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March 2022 | 3
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The Upcoming BIA Election: What’s at Stake? How Do You Vote?
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uquamish Tribe members are being There would be no changes to: asked to vote on an amendment to the • The process for electing Tribal Council members or their terms in office. Tribe’s Constitution that removes Bureau • Th e Tribe’s enrollment process. of Indian Affairs (BIA) oversight of Tribal governance. How This Election Came About This Election was requested by TribA majority vote in favor would mean that: al Council in Resolution #2022-01. The • Tribal members could amend the Con- Tribe previously was in the middle of a stitution through a vote at either the Secretarial Election in 2020, which was annual General Council meeting, or a canceled because of the COVID outbreak. specially called General Council meetThe Tribal Council and the Enrollment ing, without the BIA conducting the Committee believe that removing provielection. sions that put the BIA in charge of Tribal o An election could be called either governance will allow the Tribe to exercise by a petition signed by 30 percent greater sovereignty and self-governance. of those eligible to vote or by Tribal The Suquamish Tribe’s Constitution Council resolution. currently contains Indian Reorganizao 30 percent of those entitled to vote tion Act (IRA) provisions that require the would need to vote on the proposed Secretary of Interior, who acts through amendment. the BIA, to hold an election to amend the o Majority vote determines if the pro- Tribe’s Constitution as well as other Secreposed amendment is adopted or re- tary of Interior oversight. jected. The Obama Administration referred to o There would be no absentee voting these provisions as “anachronistic and in– all would have to be present to consistent with modern policies favoring vote. self-governance.” • The BIA would no longer have to apTo remove these provisions, which prove a correction to the base roll. some believe are outdated and paternal• The BIA would no longer have the istic, the Tribe must amend the Constitupower to approve or disapprove Tribal tion to remove the Secretary of Interior laws and resolutions. and BIA oversight which can only be done • Minutes of General Council and Tribal by having a Secretarial Election. Council meetings would no longer be How to Vote submitted to the BIA. The outcome of this election could re• The BIA would no longer oversee the Tribe’s choice of legal counsel or their move the BIA from operating these sorts of elections in the future. But for now, the payment. BIA is carrying out this election, with the Many of the proposed changes are in oversight of an Election Board comprised keeping with how the Tribe currently of the Puget Sound Agency’s Superintenconducts business. For instance, the BIA dent Janine Van Dusen and Suquamish does not approve the attorneys the Tribe Tribal members Martha George-Sachava hires, nor does the Tribe currently submit and Charlene Renquist. To participate in this election, Tribal minutes to the BIA.
must be received by the BIA by March 4. Those who register will receive a ballot in March. Vote by returning your ballot to the address on the return envelope so that it is received by April 8. There will be brief opportunities to challenge the registration list and the outcome of the vote (see timeline). The election will be valid provided that at least 30 percent of those who register to vote actually turn in their ballot. If a majority vote in favor, the changes to the Tribe’s Constitution will take effect. Tribal members have been submitting their questions about the Election. The questions, plus responses from the Tribe’s members will need to register by mail, legal department, will be published in the even if you’ve registered in the past. Tribal SUN Weekly Update. citizens should have received a registration packet in the mail from the BIA office More information: in Albuquerque, NM. The full Suquamish Constitution and If you haven’t, one can be requested bylaws, with the proposed changes, is from the Suquamish Secretarial Election posted at https://bit.ly/STconst Board, at the Puget Sound Agency, 2707 Colby Ave, Ste 1101, Everett, WA 98201. The rules for this election are at https:// You may also contact the Suquamish Sec- bit.ly/BIArules retarial Election Board Chair at (425) 622-9158. *The BIA’s procedures for conducting Mail your registration back to the BIA elections are at in the provided return envelope as in- https://www.law.cornell.edu/cfr/text/25/ structed in the packet. The registration part-81 By Sarah van Gelder
BIA ELECTION TIMELINES
Code *
Tribal members register to vote by returning registration card, which must be received by the BIA by March 4, 2022.
25 CFR §81.23-31
List of registered voters is posted at the Tribal Administration Building and on the Tribe’s website. Challenges to the list are due by 3:30pm on 25 CFR §81.31-33 March 7, 2022 Challenges will be decided by the Election Board on March 8, 2022, and the final Registered Voters List will be posted. The BIA sends ballots to all Tribal members who registered. Tribal members return ballots to the BIA address on the return envelope. Ballots must be received by BIA before 3:30 pm on April 8, 2022, to be counted.
25 CFR §81.36-40
The BIA Election Board certifies and posts the results of the election by 25 CFR §81.41-42 April 8, 2022. Deadline to challenge is April 13, 2022 by 4:00 PM. and § 81.43 BIA submits the certified election results to the BIA NW regional director, who rules on any challenges. Election results take effect June 1, 2022.
25 CFR § 81.45
