TILDEN MCCOY + DILWEG, LLC (2007)

Tribal code

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MARK U. TILDEN

TILDEN MCCOY + DILWEG, LLC

\Vi t h

NATIVE AMERICAN RIGHTS FUND

Tribal Constitution Handbook

Native American Rights Fund's Tribal Constitution Handbook

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Publications/National Indian Law Library

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During my employment at the Native American Rights Fund (NARF), I conceived of the idea to

develop and publish this Practical Guide based on my work at NARF with my tribal clients in the

area of tribal constitutional law. In addition, NARF often received requests for assistance, and

still does, for such work. The requests clearly indicated an unmet legal need in Indian country

with respect to developing and fostering sound tribal constitutional law. I commenced the work

on the Practical Guide in 2006, then departed NARF in January, 2010, but continued my work in

conjunction with NARF until the Practical Guide was finished.

I would like to thank my colleagues at NARF whose contribution and funding has made this

publication possible. In particular, I'd like to thank former NARF attorney Yvonne Knight

(Ponca) whose tribal constitution work provided the starting point for this publication. I have

incorporated on a significant level into this publication her work throughout the book. During her

35 years of working at NARF, she was an outstanding warrior for Indian peoples and her tribal

clients. She represented them with such passion, dedication and skill. Her contribution to Indian

law, including the contribution to this publication, is a legacy to her dedication to the

development of Indian law. She is such a good lawyer.

I'd also like to thank my former secretary Joanne Soklin who had the tedious task of typing up

the material. It took so many hours over a long period of time. My tribal clients enjoyed the

benefits and the users of this publication will do the same. For that, I extend my appreciation. I'd

also like to thank David Selden, the Law Librarian at the National Indian Law Library, whose

tremendous assistance in preparing this publication shows his true devotion to Indian peoples. I'd

also like to thank Don Wharton, a NARF Senior Staff Attorney, for his input and editorial

assistance in pulling together the material and editing it for final publication.

And thank you to Amy Hayes for the beautiful cover design, Walt Pourier ofNakota Designs, for

the internal graphics, and Allison Sylvest for helping with the editing. Also, thanks to Brandy

Toelupe and Kalei Tripp for their research assistance. Brandy is an attorney with the law firm of

Tilden McCoy + Dilweg, LLC. Finally, a special thank you to my tribal clients for offering me

the opportunity to work for them, especially on their constitution projects. It is an honor.

s:l

I. Introduction ................................................................................................................................ 2

II. General Background ................................................................................................................ 7

III. Draft Articles ......................................................................................................................... 12

Preamble ................................................................................................................ 17

Name ...................................................................................................................... 25

Jurisdiction ............................................................................................................. 29

Membership ........................................................................................................... 37

Elections ................................................................................................................. 59

Tribal Government Powers .................................................................................... 84

Ethics in Tribal Government.. .............................................................................. l12

Tribal Governing Body ........................................................................................ 121

Executive and Legislative Powers ....................................................................... 125

Duties of Officers ................................................................................................. 153

Vacancies and Removal ofTribal Officials ......................................................... l77

Procedures of the Governing Body ...................................................................... 206

Tribal Judiciary .................................................................................................... 254

Rights of Individuals ............................................................................................ 265

Initiative and Referendum .................................................................................... 281

Non-Impairment of Contracts .............................................................................. 303

Amendments ........................................................................................................ 307

Certificate of Results of Election and Savings .................................................... 321

IV.

Sample Constitutions ..................................................................................................... 331

Constitution of the Absentee-Shawnee Tribe oflndians of Oklahoma ............... 332

Constitution of the Jamestown Klallam Tribe of Indians .................................... 352

Constitution ofthe Timbisha Shoshone Indian Tribe .......................................... 364

Constitution ofthe Mohegan Tribe oflndians ofConnecticut.. .......................... 393

Nation Building. Those words define the relentless efforts of tribal peoples to build a

solid foundation for their tribal governments. A tribal constitution can provide the bedrock upon

which to build a strong and prosperous tribe, both as a peoples and a government. This Practical

Guide is intended to guide the user through a number of considerations when writing or revising

a tribal constitution in order to foster and generate ideas on the kinds of mechanisms that may

work for the particular tribe's governance structure.

I encourage you, in the process of figuring out what will work, to consider the legacy of

colonialism, IRA constitutions, the federal policies of warfare, assimilation and termination, or

other such historical events and their effect on tribes and how it ultimately changed how tribes

governed themselves. From my perspective, it is important to understand those events, especially

federal efforts in the 1930s when many tribes adopted a constitution under the Indian

Reorganization Act (IRA), in order to gain an understanding of the reasons why those

constitutions contain certain provisions and why they may no longer be relevant in contemporary

times. This understanding may also help you to avoid replicating those problematic areas if your

tribe is adopting a constitution or revising its existing constitution.

As a backdrop to your work on a tribal constitution, the most fundamental act of tribal

sovereignty is the adoption of a form of government that is an expression of your tribe's cultural

identity, values and beliefs. Formation of a government that is a reflection of your tribal

community's understanding of the fundamental laws that inform its world view, the

community's system of decision making and allocation of authority is an arduous task. There are

two parts to understanding the process for undertaking the creation or reformation of a tribal

governance system under a tribal constitution. One is a community based process that ensures

the legitimacy of the result. The other involves the nuts and bolts of assuring that the governance

structure incorporates all the essential elements necessary to perform the functions of an operable

government.

