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U.S. Code as of:
01/19/04
Section 713d. Tribal constitution and bylaws; tribal governing body
(a) Adoption of proposed constitution and bylaws; election: time
and procedure
(1) The Interim Council shall be responsible for preparing the
tribal constitution and bylaws which shall provide for, at a
minimum, the establishment of a tribal governing body and tribal
membership qualifications. Such proposed constitution and bylaws
shall be adopted by the Interim Council no later than six months
after November 22, 1983.
(2) Upon the adoption of the proposed tribal constitution and
bylaws by the Interim Council, the Council shall request the
Secretary, in writing, to schedule an election to approve or
disapprove the adoption of such constitution and bylaws. The
Secretary shall conduct an election by secret ballot in accordance
with section 476 of this title.
(b) Notice and consultation
Not less than thirty days before any election scheduled pursuant
to subsection (a) of this section, a copy of the proposed tribal
constitution and bylaws, as adopted by the Interim Council, along
with a brief and impartial description of the proposed constitution
and bylaws shall be sent to each member eligible to participate in
such election under section 713e(d) of this title. The members of
the Interim Council may freely consult with members of the tribe
concerning the text and description of the constitution and bylaws,
except that such consultation may not be carried on within fifty
feet of the polling places on the date of such election.
(c) Majority vote for adoption; procedure in event of failure to
adopt proposed constitution
(1) In any election held pursuant to subsection (a) of this
section, a vote of a majority of those actually voting shall be
necessary and sufficient for the approval of the adoption of the
tribal constitution and bylaws.
(2) If in any such election such majority does not approve the
adoption of the proposed tribal constitution and bylaws, the
Interim Council shall be responsible for preparing another tribal
constitution and other bylaws in the same manner provided in this
section for the first proposed constitution and bylaws. Such new
proposed constitution and bylaws shall be adopted by the Interim
Council no later than six months after the date of the election in
which the first proposed constitution and bylaws failed of
adoption. An election on the question of the adoption of the new
proposal of the Interim Council shall be conducted in the same
manner provided in subsection (a)(2) of this section for the
election on the first proposed constitution and bylaws.
(d) Election of tribal governing body
Not later than one hundred and twenty days after the tribe
approves the adoption of the tribal constitution and bylaws and
subject to the approval of the Secretary, the Interim Council shall
conduct an election, by secret ballot, to elect the tribal
governing body established under such constitution and bylaws.
Notwithstanding any provision of the tribal constitution and
bylaws, absentee and write-in balloting shall be permitted in an
election under this subsection.
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