# CITIZEN POTAWATOMI NATION

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Acitizen_potawatomi%3A173fc3f01466cfb3

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

CONSTITUTION OF THE
CITIZEN POTAWATOMI NATION
PREAMBLE
We, the Citizen Potawatomi Nation, sometimes designated as
the Potawatomi Tribe of Oklahoma, in furtherance of our inherent
powers of self-government, in order to take advantage of the
opportunities for economic independence and social advancement
offered by the Thomas-Rogers Oklahoma Indian Welfare Act of
June 26, 1936, (49 Stat. 1976), do hereby adopt this Constitution
pursuant to the Oklahoma Indian Welfare Act of June 26, 1936
(49 Stat. 1967) which shall supersede the constitution approved by
the Secretary of the Interior on October 17, 1938, and ratified on
December 12, 1938, and amended on September 27, 1956,
December 27, 1960, April 24, 1961, September 21, 1970, April 20,
1983, April 5, 1989, April 8, 1996, and August 16, 2007, with
ratification.
ARTICLE 1 – NAME
The official name of this Tribe shall be the Citizen Potawatomi
Nation.
ARTICLE 2 – OBJECTIVES
Section 1. The objective of the Citizen Potawatomi Nation in
organizing under this Constitution shall be:
(a)

To promote the general welfare of the Citizen
Potawatomi Nation and its members by exercising to the
fullest extent the inherent powers of self-government
vested in the Tribe since time immemorial and any
additional powers of self-government vested in the Tribe
by Federal or state law.

(b)

To secure for the Tribe and its members the powers,
benefits, rights, and privileges provided for in Article 1,
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Section 8 of the Constitution of the United States, the
Act of June 18, 1934 (48 Stat. 984) and the Oklahoma
Indian Welfare Act of June 26, 1936, (49 Stat. 1967).
(c)

To secure the powers, benefits, rights, and privileges as
provided by any laws of the United States now or
hereafter enacted for the benefit of Indians or other
citizens of the United States.

(d)

To secure, for the Citizen Potawatomi Nation, a Charter
of Incorporation from the Secretary of the Interior that
allows the tribe to enjoy, those powers specifically
mentioned in the Oklahoma Indian Welfare Act of June
26, 1936 (49 Stat. 1967).
ARTICLE 3 – MEMBERSHIP OF TRIBE

Section 1. The membership of the Citizen Potawatomi Nation
shall consist of the following persons:
(a)

All persons of Indian blood who were bona fide
members of the Citizen Potawatomi Nation and who
were enrolled or were entitled to be enrolled on the
official census roll of the Band on January 1, 1937.

(b)

Each child of Citizen Potawatomi Nation Indian blood
born since the date of said roll whose parents is, or was,
a member of the Tribe.

(c)

Each child of the Citizen Potawatomi Nation Indian
blood of a marriage between a member of the Tribe and
any other person.

(d)

As used in this Article, the term “a member of the Tribe”
means a member of the Tribe at the time of the child’s
birth, or, in the case of a posthumous child, if
membership rights are claimed through the deceased
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parent, the parent was a member of the Tribe at the time
of death.
(e)

The burden of proof as to eligibility for membership in
the Citizen Potawatomi Nation will be on the claimant
for membership in each case.

(f)

The Business Committee shall have power to prescribe
rules and regulations covering future membership
including adoptions and the loss of membership, subject
to confirmation by a majority of the votes cast for a
General Council referendum containing such rules and
regulations in a regular or special election.

