§ 903c. — 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: 25USC903c]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XLI--MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF FEDERAL
SUPERVISION
Sec. 903c. Tribal constitution and bylaws
(a) Election; time and procedure
Upon request from the Menominee Restoration Committee, the Secretary
shall conduct an election by secret ballot, pursuant to the provisions
of the Act of June 18, 1934, as amended [25 U.S.C. 461 et seq.], for the
purpose of determining the tribe's constitution and bylaws. The election
shall be held within sixty days after final certification of the tribal
roll.
(b) Distribution by Menominee Restoration Committee prior to election of
proposed constitution and bylaws and brief impartial
description; consultations by Committee with persons entitled to
vote
The Menominee Restoration Committee shall distribute to all enrolled
persons who are entitled to vote in the election, at least thirty days
before the election, a copy of the constitution and bylaws as drafted by
the Menominee Restoration Committee which will be presented at the
election, along with a brief impartial description of the constitution
and bylaws. The Menominee Restoration Committee shall freely consult
with persons entitled to vote in the election concerning the text and
description of the constitution and bylaws. Such consultation shall not
be carried on within fifty feet of the polling places on the date of the
election.
(c) Election of tribal officers provided for in constitution and bylaws;
time and procedure for initial election; subsequent elections
governed by constitution, bylaws and ordinances
Within one hundred and twenty days after the tribe adopts a
constitution and bylaws, the Menominee Restoration Committee shall
conduct an election by secret ballot for the purpose of determining the
individuals who will serve as tribal officials as provided in the tribal
constitution and bylaws. For the purpose of this initial election and
notwithstanding any provision in the tribal constitution and bylaws to
the contrary, absentee balloting shall be permitted and all tribal
members who are eighteen years of age or over shall be entitled to vote
in the election. All further elections of tribal officers shall be as
provided in the tribal constitution and bylaws and ordinances adopted
thereunder.
(d) Majority vote necessary for passage and initial election of tribal
governing body; minimum number of voters required to vote
In any election held pursuant to this section, the vote of a
majority of those actually voting shall be necessary and sufficient to
effectuate the adoption of a tribal constitution and bylaws and the
initial election of the tribe's governing body, so long as, in each such
election, the total vote cast is at least 30 per centum of those
entitled to vote.
(e) Revision of time periods pursuant to agreement of Secretary and
Menominee Restoration Committee
The time periods set forth in section 903b(c) of this title and
subsections (a) and (c) of this section may be changed by the written
agreement of the Secretary and the Menominee Restoration Committee.
(Pub. L. 93-197, Sec. 5, Dec. 22, 1973, 87 Stat. 772.)
References in Text
Act of June 18, 1934, referred to in subsec. (a), popularly known as
the Indian Reorganization Act, is classified generally to subchapter V
(Sec. 461 et seq.) of this chapter. For complete classification of this
Act to the Code, see Short Title note set out under section 461 of this
title and Tables.
