§ 713d. — Tribal constitution and bylaws; tribal governing body.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC713d]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXX-C--CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF
OREGON
Sec. 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.
(Pub. L. 98-165, Sec. 6, Nov. 22, 1983, 97 Stat. 1066.)
Section Referred to in Other Sections
This section is referred to in sections 713, 713a, 713c, 713e of
this title.