(g)

No member of the Citizen Potawatomi Nation may hold
membership in any other Indian tribe.
ARTICLE 4 – TRIBAL JURISDICTION

Section 1. The jurisdiction and governmental powers of the
Citizen Potawatomi Nation shall, consistent with applicable
Federal law, extend to all persons and to all real and personal
property, including lands and natural resources, and to all waters
and air space within the Indian country, as defined in 18 U.S.C.
section 1151 or its successor, over which the Citizen Potawatomi
Nation has authority.
Section 2. The jurisdiction and governmental powers of the
Citizen Potawatomi Nation shall also, consistent with applicable
Federal law, extend outside the exterior boundaries of the Citizen
Potawatomi Nation to all tribal members. These powers shall also
extend to any persons or property which are, or as may hereafter
be, included with the jurisdiction of the Citizen Potawatomi Nation
under any laws of the Citizen Potawatomi Nation, any State, or the
United States.
Section 3. The jurisdiction and governmental powers of the
Citizen Potawatomi Nation shall be exercised by three separate
branches of Tribal Government: Legislative, Executive Officers
and Judicial. All legislative powers are embodied in the Tribal
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Legislature (also called the Business Committee), including
appropriation of all tribal moneys. All executive powers are
embodied in the Executive, including the management of the
business of the Tribe, supervision of tribal employees, enforcement
of tribal law, and expenditure of all tribal moneys. All judicial
powers are embodied in the Judiciary. Appropriate legislation
shall be adopted to provide for a tribal law enforcement agency
and other appropriate administrative agencies of the Tribe.
ARTICLE 5 – Citizen Potawatomi Nation Indian Council
Section 1. There shall be a Citizen Potawatomi Nation Indian
Council (Council). The membership of the Citizen Potawatomi
Nation Indian Council shall be all Citizen Potawatomi Nation
Indians, 18 years of age or older who have not been adjudged
incompetent by a court of competent jurisdiction.
Section 2. The Business Committee shall provide for the
Citizen Potawatomi Nation Indian Council rules of procedure,
subject to this Constitution, by appropriate legislation, and the
Citizen Potawatomi Nation Indian Council shall exercise such
authority and powers as are delegated to it by this Constitution.
Section 3. There is reserved to the Citizen Potawatomi Nation
Indian Council the authority to approve all actions of the Business
Committee, or to delegate specific authority to the Business
Committee to take particular actions, prior to any such action of
the Business Committee becoming effective, which results in:
(a)

The appropriation and budgeting of moneys of the
Council held in trust by the Tribe as the proceeds of any
claim against the United States, including interest earned
thereon for expenditure for the benefit of the tribe;

(b)

The sale of any land or interest in lands, and in
connection with the purchase of lands or interest in
lands, to authorize and cause to be executed a mortgage
or encumbrance covering or extending to property not
being purchased.
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(c)

Approval of any settlement of treaty claim of the Citizen
Potawatomi Nation against the United States.
ARTICLE 6 – EXECUTIVE OFFICERS

Section 1. The Executive Officers of the Tribe shall be the
Chairman, Vice-Chairman, and a Secretary/Treasurer who shall
serve for four year terms of office and until their successor shall be
qualified and installed in office.
Section 2. It shall be the duty of the Chairman to preside at all
meetings of the Council and the Business Committee and perform
all duties appertaining to the office, and the Chairman shall see that
the laws of the Tribe are faithfully enforced. The Chairman shall
have general supervision of the affairs of the Council and of the
Business Committee. The Chairman may veto acts of the Business
Committee, which can be overridden by a 10 vote majority of the
Business Committee, exclusive of the Chairman, within thirty (30)
days.
Section 3. The Vice-Chairman shall perform the duties of the
Chairman in his absence or during his incapacity to act as defined
by law, and shall undertake such other duties as may be assigned to
him by the Chairman or by law.
Section 4. The Secretary/Treasurer shall correctly record the
proceedings of all meetings. He shall have custody of the records
and all papers of the Council, which records and papers shall be
open to inspection during business hours, in his presence, by any
member of the Council desiring to read them. He shall keep a
correct list of all members of the Council and a correct list of all
enrolled members of the Tribe, shall authenticate all accounts or
orders of the Council and in the absence of the Chairman and ViceChairman, shall call the meetings to order until a Chairman pro
tem is selected. He shall render a written report at the annual
meeting, and at the expiration of his term of office, the records and
all papers in his possession shall be turned over to his successor.
He shall issue notices of all meetings and conduct all general
correspondence, as directed by the Council or the Business
Committee.
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The Secretary/Treasurer shall verify all moneys of the Council
for an accurate account of receipts and disbursements. The
Secretary/Treasurer shall verify all Council moneys entrusted to
his care in one or more tribal accounts as may be provided by
legislation of the Business Committee, and shall endorse all
disbursements therefrom. The Secretary/Treasurer shall require an
annual audit by a competent independent Certified Public
Accountant of all moneys of the Council - moneys formerly held in
trust by the Bureau of Indian Affairs and subsequent appreciation which shall be submitted to the General Council annually.
ARTICLE 7 – BUSINESS COMMITTEE
Section 1. There shall be a Business Committee, hereinafter
called Tribal Legislature, which shall consist of the Executive
Officers as provided in Article 6, five (5) Legislators elected from
Oklahoma, and eight (8) Legislators elected from Legislative
Districts equally apportioned, within 30%, by population in the
remaining States of the United States. Legislators shall serve four
(4) year terms of office and until their successors shall be qualified
and installed in office.
Section 2. Subject to any limitations in this Constitution, and
except for those powers expressly reserved to the Citizen
Potawatomi Nation Indian Council by this Constitution, or
delegated to another tribal entity by this Constitution, the
Legislature is empowered to enact legislation, transact business,
and otherwise speak or act on behalf of the Citizen Potawatomi
Nation in all matters on which the Tribe is empowered to act now
or in the future including the authority to hire legal counsel to
represent the Tribe, the choice of counsel and fixing of fees to be
subject to the approval of the Secretary of the Interior so long as
such approval is required by Federal law.