Community process and input for adoption or reformation of a constitution or other

system of governance must ensure legitimacy in the results. Structuring a tribal governance

system that is a genuine reflection of a tribe's culture, language and values requires incorporating

ample input, review and accord with the result by all the various constituents of the community.

It may be more difficult where the process must overcome historical animosities or rivalries

within the community. Thus, a process that has a neutral arbiter to convene meetings and

manage the integrity of the process may be desired. It is, however, far better for the community

to institute its own process for consensus that incorporates the core cultural traditions and values

of that community that will likely be reflected in the final governance structure. An extensive

community process that assures opportunity for involvement and the assurance of legitimate

feedback may be seen as a three step process:

Accept that adoption of reform of a governmental structure needs to be done, and

such reform must have legitimacy in the eyes of the community, rather than a few

individuals. The community must see it as an opportunity to explore the possibilities for

a better tomorrow through the adoption and implementation of a strong constitution

reflecting the values ofthe tribal community.

Adopt a community-authenticated process that will assure legitimacy of the result.

Emphasize community review, comment, edits and approval from start to finish.

I offer a few practical considerations. At the outset, a group of interested individuals from

the community must be assembled to prepare recommendations to the tribal community. This

group often will call itself such names as a constitution committee, taskforce or commission. The

constituents of the group will vary, depending on the inclinations and needs of your tribe.

Sometimes it may be the governing body of the tribe, a committee of the governing body, a

group of tribal members or a combination of various individuals representing different parts of

tribal government and the community. You should be sure to include individuals who are

prepared to devote a considerable amount of time to the process for a long time, even years. In

some ways, it is disruptive to the process to have individuals come and go since it takes time to

educate new individuals about what has already been discussed and decided. It makes it easier

when presenting your recommendations to the tribal community to have individuals who have

knowledge of the process from beginning to end.

From beginning to end, I recommend including every segment of your tribal community

in the process. This inclusive process may involve inviting groups such as the elders, women's

groups, medicine people, youth groups, clan leaders, traditional leaders such as a chief, tribal

governmental officials or entities such as a representatives from the tribe's gaming enterprise,

police and fire departments, housing entities, ICWA program officials and tribal leaders. This

inclusive process can be done at appropriate times. For example, if you're considering the

judiciary, then you may want to invite individuals from the community that serve the role of

traditional peacemakers, judges and other personnel from the courts, police officers, probation

officers, juvenile justice program staff, ICWA staff, social workers, the judiciary committee of

the governing body, youth groups and any other interest group that interacts, or would interact,

with the tribal judiciary.

Aside from receiving input from the tribal community, you may want to seek the advice

of professionals such as lawyers, even to consider a single issue such as election law, especially

if you're creating or re-evaluating districts. Other possible experts you may want to consult

include an anthropologist or sociologist who can help in the area of defining social contact issues

related to evaluating whether a person is a member of the tribal community under a proposed

membership criteria that uses that standard or local judges to explain the role of a judicial branch

of government and a judge's day-to-day activity in order to give perspective. These are a just few

examples.

In the end, when presenting to the community, there are options to consider. The group

that invested their time and effort may want to present their findings and recommendations to the

community. The governing body may want to undertake the task. If disagreements of whatever

nature exists in the community, the group and/or governing body may feel that a neutral party is

needed to moderate the community presentation. In this way, any hostilities related to longstanding controversial issues or personality differences between individuals or groups are

minimized and the process can progress more easily. There may be other options for the

presentation to the community depending on your tribe.

Turning to the handbook, it has been compiled to assist a tribe in reviewing and revising

its constitution and bylaws or in drafting a new constitution. The handbook presents information

and ideas on each article for a tribe to consider so it can make informed decisions. Based upon

such considerations, a tribe can identify existing sections of its constitution and bylaws needing

revision and/or consider a suggested provision in its new constitution, proceed to revise old

sections or tailor the language in its new constitution, and coordinate them into a complete

document for public comment by its tribal members. It also gives examples for each article from

a variety of tribal constitutions to present a comprehensive view of possibilities, to present

information on tribal government, to summarize information, and to present information

generally on tribal constitutions.

An Indian tribe can be defined in two ways: (1) as a society of people bound together by

a common history and culture, and (2) as a government.

At the outset, a tribe must recognize that many of the constitution provisions that will be

revised, or adopted, will be based upon the form of government it adopts. This handbook

assumes that a separation of power exists, or will exist, in the tribal government. In particular, it

focuses on the constitution required in the establishment of a two-branch government. Thus,

certain articles contained in this handbook might change significantly if a form of government

based on a three-branch government, a government with no separation of powers, theocracy, or

other forms are adopted by it.

The task of revising or drafting a constitution is an act of self-governance, an exercise of

inherent tribal sovereignty. It is a difficult task. The tribe must decide on a framework of its

government and then it must decide on the many details, the constitutional provisions that will

form the structure of the government. The tribe must at all times consider how its plan will

operate in reality and long into the future. Thus, the task requires a great deal of foresight and

creativity, as well as the time to make the many detailed decisions required. Hopefully, the

efforts of the tribe will ultimately result in a tribal constitution that will serve it well for a long

time.

I wish you the best in your endeavors.

