§ 711d. — Tribal constitution and bylaws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC711d]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXX-A--SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL
SUPERVISION
Sec. 711d. 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 the provisions of
section 476 of this title, for the purpose of adopting a constitution
and bylaws for the tribes. 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 section 711b(a), (b)(1), and (c)(1) of this
title,
(2) made a final determination of all appeals filed under
section 711b(c)(2) of this title, and
(3) published in the Federal Register a certification copy of
the membership roll of the tribe.
(b) Pre-election 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 711b(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, 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 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.
(d) Election of tribal officials provided for in 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.
(Pub. L. 95-195, Sec. 6, Nov. 18, 1977, 91 Stat. 1417.)
Section Referred to in Other Sections
This section is referred to in sections 711b, 711c, 711e of this
title.