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ARTICLE 8 – RECALL
Section 1. The Legislature shall enact a law entitled: The
Recall and Removal Act. This legislation shall establish the
procedures to be followed in consideration of recall actions. Said
Recall and Removal Act shall contain the definitions of
misconduct in office which shall subject a tribal officer to a Recall
Election. Thereafter, this Act may be amended or repealed only by
the Citizen Potawatomi Nation Indian Council at an election
conducted pursuant to Articles 9 and 12 of this Constitution. Such
Act shall provide that not more than two recall proceedings may be
pending in the Tribal Court at any time. A recall proceeding shall
not include more than one official, unless the Court consolidates
two or more actions for a good cause shown. The Recall and
Removal Act shall include the following:
(a)

The Court, pursuant to the rules or civil procedure, shall
hear complaints brought by a person alleging misconduct
in office by members of the Legislature or Judicial
Officers of the Tribe The Court shall require, prior to
hearing any such action, that the complaining party post
a bond in such amount as the Court shall deem proper to
guarantee the costs, damages, and attorney fees of the
person complained of in the event that the recall action
was filed without probable cause to believe misconduct
in office had occurred or that the recall action was
otherwise filed in bad faith.

(b)

In any such recall action, the Court shall have power, to
hear the evidence of the complaining party or parties and
to determine whether the act or acts of misconduct in
office have been shown by clear and convincing
evidence so that a recall election should be held. If the
Court determines that a Recall Election should be held, a
two-thirds (2/3) majority of those voting in an election
held pursuant to Article 12, Section 9, shall be necessary
to recall the officer from his office. Any appeal taken of
the judgment of the Trial Court ordering a recall election
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shall be expedited by the Supreme Court.
Section 2. No person may be recalled pursuant to this Article
unless at least 5% of the members of the Citizen Potawatomi
Nation Council cast ballots in the Recall Election.
ARTICLE 9 — REMOVAL AND FORFEITURE
Section 1. The Legislature, and the Supreme Court in the case
of any judicial officers, shall remove any of its members, or a
member of the Executive branch, from office for misconduct in
office, as defined in the Recall and Removal Act, or upon
conviction of such member by any Court of competent jurisdiction
of a felony or other offense involving dishonesty or moral
turpitude, or if such member becomes ineligible to hold his office
under this constitution, by a unanimous vote of the remaining
members of that body.
Section 2. Such removal action shall be taken only upon proof
by clear and convincing evidence at a formal hearing during which
a verbatim transcript and record of the proceeding is made, and at
which the party complained of shall have the right to not less than
thirty (30) days notice, the right to counsel at his own expense, the
opportunity to cross examine witnesses against him, introduce any
evidence in his favor, and to otherwise be accorded due process of
law.
Section 3. A person removed in such a proceeding shall have
the right to appeal the removal directly to the Supreme Court upon
the record established at the hearing. During such appeal, which
shall be expedited by the Court, the officer shall be deemed
suspended but not removed from office until a final decision of the
Court. For purposes of this Article, removal of an Executive
Officer from the Legislature shall also be deemed a removal from
his Executive Office whether or not specifically stated in the
removal action.

