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U.S. Code, Title 25, Indians
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 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.
1 So in original. Probably should be capitalized.
(Pub. L. 98–481, § 6, Oct. 17, 1984, 98 Stat. 2252.)
Section Referred to in Other Sections
This section is referred to in sections 714b, 714c of this title.
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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 714d. Tribal Constitution and Bylaws," U.S. Code, Title 25, Indians in U.S. Code, Title 25, Indians (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed December 26, 2024, http://originalsources.com/Document.aspx?DocID=8S3ITZTTJAZ8XL3.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 714d. Tribal Constitution and Bylaws." U.S. Code, Title 25, Indians, in U.S. Code, Title 25, Indians, Washington, D.C., Government Printing Office, 2002, Original Sources. 26 Dec. 2024. http://originalsources.com/Document.aspx?DocID=8S3ITZTTJAZ8XL3.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 714d. Tribal Constitution and Bylaws' in U.S. Code, Title 25, Indians. cited in 2002, U.S. Code, Title 25, Indians, Government Printing Office, Washington, D.C.. Original Sources, retrieved 26 December 2024, from http://originalsources.com/Document.aspx?DocID=8S3ITZTTJAZ8XL3.
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