Mark C. Tilden

Tilden McCoy + Dilweg, LLC

Research help is available from the National Indian Law Library. The National Indian Law

Library at the Native American Rights Fund is available for research assistance relating to

drafting tribal law. Visit the library's Tribal Law Gateway at:

http://www.narf.org/nilVtriballaw/index.htm or contact the library for free assistance:

National Indian Law Library

Boulder, Colorado

303-447-8760

dselden@narf.org

)

A. The Importance Of A Constitution To The Sovereignty of Tribal Governments

Tribes, Pueblos, and Alaskan Villages (tribe) are sovereign governments whose inherent

sovereignty has existed since time immemorial. This sovereignty includes the authority of the tribe

to exercise its powers over its members and territory. The extent of the exercise of that sovereignty

may be limited by the imposition of federal laws and case decisions, not because the tribes have

surrendered their sovereignty, but because the superior military strength of the federal government

makes acquiescence to that power irresistible.

Tribal ability to protect and exercise their sovereignty may be limited by two separate

sources. The foundational principle of federal Indian law is that tribes retain the right to exercise all

their powers of sovereignty except those that have been expressly limited by the laws of the United

States. The first source of limitation is, therefore, the imposition of limits by the United States

through either statutes or case decisions. In addition to a limitation on the powers of the tribe,

federal laws can result in expanding the application of the laws of state and local governments on the

people and activities within the tribe's territory. This externally imposed limitation is ever evolving

and requires continuous vigilance by tribes to seek to limit provisions in federal legislation or cases

brought before the federal courts which could result in further limitations on tribal sovereignty. The

second is more subtle and involves the failure of a tribe fully to express and exercise its powers of

self-government. This failure is occasionally expressed in constitutional provisions, most often seen

in constitutions adopted pursuant to and shortly after the passage of the Indian Reorganization Act of

1934 (IRA), that subject tribal sovereignty to "approval" or oversight from the Secretary of the

Interior or other self-imposed limitations.

A significant protection for tribal sovereignty is the insulation of the tribes and their members

from the imposition of state and local laws on the people, property and activities within Indian

Country, including all lands legitimately set aside under federal supervision. These protections are,

however, available to tribal governments that are "recognized" as having a government-togovernment relationship with the United States. The experience of non-recognition has shown that

without the protection of federal laws, tribal governments and tribal sovereignty struggle to protect

their rights, territory and members from the imposition of laws by the stronger and significantly

more populous state and local governments. Thus, federal recognition of a tribal government grants

to a tribe federal protection from imposition of most state and local laws and the right to the exercise

of its tribal sovereignty.

The second danger to tribal sovereignty, namely the failure of a tribe to establish a

government empowered to and capable of exercising fully and fairly the powers of government, is

probably a greater danger than the first. It occurs gradually without the drama that accompanies

the sudden effect of the passage of a federal law or issuance of a federal court decision. Therefore,

it is not as easily recognized as the first danger and results when two situations are allowed to

occur in a tribe's government. First, when a tribal government is restricted by its tribal constitution

in its authority to exercise the powers of self-government, it is unable to fully serve the needs and

wants of its tribal peoples. Inevitably, services the tribe requires but the tribal government cannot

provide will be provided by other governments. If the federal government fills that role, then tribal

government loses one of its most important reasons for existence and, thus, a great deal of its

importance to its tribal peoples. If the state and local governments fills in instead, then they

establish claim to the gratitude and loyalty of the tribal peoples as well as a claim that certain

duties are owed by the tribal peoples to that government in return for the services provided. Thus,

to the extent that a tribal constitution inhibits its own powers and relinquishes them to external

governments increases, a tribe's ability to exercise its own sovereignty and the ability of the tribal

leadership to govern diminishes.

Second, tribal peoples are likely to become dissatisfied with a tribal government that is

disrespectful of what they consider to be basic rights of tribal members. When this situation

occurs to any great extent, internal disorder may result in an invitation to the federal government

to interfere in tribal governance to substitute their judgment for that of the tribe concerning what

is the greatest good of the tribal people.

The best protection from this second danger is the drafting and adopting of a constitution

designed to express the fullest possible exercise of tribal powers of self-governance, while

providing the fullest possible protection for tribal members against misuse of that power. This is

especially true for a constitution that is the full expression of the will of the tribal membership

resulting from a process of expensive consultation and validation.

A tribal constitution is an important document that is the expression of the basic values and

beliefs of a people, which can make tribal sovereignty a reality in their daily lives. It can facilitate

the fullest possible exercise of the tribe's sovereign powers of self-governance to serve the needs

and wants of its tribal members. It can assure its tribal members that their government will be a

reflection of their culture and beliefs, be responsive to their will and fair in its dealings with them.

B. Government By Constitution -Basic Principles and Guidelines.

1. The Role of Government.

Generally governments are formed for two purposes. The first is to enable a group of people

to resolve their differences and to find acceptable solutions to their common problems so that the

people can live together as a community and as a tribe in peace and security. This is the political

function of government. The second purpose for establishing a government is to provide certain

services. For example, police protection, fire protection and recreation can be provided by a

government more economically or effectively than by individuals or private agencies. The

government provides services such as sewage disposal, zoning, licensing or protection of public

health because individuals or private agencies cannot or have no authority to provide such services.

This is the service function of government. A government should be well structured to perform both

the political and the service functions.

To enable the government to accomplish these purposes, the people grant to the government

those powers that they believe to be necessary. The powers may be broad in scope, giving the

government flexibility to respond to the needs of the people. Alternatively, the powers may be

enumerated and narrowly defined, thus limiting possible abuses of power, but also limiting the

flexibility of the government to respond to the needs of the people.

Powers granted to the agencies of government are exercised through constitutional provisions

or through the adoption of laws. But laws are not effective until two and sometimes three of the

following actions are taken:

(1) The law is enacted- by the legislative arm of the tribe;

(2) The law is enforced or put into effect- by the executive arm of the tribe; and

(3) If necessary, the meaning or scope of the law is interpreted or clarified- by the judicial arm of

the tribe.