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ARTICLE 10 – INITIATIVE AND REFERENDUM
Section 1. The members of the Citizen Potawatomi Nation
shall have the authority to enact legislation, consistent with this
Constitution’s delegation of specific powers, by petition to the
Legislature bearing the language of the proposed tribal law, the
signatures, roll numbers, and current address of at least ten percent
(10%) of the Citizen Potawatomi Nation Indian Council, provided,
that in the general election upon such proposed legislation which
shall be called by the Legislature within ninety (90) days of the
receipt of a valid petition, a majority of the voters who cast ballots
in such election vote in favor of the proposed legislation. Notice
of such referendum election shall be given to the registered voters
at least fifteen (15) days prior to such election. The Legislature
shall be bound by a vote enacting such proposed legislation into
law from the date of the election at which such legislation was
enacted until it expires by its own terms or until changed by voters
at a subsequent election.
Section 2. The members of the Citizen Potawatomi Nation
shall have the authority to reject any legislation action taken by the
Legislature by referendum petition to the Legislature bearing the
language of the tribal law sought to be rejected, the signatures, roll
numbers, and current address of at least ten percent (10%) of the
Citizen Potawatomi Nation Indian Council, provided, that in the
general election upon such legislation, which shall be called by the
Legislature within ninety (90) days of the receipt of a valid
petition, a majority of the voters who casts ballots in such election
vote against the legislation as enacted by the Legislature. Notice
of such initiative election shall be given to the registered voters at
least fifteen (15) days prior to such election. If the legislation is
rejected by such vote, that enactment is null and void as of the date
of referendum.

