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U.S. Code as of:
01/19/04
Section 714d. Tribal constitution and bylaws
(a) Election; time and procedure
Upon the written request of the Interim Council, the Secretary
shall conduct an election by secret ballot, pursuant to section 476
of this title, for the purpose of adopting a constitution and
bylaws for the Tribe. The election shall be held after such written
request and within sixty days after the Secretary has published in
appropriate local media a certification copy of the Tribe's
membership roll.
(b) Preelection distribution of proposed constitution and bylaws
and brief, impartial description; consultation by Interim Council
with members of Tribe
The Interim Council shall draft and distribute to each member
described in section 714b(d) of this title, no later than thirty
days before the election under subsection (a) of this section, a
copy of the proposed constitution and bylaws of the Tribe, as
proposed by the Interim Council, along with a brief, impartial
description of the constitution and bylaws. The members of the
Interim Council may freely consult with members of the Tribe,
outside legal counsel and other consultants 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 the election.
(c) Majority vote necessary for adoption of constitution and bylaws
In any election held pursuant to subsection (a) of this section,
the vote of a majority of those actually voting shall be necessary
and sufficient for the adoption of a tribal constitution and
bylaws: Provided, That the total vote cast shall not be less than
thirty percent of those entitled to vote.
(d) Election of tribal officials provided for in constitution and
bylaws; ballot requirements
Not later than one hundred and twenty days after the tribe (!1)
adopts a constitution and bylaws, the Interim Council shall conduct
an election by secret ballot for the purpose of electing the
individuals who will serve as tribal officials as provided in the
tribal constitution and bylaws. For the purpose of this election
and notwithstanding any provision in the tribal constitution and
bylaws to the contrary, absentee balloting shall be permitted.
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