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U.S. Code as of:
01/02/2006
Section 765. Tribal constitution and bylaws
(a) Election; time and preconditions
Upon the written request of the Interim Council, the Secretary
shall conduct an election by secret ballot, pursuant to the
provisions of section 476 of this title, for the purpose of
adopting a constitution and bylaws for the tribe. The election
shall be held within sixty days after the Secretary has -
(1) reviewed and updated the final membership roll for
accuracy, in accordance with sections 763(a), 763(b)(1), and
763(c)(1) of this title,
(2) made a final determination of all appeals filed under
section 763(c)(2) of this title, and
(3) published in the Federal Register a certified copy of the
membership roll of the tribe.
(b) Pre-election duties and functions of Interim Council
The Interim Council shall draft and distribute to each member
described in section 763(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
drafted by the Interim Council, along with a brief and impartial
description of the proposed constitution and bylaws. 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 the election.
(c) Majority vote for adoption
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 adoption of a tribal constitution and
bylaws.
(d) Election of tribal officials pursuant to constitution and
bylaws; ballot requirements
Not later than one hundred and twenty days after the tribe 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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