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ARTICLE 11 – COURT
Section 1. The judicial power of the Citizen Potawatomi
Nation is hereby vested in one Supreme Court consisting of seven
(7) Justices and such inferior courts as may be established by
Tribal law.
Section 2. The Courts of the Citizen Potawatomi Nation shall
be courts of general jurisdiction and shall further have jurisdiction
in all cases arising under the constitution, laws, and treaties of the
Citizen Potawatomi Nation. The Supreme Court shall have original
jurisdiction in such cases as may be provided by law, and shall
have appellate jurisdiction in all cases.
Section 3. The Tribal Courts, in any action brought before
them, shall have the power of judicial review, in appropriate cases,
in order to declare that legislative enactments of the Legislature or
the Council, are unconstitutional under this Constitution or
prohibited by Federal statutes and void. In such cases, the Court
shall have the authority to declare such act void and to issue
injunctive relief. In cases initiated by the Tribal Chairman prior to
enforcement of a legislative act, the court shall rule presuming a
case in controversy.
Section 4. The Supreme Court Justices and Tribal Court
Judges shall be selected by the Legislature and confirmed by the
Citizen Potawatomi Nation Indian Council at a general election
called for that purpose, and shall serve six (6) year terms and until
their successor be duly confirmed and installed. At the expiration
of such term, each Justice or Judge may, at his option, be
considered for reconfirmation to a new term by the Council.
Section 5. Vacancies in Tribal Judicial Offices may be filled
by appointment of the Legislature for the remainder of the
unexpired term. Such appointment shall be valid for not more than
one hundred twenty (120) days unless the Citizen Potawatomi
Nation Indian Council confirms the appointee to complete the
remainder of the unexpired term. If no Citizen Potawatomi Nation
Indian Council election is called to act upon such appointment
within the one hundred twenty (120) day period, the appointment
of that person shall not be renewed.
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ARTICLE 12 – ELECTIONS
Section 1. The Chairman, Vice Chairman and
Secretary/Treasurer shall be elected to a four (4) year term of
office and until their successors be qualified and installed in office
by a majority vote at an election to be conducted by secret ballot,
with absentee voting, on the date of the annual Citizen Potawatomi
Nation Indian Council meeting. All elections shall be conducted
pursuant to an Election Ordinance adopted by the appropriate
legislation of the Citizen Potawatomi Nation Legislature. At the
time of their election they shall be not less than thirty-five (35)
years of age, and residents of the State of Oklahoma not less than
six (6) months prior to taking office, and not have been convicted
of a felony or other serious crime involving incarceration for moral
turpitude in any court of competent jurisdiction, or have been
incarcerated for a crime for more than six (6) months within ten
(10) years previous to the date of the election, unless pardoned.
Section 2. No person shall be allowed to run for, or hold, more
than one (1) elected tribal position at any one time.
Section 3. The Legislature serving at the time of this
Amendment shall adopt legislation within ten (10) days of
adoption of this Amendment describing eight (8) Legislative
Districts of equal proportion, within 30%, of members of the
Citizen Potawatomi Nation Indian Council living outside of
Oklahoma. They shall be numbered one (1) through eight (8) for
those Legislative Districts outside of the State of Oklahoma and
nine (9) through thirteen (13) for those Legislators within the State
of Oklahoma.
Section 4. In order to provide for staggered terms of office, in
a special election held within 120 days of the adoption of this
Amendment in which eleven (11) Legislators will be elected, one
(1) Legislator’s first term shall coincide respectively with the term
of office of the former Councilman #1 and both of whom shall, at
the time of their election and thereafter, be residents of the State of
Oklahoma. Two (2) Legislators’ first term shall coincide
respectively with the terms of office of the former Councilman #2
and all three of whom shall, at the time of their election and
thereafter, be residents of the State of Oklahoma. Four (4)
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Legislators’ first term of office shall coincide with the term of
office of the Tribal Chairman and all four (4) Legislators shall, at
the time of their election and thereafter, not be residents of the
State of Oklahoma. Four (4) Legislators’ first term of office shall
coincide with the terms of office of the Vice Chairman and the
Secretary/Treasurer, and all four (4) Legislators shall, at the time
of their election and thereafter, not be residents of the State of
Oklahoma. Business Committee members in office at the time of
this Amendment will serve out their terms of office and may stand
for reelection at the next regular election.
Section 5. Legislators whose first term of office expires at
the same time as the Tribal Chairman shall reside, one each, in
Legislative Districts 1,2,3 and 4. Legislators whose first term of
office shall expire at the same time as the term of office as the
Tribal Vice Chairman and Secretary/Treasurer shall reside, one
each, in Legislative Districts 5,6,7 and 8. Legislators who live in
Oklahoma shall be Legislators 9, 10, 11, 12 and 13.
Section 6. Apportionment of the Legislative Districts and any
boundary changes necessary to reflect reapportionment shall occur
every ten (10) years, after the initial apportionment and boundary
descriptions set by appropriate legislation of the Legislature
serving at the time of the adoption of this Amendment.
Section 7. The newly elected officers shall be installed
immediately upon their election or at such time as may be provided
in the Election Ordinance approved by the Council, or as soon
thereafter as any period provided by law for a challenge to the
election has expired or as soon thereafter as any dispute regarding
the election be finally resolved as provided by law.
Section 8. The incumbent officers as of the date of adoption of
this Constitution shall continue to serve until the normal expiration
of their terms as provided for in Section 3 of this Article, and the
election held upon expiration of those terms shall be the first
regular election held pursuant to this Constitution.
Section 9. Special elections for the Recall of Tribal Officials
shall be conducted on order of the court by an independent
Election Board to be established pursuant to a Recall Election
Ordinance prescribed by the Legislature and concurred on by the
Council, provided that at least 5% of the members of the Citizen
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Potawatomi Nation Indian Council, must vote in order for the
Recall Election to be valid. Other special elections shall be
conducted by the Election Board as required in Article 9 or Article
12, or upon request by resolution of the Legislature.
ARTICLE 13 – MEETINGS OF THE COUNCIL
Section 1. Annual meetings of the Citizen Potawatomi Nation
Indian Council shall be held on the last Saturday of June of each
year for receiving reports and any other business which may come
regularly before the Council. The purpose of the Citizen
Potawatomi Nation Indian Council meetings shall be to give
information and to discuss any matter pertaining to the Citizen
Potawatomi Nation. Any actions taken with respect to the authority
reserved to the Council by this Constitution shall be made only by
a subsequent election held in accordance with, and within the time
specified in the Election Ordinance, which election shall be open
to all members of the Council.
Section 2. Such meeting shall be held at the Tribal Office
Building designated for that purpose at the Citizen Potawatomi
Nation Capital Complex south of Shawnee, Oklahoma, unless
some other point under the jurisdiction of the Citizen Potawatomi
Nation is specifically designated in the call.
Section 3. Special meetings of the council may be called at the
discretion of the Chairman, and shall be called by him upon the
written request of the majority of the Legislature or the written
request of five percent (5%) of the members of the Council.
Section 4. The principal object of the special meeting must be
stated in the call for same and may include the words “and for the
discussion of other business that may be presented.” Unless these
words are added, no other business can be discussed except for the
object stated in the call. Any actions taken with respect to the
authority reserved to the Council by this Constitution shall be
made only by a subsequent election held in accordance with, and
within the time specified in, the election ordinance, which election
shall be open to all members of the Council.
Section 5. Notice of meetings of the Citizen Potawatomi
Nation Indian Council shall be given through all appropriate means
13

