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U.S. Code as of:
01/19/04
Section 903c. Tribal constitution and bylaws
(a) Election; time and procedure
Upon request from the Menominee Restoration Committee, the
Secretary shall conduct an election by secret ballot, pursuant to
the provisions of the Act of June 18, 1934, as amended [25 U.S.C.
461 et seq.], for the purpose of determining the tribe's
constitution and bylaws. The election shall be held within sixty
days after final certification of the tribal roll.
(b) Distribution by Menominee Restoration Committee prior to
election of proposed constitution and bylaws and brief impartial
description; consultations by Committee with persons entitled to
vote
The Menominee Restoration Committee shall distribute to all
enrolled persons who are entitled to vote in the election, at least
thirty days before the election, a copy of the constitution and
bylaws as drafted by the Menominee Restoration Committee which will
be presented at the election, along with a brief impartial
description of the constitution and bylaws. The Menominee
Restoration Committee shall freely consult with persons entitled to
vote in the election concerning the text and description of the
constitution and bylaws. Such consultation shall not be carried on
within fifty feet of the polling places on the date of the
election.
(c) Election of tribal officers provided for in constitution and
bylaws; time and procedure for initial election; subsequent
elections governed by constitution, bylaws and ordinances
Within one hundred and twenty days after the tribe adopts a
constitution and bylaws, the Menominee Restoration Committee shall
conduct an election by secret ballot for the purpose of determining
the individuals who will serve as tribal officials as provided in
the tribal constitution and bylaws. For the purpose of this initial
election and notwithstanding any provision in the tribal
constitution and bylaws to the contrary, absentee balloting shall
be permitted and all tribal members who are eighteen years of age
or over shall be entitled to vote in the election. All further
elections of tribal officers shall be as provided in the tribal
constitution and bylaws and ordinances adopted thereunder.
(d) Majority vote necessary for passage and initial election of
tribal governing body; minimum number of voters required to vote
In any election held pursuant to this section, the vote of a
majority of those actually voting shall be necessary and sufficient
to effectuate the adoption of a tribal constitution and bylaws and
the initial election of the tribe's governing body, so long as, in
each such election, the total vote cast is at least 30 per centum
of those entitled to vote.
(e) Revision of time periods pursuant to agreement of Secretary and
Menominee Restoration Committee
The time periods set forth in section 903b(c) of this title and
subsections (a) and (c) of this section may be changed by the
written agreement of the Secretary and the Menominee Restoration
Committee.
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