Each of these actions is a power in itself. Each is a necessary step in the exercise of

governmental powers. If one unit of government is granted the authority to take all three of these

actions, it has the authority to exercise all governmental powers. No separation of government

powers exists in this form of government. Complete authority in one unit of government has the

potential to lead to abuse of such powers. This has persuaded many tribal communities to divide

their government into more than one branch, each branch having authority to perform one, or at the

most, two of the above these actions. The most obvious example of this is the Constitution of the

United States, which has three branches, each granted the authority to perform one of the three

actions: Congress enacts laws, the President's office enforces them, and the federal courts interpret

them. Many smaller governments such as cities, which possess lesser powers than the government of

the United States or a state, are governed by a council which possesses the authority to both enact

and enforce laws. Many tribes also have a governing body with a tribal council with this dual

authority, while tribal courts have the power to interpret or clarify the tribal law.

2. The Role of the Constitution.

A constitution is the basic operating plan for a government. It contains the essential parts of

the plan that, in the judgment of the people, will best carry out the purposes for which the

government is established.

Generally, a constitution should do the following:

(1) Establish a government that responds to and reflects the will of the tribal peoples;

(2) Establish the structure by which the powers granted to the government can be best exercised for

the welfare of the tribal peoples; and

(3) Establish protections for the tribal peoples against misuse of power by the government.

It is not the role of a constitution to attempt to resolve all the current problems of society.

That is the role of the government once it is established by a constitution. The government will be in

a much better position to study the problems of the community and to decide upon the best solutions

to fix them. The government will also be in a better position to repeal or revise those solutions if

they are not working. And, finally, the government will be able to respond much more quickly to

resolve the changing problems or priorities of the community.

Thus, in addition to establishing the basic operating plan or structure of the government, a

tribal constitution should include only laws that are intended to be permanently binding on the tribal

government or on the tribal peoples. Such laws would include those that guarantee certain

fundamental and basic rights of individuals and of the tribe, such as freedom of speech and religion,

and the right to prevent sales of tribal land. Because a constitution is difficult to change, such rights

will have an extraordinary kind of protection granted by such provisions, and assure the stability

desired of governmental structure.

***

This Practical Guide contains a preamble and eighteen articles of a proposed constitution.

Each article has several sections. The first section of each article discusses considerations that

should be taken into account in drafting the article. The considerations are followed by the existing

provision, if any, contained in the tribe's current constitution (and by-laws) that is under revision

and are filled in by the drafters of the revision. A suggested provision follows. It is important to

recognize that the suggested provision is just that - a suggestion. The suggested provision is a

starting point to initiate the discussion and deliberation surrounding each Article. As the

discussion progresses, it is likely to tum to the specifics needs of the tribe which will lead to the

drafters tailoring the suggested provisions to meetthe unique needs of the tribe.

To foster and enhance the discussion and deliberation, each article includes a number of

examples from other tribal constitutions (and by-laws) that are listed after the suggested provision

to give the user a broad perspective of the many possibilities to consider. A few of the draft articles

contain additional, self-explanatory sections. Part IV contains four sample constitutions to help

offer the user a sampling of constitutions ranging from the early twentieth century to the present

time. The reader is encouraged to contact the National Indian Law Library, a subsidiary of the

Native American Rights Fund, which contains a collection of tribal constitutions to obtain more

constitutions or other reference materials in order to help in your efforts to draft or revise a tribal

constitution. In the end, it is important to keep in mind that any language considered should be

strictly tailored to meet the tribe's needs. The following is a summary explanation of the preamble

and seventeen articles.

Article A.

Preamble. The preamble states at the beginning of the Constitution those basic and

fundamental purposes for which the Tribe is establishing the government as set

forth in the Constitution.

Article B.

N arne. This Article sets forth the name of the Tribe.

Article C.

Jurisdiction. This Article sets forth the tribal government's authority to exercise

its sovereign powers over its territory and members.

Article D.

Membership. This Article establishes those basic requirements that a person must

meet to be a member of the tribe. It also provides that no person is eligible to be a

tribal member if that person is enrolled in another Indian tribe. If any tribal

member voluntarily relinquishes (resigns) tribal membership that person is

ineligible to reapply for membership for a period of years from the date of such

relinquishment.

Article E.

Elections. This Article generally sets forth procedures for the conduct of elections.

It establishes an election board separate from the control of the tribal governing

body. It also requires an election ordinance to be enacted to deal with each of the

several types of tribal elections and also includes such provisions as on-going voter

registration, majority voting, absentee voting and secret balloting. It includes a

provision that will govern the first election under a new Constitution.

Article F.

Tribal Government Powers. This Article can establish a separation of tribal

government powers between the Governing Body and Tribal Judiciary. Ifthe tribe

is a non-recognized tribe and is later recognized, then the separations of powers

will be effective upon the appointment of the three Judges of the Tribal Supreme

Court. This Article defines those tribal powers which the Governing Body and

Tribal Judiciary are authorized to exercise. The Governing Body is authorized to

exercise all power now vested in, or which in the future may be vested in, the tribe,

excepting powers of the Tribal Judiciary. The Tribal Judiciary is authorized to

exercise all tribal judicial powers. This Article also includes an ethics provision

prohibiting tribal public officials from participating in decision-making in which

they have a conflict of interest.

Article G.

Ethics In Tribal Government. This Article, to be considered with Article F,

prohibits public officials from participating in decision-making in which they have

a conflict of interest.

Article H.

