BIA Election: What’s at Stake? How Do You Vote?

Suquamish Tribe members are being asked to vote on an amendment to the Tribe’s Constitution that removes Bureau of Indian Affairs (BIA) oversight of Tribal governance.

A majority vote in favor would mean that:

• Tribal members could amend the Constitution through a vote at either the annual General Council meeting, or a specially called General Council meeting, without the BIA conducting the election. o An election could be called either by a petition signed by 30 percent of those eligible to vote or by Tribal Council resolution. o 30 percent of those entitled to vote would need to vote on the proposed amendment. o Majority vote determines if the proposed amendment is adopted or rejected. o There would be no absentee voting – all would have to be present to vote.

• The BIA would no longer have to approve a correction to the base roll.

• The BIA would no longer have the power to approve or disapprove Tribal laws and resolutions.

• Minutes of General Council and Tribal Council meetings would no longer be submitted to the BIA.

• The BIA would no longer oversee the Tribe’s choice of legal counsel or their payment.

Many of the proposed changes are in keeping with how the Tribe currently conducts business. For instance, the BIA does not approve the attorneys the Tribe hires, nor does the Tribe currently submit minutes to the BIA.

There would be no changes to:

• The process for electing Tribal Council members or their terms in office.

• The Tribe’s enrollment process.

How This Election Came About

This Election was requested by Tribal Council in Resolution #2022-01. The Tribe previously was in the middle of a Secretarial Election in 2020, which was canceled because of the COVID outbreak.

The Tribal Council and the Enrollment Committee believe that removing provisions that put the BIA in charge of Tribal governance will allow the Tribe to exercise greater sovereignty and self-governance.

The Suquamish Tribe’s Constitution currently contains Indian Reorganization Act (IRA) provisions that require the Secretary of Interior, who acts through the BIA, to hold an election to amend the Tribe’s Constitution as well as other Secretary of Interior oversight.

The Obama Administration referred to these provisions as “anachronistic and inconsistent with modern policies favoring self-governance.”

To remove these provisions, which some believe are outdated and paternalistic, the Tribe must amend the Constitution to remove the Secretary of Interior and BIA oversight which can only be done by having a Secretarial Election.

How to Vote

The outcome of this election could remove the BIA from operating these sorts of elections in the future. But for now, the BIA is carrying out this election, with the oversight of an Election Board comprised of the Puget Sound Agency’s Superintendent Janine Van Dusen and Suquamish Tribal members Martha George-Sachava and Charlene Renquist.

To participate in this election Tribal members will need to register by mail, even if you’ve registered in the past. Tribal citizens should have received a registration packet in the mail from the BIA office in Albuquerque, NM.

If you haven’t, one can be requested from the Suquamish Secretarial Election Board, at the Puget Sound Agency, 2707 Colby Ave, Ste 1101, Everett, WA 98201. You may also contact the Suquamish Secretarial Election Board Chair at (425) 622-9158.

Mail your registration back to the BIA in the provided return envelope as instructed in the packet. The registration 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 legal department, will be published in the SUN Weekly Update.

More information: The full Suquamish Constitution and bylaws, with the proposed changes, is posted at https://bit.ly/STconst

The rules for this election are at https:// bit.ly/BIArules

*The BIA’s procedures for conducting elections are at https://www.law.cornell.edu/cfr/text/25/ part-81

By Sarah van Gelder

BIA ELECTION TIMELINE

Tribal members register to vote by returning registration card, which must be received by the BIA by March 4, 2022.

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 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.

The BIA Election Board certifies and posts the results of the election by April 8, 2022. Deadline to challenge is April 13, 2022 by 4:00 PM.

BIA submits the certified election results to the BIA NW regional director, who rules on any challenges. Election results take effect June 1, 2022.