§ 714d. — 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: 25USC714d]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXX-D--CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW
INDIANS: RESTORATION OF FEDERAL SUPERVISION
Sec. 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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\1\ So in original. Probably should be capitalized.
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(Pub. L. 98-481, Sec. 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.