Tribal Governing Body. This Article establishes the number of members of the

Governing Body to be elected including the Chairperson, Vice-Chairperson,

Secretary and Treasurer (other titles may apply) and how such members are

elected, the qualifications for a tribal member to run for elective office, the terms of

office for such elective office, and the officers of the governing body.

Article I.

Executive & Legislative Powers. This Article, to be considered with Article H,

defines those tribal powers that the Governing Body is authorized to exercise.

There are two options: first, the Governing Body may be authorized to exercise any

and all power now vested in, or which in the future may be vested in, the Tribe,

except as limited by the tribal constitution or federal law. Second, the Governing

Body may be authorized to exercise only certain enumerated tribal powers with all

other powers, including future tribal powers, reserved to the members of the tribe.

The tribal members may, by future constitutional amendments, authorize the

Governing Body to exercise certain of these reserved powers.

Article J.

Duties of Officers. This Article sets forth the duties of the governing body's

officers: the Chairperson, Vice-Chairperson, Secretary and Treasurer (other titles

may apply). If other offices or committees are established, the Governing Body will

set forth their duties in the resolution that establishes the office or committee.

Article K.

Vacancies and Removal of Tribal Officials. This Article provides for the

removal of elected tribal officials from office. There are three methods for

removing tribal elected officials from office before their term expires: recall,

expulsion, and automatic forfeiture. The recall provision provides a means by

which the registered voters of the tribe may by petition force an election to be held

to decide whether a specific elected official should be removed from office. The

expulsion provision allows elected tribal officials to remove for cause from office

another tribal elected official. The automatic forfeiture provision provides that a

tribal official automatically forfeits his office if he dies, resigns, or is convicted of a

major crime. It also provides for the filling of vacancies in office. This Article is

inapplicable to the tribal judiciary. It also includes a provision explaining the

succession to the head tribal leader's office in the event it becomes vacant.

Article L.

Procedures of the Governing Body. This Article sets forth procedures for the

conduct of meetings of the Governing Body including regular meetings, special

meetings, emergency meetings, open meetings, and voting. It provides that the

Governing Body shall enact a tribal law establishing procedures for adopting,

amending, or rescinding ordinances, resolutions and motions, and handling of tribal

records. It sets forth posting procedures that the Governing Body must follow in

posting any notice or other document as required by the constitution or by tribal

ordinance.

Article M.

Tribal Judiciary. This Article describes the structure of the tribal judiciary as

composed of one supreme court consisting of three judges, and such lower courts as

established by the governing body. It explains that the supreme court will have

jurisdiction over appeals from lower tribal courts. It provides for appointment of

judges: lower court judges for a term ofyears and supreme court judges for a term

of years. It states that tribal judges will receive for their services a reasonable

compensation. It sets forth qualifications to hold a judgeship and criteria for

ineligibility. It provides for removal of judges for cause and under what

circumstance an office of a tribal judge becomes automatically vacant. The

supreme court is authorized to establish written rules of court procedures and ethics

for all tribal courts. It must also implement a system of record keeping. The

Governing Body is to give priority to funding the Tribal Judiciary and is to enforce

this Article by ordinance.

Article N.

Rights of Individuals. This Article places certain limitations upon the exercise of

tribal powers by the tribal government by conferring civil rights upon individuals.

The civil rights listed are very similar to the Bill of Rights of the United States

Constitution and include rights such as free exercise of religion, freedom of speech,

and the right to be free against unreasonable search and seizures. There is a

provision that explains that the civil rights listed are not exclusive.

Article 0.

Initiative and Referendum. This Article sets forth the initiative and referendum

provision. An initiative allows one or more tribal members to initiate a law drafted

by them and to put that law to a vote of tribal voters, thereby bypassing entirely the

governing body. A referendum allows one or more tribal members to require the

Governing Body to refer a tribal law for approval by tribal voters. The referendum

provision ( 1) permits tribal members to require that a vote be taken on a law in

order for that law to be effective or to require that certain types oflaws be submitted

to a vote of tribal voters; and (2) to permit tribal government officials at their option

to refer important policy questions to a vote of the tribal voters.

Article P.

Non-Impairment of Contracts. This Article prohibits the Governing Body from

enacting any law that retroactively impairs contract rights. It applies only to tribal

legislation, not to tribal judicial decisions.

Article Q.

Amendments. This Article establishes the way in which the tribal constitution can

be amended. There are two options.

Article R.

Certificate of Results of Election and Savings. This Article states the conditions

upon which the new Constitution will become effective. It also states that when the

new Constitution is adopted that current tribal law remains effective so long as it is

consistent with the new Constitution.

)

A. Considerations.

The purpose of a preamble is to state at the very beginning of the Constitution those basic

and fundamental purposes for which the tribe is establishing the government as set forth in the

Constitution. It is also the place to express the sense ofthe community's core cultural traditions

and values. This is the place where the tribe can say, "This is who we are, where we come from,

and what we stand for."

B. Existing Provision. [to be filled in by tribe]

C. Suggested Provision.

We, the members of the Tribe, being a sovereign native people, do establish and adopt this

Constitution in order to organize for the common good, to protect our inherent right to govern

ourselves under our own laws and customs, to maintain and foster our tribal culture, to protect our

homeland, to conserve and develop our natural resources, to promote the social and economic

well-being of our people, and to govern, protect, and advance the common good of the Tribe and

members of this Tribe.

D. Examples.

Example 1: Constitution of the United States ofAmerica

WE THE PEOPLE of the United States, in order to form a more perfect Union, establish

Justice, insure domestic Tranquility, provide for the common defense, promote the General

Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and

establish this CONSTITUTION for the United States of America.

