CHAPTER 8-2 PROCEDURES FOR PROPOSING CONSTITUTIONAL AMENDMENTS BY PETITION
8-2-1 DETERMINATION OF NUMBER OF ELIGIBLE VOTERS
A. In order to comply with the provisions of Tribal Constitutional Amendment VIII, it will be necessary at the time of each annual, tribal general election for the Colville Business Council to determine and publish the exact number of tribal members who, on the date of that general election are over the age of 18 years and were eligible to vote in that general election. One third (1/3) of the published number shall be the number of eligible voters whose authenticated, numbered and dated signature shall validate the properly written and filed petition to place a proposed constitutional amendment on the next general election ballot of the Colville Confederated Tribes, pursuant to Tribal Constitutional Amendment VIII.
B. The Election Committee of the Colville Business Council shall, with the assistance of the Tribal administrative officer in charge of conducting the annual Tribal general election and the Tribal enrollment officer of the Colville Confederated Tribes, determine and publish by written resolution, within 45 days of the date that final totals and results in the tribal general election are determined, the number of tribal members who were over the age of 18 years and eligible to vote in that Tribal general election. This published number shall be used to qualify and validate petitions for proposed constitutional amendments filed at the next general election, pursuant to Amendment VIII of the Colville Tribal Constitution.
8-2-2 VALIDATION OF SIGNATURES
A. A signature placed on a valid petition page shall be valid unless the signature:
B. Individual signatures that are found to be invalid appearing in an otherwise valid petition page shall:
C. All signatures on an invalid petition page shall be considered invalid.
D. The Tribal Enrollment Department or other persons appointed by the Election Committee of the Colville Business Council shall be responsible for the validation or invalidation of the signatures on any properly printed and submitted petition. Validation or invalidation of each signature shall be marked directly on the petition page where the signature appears. If the signature is not validated the reason(s) for invalidation shall be marked directly on the petition page where the signature appears.
E. In the event that a tribal member's signature appears on a petition more than once, all but one of the signatures shall be stricken as invalid.
F. Signatures on a petition page must be authenticated in the following manner: The collector of signatures on each petition page shall appear before a notary or a clerk of the Colville Tribal Court and sign in the presence of the clerk or notary, on each sheet of the petition, a statement attesting under oath and penalty of perjury that the signatures were made on the petition page on the date shown and by the individuals whose names appear on the petition, and that to the best of his/her knowledge the signatories are eligible Colville Tribal voters.
G. Only an eligible Colville Tribal voter shall be recognized as a valid collector of petition signatures and authenticator of petition pages by sworn statement.
8-2-3 CONTENTS OF PETITION
A. Words or statements required to be placed on a petition page by this statute shall be clearly typewritten or printed in clear, legible type. When words or statements required to be placed on each petition page by this statute are not present, or are faded, obscured, smeared, or otherwise illegible, that entire petition page shall be invalid and all signatures placed on such a petition page shall also be declared invalid and shall not be counted for the purposes of validating the petition. All signatures to be valid must appear on a petition page that conforms to the requirements of the statute. No separate signature sheets, whether attached to a valid petition page or not, shall be allowed, and shall be invalid. All signatures appearing on a separate signature shall not be counted for purposes of validating the petition.
B. No petition page shall contain more than one proposed amendment.
C. Each petition page upon which signatures of petitioners shall appear shall contain the following words, statements and spaces:
|Signature||Printed Name||Enrollment Number||Date of Birth||Date of Signature||Validation|
(Name of collector - Print), being duly sworn on oath and under penalty of perjury, deposes and says that he or she is an enrolled member of the Colville Confederated Tribes and an eligible voter of the Tribes. That the signatures on this petition page were collected by me and to the best of my knowledge and belief, the signatures were made on the dates shown and by the individuals whose names appear on the petition, and the signatories are eligible Colville Tribal voters.
Signature of collector/enrollment number of collector
SUBSCRIBED AND SWORN to before me this ___ day of ____, 19___.
_________________________________________ Clerk of the Colville Tribal Court, or Notary Public in and for the State of ________________, residing at ____________________.
8-2-4 DELIVERY OR FILING OF PETITIONS AND SIGNATURES FOR VALIDATION
A. Petitions to be filed pursuant to the provisions of Amendment VIII shall be filed pursuant to this statute. Petitions and signatures filed out of conformity with this statute shall be invalid.
B. Petition submission and election time line:
Petitions submitted pursuant to provisions of Amendment VIII shall conform to the following time line:
8-2-5 FILING OF PETITIONS
A. Personal Delivery of the First Petition Page.
B. Delivery of Subsequent Petition Pages.
Chairman, Colville Business Council
P O Box 150
Nespelem, WA 99155
Petition pages sent by certified mail shall be considered delivered on the postmarked date of mailing. Petition pages not sent by certified mail shall be invalid.
8-2-6 DURATION OF PETITION
Any petition submitted under this statute, shall be considered only for the purpose stated in the petition. Once a petition has been submitted for validation and acted upon (certified for election or not certified for election as lacking sufficient valid signatures) it shall not be used again.
Adopted 09/24/84, Resolution 1984-612