITC 7-3-48 and 7-3-49 were

administratively renumbered as 7-3-51 and 7-3-52. CTCLUSI 7-3-44(b)(2) was

revised administratively to clarify that the cross-reference to CLUSITC 7-3-22 is

to subsection (b) of that section.

The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal

Council enacted the revisions to the Elections Code by Ordinance 046(D) on May

19, 2013, effective on that same date. Vote was 5 (for), 0 (against), 1 (absent),

and 1 (abstaining).

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CONFEDERATED TRIBES of COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal

Council amended sections 7-3-25(c) and 7-3-43(c) of this chapter by Ordinance

046(C) on January 26, 2011, effective on that same date. Vote was 4 (for), 0

(against), and 3 (abstaining).

The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal

Council enacted the revised “Election” Code 7-3, Ordinance 046(B) at its second

reading. Resolution 06-100, at a regular Tribal Council meeting on August 13,

2006. Vote was 6 (for), 0 (against), and 0 (abstaining).

The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal

Council approved the revisions of the “Election” Code 7-3, Ordinance 046A at its

first reading. Changes were made by the Election Board which are shown in red

and removed by being crossed out. Resolution 06-077 at a regular Tribal

Council meeting on June 11, 2006. Vote was 7 (for), 0 (against) and 0

(abstaining).

The Tribal Council approved that Special Elections to replace a Tribal Chief shall

be subject to the remaining term of office. Resolution 05-030, O#-046A, on May

15, 2005. Vote was 5 (for), 0 (against) and 0 (abstaining).

The Tribal Council enacted and revised "Election" Ordinance #017 to become

#046, Resolution 02-043 on June 9, 2002. Vote was 6 (for), 0 (against), and 0

(abstaining).

The "Election" code was codified for the Tribal Court in December 2001.

The Tribal Council enacted and revised "Election" Ordinance #014 to become

#017, Resolution #95-045 on August 28, 1995. Vote was 5 (for) and 2 (against).

The Tribal Council enacted and revised "Election" Ordinance #011 to

become #014 in Resolution #95-014 on February 8, 1995. Vote was 7 (for)

and 0 (against).

The Tribal Council enacted and revised "Election" Ordinance #008 to become

#011 in Resolution #93-026 on July 26, 1993. Vote was 6 (for) and 0 (against).

The Tribal Council enacted and revised "Election" Ordinance #001 to

become #008, Resolution #89-078 on November 12, 1989. Vote was 6 (for)

and 0 (against).

The Tribal Council enacted and adopted the "Election" Ordinance #001

in Resolution # (unknown) on December 13, 1987.

00518603.2

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ELECTIONS

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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