Example 2: Pueblo ofLaguna

Preamble

-I

In 1863, Abraham Lincoln, President of the United States of America, recognized and

confirmed the right of the Pueblo ofLaguna to govern itself, and solemnly pledged the full faith of

the United States of America that the customs and rights of said Pueblo, and the liberties and

religions of its members, shall forever be protected by the United States of America and forever

remain inviolate. As evidence of said recognition, confirmation, and solemn pledge, President

Abraham Lincoln, gave the then Governor of the Pueblo of Laguna a cane, which is the staff and

symbol of the office of the Governor of the Pueblo.

In 1908 the Pueblo of Laguna adopted its first written Constitution. It was replaced by a

Constitution adopted under the provisions of the Act of Congress of June 18, 1934, known as the

Indian Reorganization Act, which Constitution was approved by the Secretary of the Interior on

December 21, 1949. That Constitution was then replaced by the Amended Constitution and

Bylaws, approved November 10, 1958.1t is now the consensus of the membership of the Pueblo of

Laguna to adopt this Constitution for the Pueblo of Laguna.

Now, therefore, we the members of the Pueblo of Laguna, New Mexico, in order to

establish justice, to preserve and protect our Pueblo self-government and our rights, including land

and water rights, liberties, benefits, traditional practices and customs, and to protect our common

welfare, do ordain and establish this Constitution of the Pueblo of Laguna.

Example 3: Jamestown Klallam Tribe ofIndians

Preamble

We, the Indians of the Jamestown Klallam Tribe, create and adopt this constitution for the

Jamestown Klallam Tribe for the purpose of forming a better tribal government, establishing a

tribal community organization, promoting the social and economic well-being of our people,

securing our aboriginal land and any and all natural resources therein, preserving our culture and

institutions, fostering justice and freedom, and advancing our mutual welfare.

Example 4: Confederated Tribes of the Warm Springs Reservation of Oregon

Preamble

We, the Confederated Tribes of the Warm Springs Reservation of Oregon, in order to

establish a more responsible and effective organization to promote our general welfare, conserve

and develop our lands and other resources, and secure to ourselves and our posterity the power to

exercise certain rights of self-government not inconsistent with existing Federal and State laws, do

ordain and establish this Constitution of the Confederated Tribes of the Warm Springs Reservation

of Oregon.

Article I- Objectives

Oregon:

It shall be the object of the Confederated Tribes of the Warm Springs Reservation of

(a) To establish and maintain, with the aid of the Federal Government, a form of home rule that

shall promote the advancement and welfare of the Indians of the Warm Springs Reservation.

(b) To establish and enforce such rules as may be necessary to safeguard Indian property and

resources for the use of present and future generations.

for homes and livelihood.

Example 5: Fort Belknap Indian Community of the Fort Belknap Indian Reservation -Montana

Preamble

We, the duly enrolled members of the Fort Belknap Reservation in the State of Montana,

in order to secure to ourselves and our descendants the management of our own affairs, and to

perpetuate this reservation as an abiding place for the members of this community, do establish

this constitution of the Fort Belknap Indian Community.

Article I - Objectives

It shall be the object of the Fort Belknap Indian Community:

(a) To establish and maintain, with the aid of the Federal Government, a form of home rule that

shall promote the advancement and welfare of the Indians of the Fort Belknap Reservation.

(b) To establish and enforce such rules as may be necessary to safeguard Indian property for the

use of present and future generations.

for home and livelihood.

Example 6: Colorado River Indian Tribes of the Colorado River Indian Reservation Arizona and

California

Preamble

We, the members of the Colorado River Indian Tribes of the Colorado River Indian

Reservation, in order to make the government established by the original constitution and bylaws

approved August 13, 1937, a more responsive legal tribal organization and to secure all privileges

and powers offered to us by the Indian Reorganization Act, establish justice, promote the general

welfare, safeguard our interests, encourage educational progress, conserve and develop our lands

and resources, and to secure the blessings of freedom and liberty for ourselves and our posterity,

do ordain and establish this constitution and bylaws for the Colorado River Indian Tribes of the

Colorado River Indian Reservation.

Example 7: Chippewa Cree Indians of the Rocky Boy's Reservation, Montana

We, the original and adopted members of the Rocky Boy's Band of Chippewas enrolled

upon the Rocky Boy's Reservation in the State of Montana, in order to exercise our rights to selfgovernment, to administer all tribal affairs to the best advantage of the individual members, and to

preserve and increase our tribal resources, do ordain and establish this Constitution of the

Chippewa Cree Tribe of the Rocky Boy's Reservation, Montana.

Example 8: Assiniboine And Sioux Tribes of The Fort Peck Indian Reservation

Article I- Preamble And Name

We, the adult members of the Assiniboine and Sioux Tribes of the Fort Peck Indian

Reservation, Montana, in order to establish a recognized and approved tribal organization to

handle our Reservation affairs and business, to protect the sovereignty and the vested interest of

our Tribes and members under treaties, agreements, and laws heretofore enacted, to procure for

our Tribes and our members and our posterity social, educational, and industrial assistance, also, to

procure assistance in all matters of interest to the Tribes, and to preserve peaceful and cooperative

relations with the United States Government, its subdivisions, and its offices, do hereby establish

this Constitution and Bylaws, with the legal name: "The Assiniboine and Sioux Tribes of the Fort

Peck Indian Reservation, Montana." (Where used herein, the "Reservation" refers to the Fort Peck

Indian Reservation in Montana; the "Tribes" to the Assiniboine and Sioux Tribes of the Fort Peck

Indian Reservation; the "Board" to the Tribal Executive Board; the "Secretary" to the Tribal

Executive Board Secretary; "General Council" refers to an assembly of the qualified Electors of

the Tribes).