by the Secretary/Treasurer of the Nation at least ten (10) days prior
to the date of such meeting.
Section 6. The agenda for each meeting of the Citizen
Potawatomi Nation Indian Council shall be compiled by the Tribal
Chairman. Following completion of discussion on all agenda
items other tribal business may be discussed, subject to the
requirements of Section 4 of this Article.
Section 7. As required, following the meetings of the Citizen
Potawatomi Nation Indian Council, the election board shall
conduct an election pursuant to the election ordinance to decide the
issues approved by the Council.
ARTICLE 14 – MEETINGS OF THE LEGISLATURE
Section 1. The regular meetings of the Legislature shall be
held the last Thursday in February, May, August, and November
unless otherwise provided by resolution.
Section 2. Special meetings of the Legislature may be called
by the Chairman at his discretion, and shall be called by him upon
the written request of nine (9) members of the Legislature.
ARTICLE 15 – VACANCIES
Section 1. The Chairman, subject to the approval of the
majority of the remaining members of the Legislature, whether or
not the number of remaining members would constitute a quorum
shall have the authority to appoint persons to fill any vacancies in
any elective office on an interim basis until the next regular
election at which time a person shall be elected to serve the
remainder of the unexpired term or for a new term in its regular
order as the case may be.
Section 2. In case of vacancy in the office of Chairman, the
Vice-Chairman shall succeed at once to the office of the Chairman
until the next regular election at which the office of Chairman shall
be filled for the remainder of the unexpired term or for a new term
in its regular order as the case may be.
Section 3. During the period in which the Vice-Chairman
serves as Chairman under these circumstances, the Vice14

Chairman’s office shall not be considered vacant and he/she shall
return to serve the unexpired portion of his/her own term of office
(if any) upon election and installation of a Chairman. Should the
Vice-Chairman be elected, to the chairmanship, his vacancy shall
be filled according to Article 12, Section 1.
ARTICLE 16 – RIGHTS OF PERSONS
Section 1. The Citizen Potawatomi Nation shall not:
(a)

Make or enforce any law prohibiting the free exercise of
religion, or abridging the freedom of speech, or of the
press, or the right of the people peaceable to assemble or
to petition for a redress of grievances.

