§ 765. — Tribal constitution and bylaws.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 25USC765]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXXII-A--PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
SUPERVISION
Sec. 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.
(Pub. L. 96-227, Sec. 6, Apr. 3, 1980, 94 Stat. 319.)
Section Referred to in Other Sections
This section is referred to in sections 763, 764, 766 of this title.