Example 9: Three Affiliated Tribes of the Fort Berthold Reservation

Preamble

We, the Arickara, Gros Ventres, and Mandan Indians of the Fort Berthold Reservation, in

North Dakota, eagerly embrace the opportunities for self-rule, and in order to enjoy the blessings

of liberty and justice; to intelligently protect our vested rights under existing treaties and the

constitution of the United States; to guarantee to our posterity a more hopeful future; to preserve

and develop our real estate and resources; to promote educational efficiency for the enhancement

of good citizenship; to promote the general welfare of the three tribes; to make possible a more

hopeful, self-sustaining, and honorable living, socially and economically, do with deep

consciousness of God, as our sovereign, ordain and establish this constitution for the Three

Affiliated Tribes of this reservation.

Example 10: The Confederated Salish And Kootenai Tribes ofThe Flathead Reservation

We, the Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana,

in order to establish a more responsible organization, promote our general welfare, conserve and

develop our lands and resources, and secure to ourselves and our posterity the power to exercise

certain rights of self-government not inconsistent with Federal, State, and local laws, do ordain

and establish this Constitution for the Confederated Tribes of the Flathead Reservation.

Example 11: The Confederated Tribes of the Goshute Reservation, Utah

Preamble

We, the people of the Goshute Reservation, in order to establish justice, promote the

common welfare and preserve the advantages of self-government, do ordain and establish this

constitution.

Article I -

Purpose

Our purpose shall be to develop and use our resources, to promote and protect the

interests of the Confederated Tribes of the Goshute Reservation, and to secure and preserve

peaceful and cooperative relations with the Office of Indian Affairs, its officers and appointees.

Example 12: Constitution and Bylaws of the Chitimacha Tribe ofLouisiana

Preamble

We, the Chitimacha Indians of Louisiana, desiring to establish an organization for our

common welfare and benefit, do hereby adopt and proclaim the following constitution.

Example 13: Constitution of the Southern Ute Indian Tribe of the Southern Ute Indian

Reservation, Colorado

Preamble

We, the members of the Southern Ute Indian Tribe of the Southern Ute Indian Reservation

in Colorado, in order to exercise our inherent rights of self-government as confirmed by the

constitution and bylaws approved November 4, 1936 to administer our tribal affairs, to preserve

and increase our tribal resources, do ordain and establish this constitution.

Example 14: Constitution and Bylaws of the Upper Skagit Indian Tribe

We, the members of the Upper Skagit Tribe of Indians of the State ofWashington, in

order to establish a tribal organization and to secure the powers and privileges available to

recognized tribes through the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), do

ordain and establish this constitution and bylaws.

Example 15: Constitution/or The Pueblo ofIsleta, New Mexico

Preamble

We, the Indian people of the Pueblo of Isleta, in order to preserve our customs and

traditions, to make the government established by the original constitution approved March 27,

1947, more responsive to our needs and, the general welfare, to secure the blessings of liberty to

ourselves and our posterity, to provide for our economic and social betterment through cooperative

effort, industry and enterprise, to promote security and provide for law and order, do establish this

constitution for the Pueblo of Isleta.

Example 16: Constitution ofthe Cherokee Nation of Oklahoma

Preamble

We, the people of the Cherokee Nation, in order to preserve and enrich our tribal culture,

achieve and maintain a desirable measure of prosperity the blessings of freedom, acknowledging,

with humility and gratitude, the goodness of the Sovereign Ruler of the Universe in permitting us

so to do, and imploring his aid and guidance in its accomplishment-do ordain and establish this

Constitution for the government of the Cherokee Nation. The term "Nation" as used in this

Constitution is the same as "Tribe."

Example 17: Constitution of the Skokomish Indian Tribe

Preamble

We, the members of the Skokomish Indian Tribe, acting pursuant to the Indian

Reorganization Act of 1934, 43 Stat. 984, as amended, do hereby adopt this constitution in order to

form a better tribal organization, secure the rights and powers inherent in our sovereign status and

guaranteed to us by treaty and by Federal Law, to preserve our culture and tribal identity, promote

the social and economic welfare of our people, protect and develop our common resources,

maintain peace and order, and safeguard individual rights. This constitution shall revoke and

replace the constitution and bylaws approved by the Secretary of the Interior on May 3, 1938, as

amended, and shall govern the Skokomish Indian Tribe from its effective date on.

Example 18: Constitution ofthe Kickapoo Traditional Tribe ofTexas

We, the members of the Texas Band ofKickapoo, by virtue of our sovereign rights as an

Indian Tribe and pursuant to the authorities conferred by the Indian Reorganization Act of June

18, 1934, (48 Stat. 984), and Public Law 97-429, do hereby organize as a Tribe separate and apart

from the Kickapoo Tribe of Oklahoma for the well-being of the Band and its members, to direct

and control our own affairs, to protect and develop our land and resources for ourselves and our

children, and to ensure the political integrity and cultural identity of the Band, and for these

purposes do adopt this Constitution for the Texas Band of Kickapoo, henceforth to be known as

the Kickapoo Traditional Tribe of Texas.