(b)

Violate the rights of the people to be secure in their
persons, houses, papers, and effects against unreasonable
searches and seizures, nor issue warrants, but upon
probable cause, supported by oath or affirmation, and
particularly describing the place to the searched and the
person or thing to be seized.

(c)

Subject any person for the same offense to be twice put
in jeopardy.

(d)

Compel any person in any criminal case to be a witness
against himself.

(e)

Take any private property for a public use without just
compensation.

(f)

Deny to any person in a criminal proceeding the right to
a speedy and public trial, to be informed of the nature
and cause of the accusation, to be confronted with the
witnesses against him, to have compulsory process for
obtaining witnesses in his favor, and at his own expense
to have the assistance of counsel for his defense.
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(g)

Require excessive bail, impose excessive fines, or inflict
cruel and unusual punishment.

(h)

Deny to any person within its jurisdiction the equal
protection of its laws or deprive any person of liberty or
property without due process of law.

(i)

Pass any bill of attainder or ex post facto law.

(j)

Deny to any person accused of an offense punishable by
imprisonment the right, upon request, to a trial by jury of
not less than six (6) persons.
ARTICLE 17 – QUORUM

Section 1. Nine (9) members of the Legislature shall constitute
a quorum at any meeting.
Section 2. Five percent (5%) of the members of the Citizen
Potawatomi Nation Indian Council shall constitute a quorum to
transact business at a meeting. Should a quorum not be achieved
at a duly-called meeting of the Council, the Legislature may
initiate a referendum election on any agenda items which require
action by the Council under the authority reserved to it by this
constitution.
Such referendum election shall be conducted
pursuant to the provisions of the election ordinance.
ARTICLE 18 – TRIBAL ENACTMENTS
Section 1.
All final decisions of the Council on
constitutionally delegated matters shall be embodied in resolutions
approved by a referendum election to be held within ninety (90)
days. Every resolution of the Council shall begin with the words,
“Now, therefore be it resolved by the Council of the Citizen
Potawatomi Nation”.
Section 2. All final decisions of the Legislature on matters of
temporary interest or matters relating to particular circumstances,
officials, or individuals shall be embodied in resolutions. Every
resolution of the Legislature shall begin with the words, “Now,
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therefore be it resolved by the Legislature of the Citizen
Potawatomi Nation”.
Section 3. All final decisions of the Council of the Citizen
Potawatomi Nation upon ongoing matters necessary to the orderly
administration of its delegated powers and authority shall be
embodied in ordinances, which may be called statutes, approved
by a referendum election held within ninety (90) days. Every
ordinance shall begin with the words, “Be it enacted by the
Council of the Citizen Potawatomi Nation”.
Section 4. All final decisions of the Legislature of the Citizen
Potawatomi Nation upon ongoing matters necessary to the orderly
administration of tribal affairs, or having general or continuing
application shall be embodied in ordinances, which may be called
statutes. Every ordinance shall begin with the words, “Be it
enacted by the Legislature of the Citizen Potawatomi Nation”.
ARTICLE 19 – AMENDMENTS
Amendments of this Constitution may be proposed by a
unanimous vote of the Legislature or by a petition signed by thirty
percent (30%) of the members of the Tribal Council, shall be
submitted to a referendum vote of the members of the Tribe, and
shall be effective if ratified by a 2/3 majority vote of those
registering and voting in an election called for that purpose under
the supervision of the Election Committee.
ARTICLE 20 – SAVINGS CLAUSE
Any previous ordinances or resolutions enacted by the Tribe
shall continue in full force and effect to the extent they are not in
conflict with this Constitution unless revoked or amended in the
future.

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ARTICLE 21 – RATIFICATION
This Constitution, when ratified by a majority vote of the
qualified voters of the Citizen Potawatomi Nation voting at an
election called for that purpose, in which at least thirty percent
(30%) of those entitled to vote shall cast their ballots, shall be
effective from the date of ratification.

18

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Acitizen_potawatomi%3A173fc3f01466cfb3. Public record. Not legal advice.