Example 19: Constitution ofThe Mohegan Tribe ofIndians a/Connecticut

Preamble

We, The Mohegan Tribe of Indians of Connecticut, answerable to our ancestors, in order

to secure to ourselves and our descendants the management of our own affairs as a sovereign

American Indian Nation, to ensure the maintenance of our basic human rights, to exercise our

sovereign rights as a federally recognized Indian tribe, including the right of self-determination

and self-governance, and to promote the general welfare of The Mohegan People, do hereby

establish, adopt and proclaim this Constitution.

Example 20: Constitution of the Choctaw Nation of Oklahoma

Preamble

We, the members of the Choctaw Nation of Oklahoma, invoking the will and guidance of

Almighty God in order to promote the general welfare, to insure tranquility and to secure to

ourselves and our posterity the blessings of our ancestral heritage, culture and tribal sovereignty,

do hereby ordain and establish, pursuant to the inherent tribal sovereignty of the Choctaw Nation

of Oklahoma, this Constitution for the Choctaw Nation of Oklahoma.

Example 21: Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin

Preamble

We, the members of the Menominee Indian Tribe of Wisconsin, being a sovereign nation,

in order to organize for the common good, to govern ourselves under our own laws and customs, to

maintain and foster our tribal culture, to protect our homeland and to conserve and develop its

natural resources, and to insure our rights guaranteed by treaty with the Federal Government, do

establish and adopt the following Article and Bylaws of this Constitution and Bylaws for the

government, protection, and common welfare of the Menominee Indian Tribe ofWisconsin and its

members.

A. Considerations.

The purpose of setting forth the name of the tribe is to ensure the continuity of

self-identification to outsiders. It is especially important where a tribe has political factions that

use a similar name to identify themselves. For non-recognized tribes it becomes even more

important since the federal, state and local governments often want assurances that its relationship

with a tribe is consistently with the same entity and that the tribe is related to a historic tribe rather

than a newly-formed association of individuals with or without Indian ancestry.

The identification of the tribe has significance for self-identification beyond these

concerns. It is a place for the community to express who you are as a sovereign nation. While

"recognition" of the government-to-government status with the United States has significant legal

and important funding implications, the identity of the tribe does not derive from such

"recognition". Your status as a sovereign is inherent and this is a good place to recite the core

values and cultural imperatives that inform the unique place that your tribe holds in the world.

B. Existing Provision. [to be filled in by tribe]

C. Suggested Provision.

Article - N arne

The name of this Tribe shall be ------------------------------

D. Examples.

Example 1: Constitution of The Jamestown Klallam Tribe ofIndians

Article I- Name And Territory

Section 1. Name.

The legal name of the tribal organization shall be the Jamestown Klallam Tribe of Indians.

Example 2: Constitution And Bylaws of The Assiniboine And Sioux Tribes ofThe Fort Peck Indian

Reservation

Article I- Preamble And Name

We, the adult members of the Assiniboine and Sioux Tribes of the Fort Peck Indian

Reservation, Montana, in order to establish a recognized and approved tribal organization to

handle our Reservation affairs and business, to protect the sovereignty and the vested interest of

our Tribes and members under treaties, agreements, and laws heretofore enacted, to procure for

our Tribes and our members and our posterity, social, educational, and industrial assistance, also,

to procure assistance in all matters of interest to the Tribes, and to preserve peaceful and

cooperative relations with the United States Government, its subdivisions, and its offices, do

hereby establish this Constitution and Bylaws, with the legal name: "The Assiniboine and Sioux

Tribes of the Fort Peck Indian Reservation, Montana." (Where used herein, the "Reservation"

refers to the Fort Peck Indian Reservation in Montana; the "Tribes" to the Assiniboine and Sioux

Tribes of the Fort Peck Indian Reservation; the "Board" to the Tribal Executive Board; the

"Secretary" to the Tribal Executive Board Secretary; "General Council" refers to an assembly of

the qualified Electors of the Tribes).

Example 3: Constitution and Bylaws of the Seneca-Cayuga Tribe of Oklahoma

Article I- Name

The name of this organization shall be the Seneca-Cayuga Tribe of Oklahoma.

Example 4: Constitution of the Absentee-Shawnee Tribe ofIndians of Oklahoma

Article 1: Name

The name of this federally recognized Indian tribe shall be the Absentee-Shawnee Tribe

of Indians of Oklahoma.

Example 5: Constitution and Bylaws of the Agua Caliente Band of Cahuilla Indians, California

Article 1: Name

The name of the organization shall be the AGUA CALIENTE BAND OF CAHUILLA

INDIANS.

Example 6: Constitution and Bylaws of the Chitimacha Tribe ofLouisiana

Article I - N arne

The name of this organization shall be the Chitimacha Tribe of Louisiana.

Example 7: Constitution and Bylaws of the Upper Skagit Indian Tribe

Article I- Name and Territory

Section 1. Name. The name of this organized body shall be the Upper Skagit Indian Tribe.

Example 8: Constitution of The Mohegan Tribe ofIndians of Connecticut

Article I- Name

The name of this organization shall be The Mohegan Tribe of Indians of Connecticut

(hereinafter "The Mohegan Tribe" or "The Tribe") and the members thereof shall be known as The

Mohegan Nation.

Example 9: Constitution of the Choctaw Nation of Oklahoma

Article I - N arne and Geographical Area

Section 1. The name ofthis body shall be "The Choctaw Nation ofOklahoma."

A. Considerations.

Jurisdiction is a legal term referring to the extent of the tribal government's authority to

exercise its sovereign powers over its tribal members and its territory. It is thus advisable for the

Tribe to claim jurisdiction to the fullest extent. Having said that, there are limitations imposed on

the exercise of tribal sovereignty by federal statutory and case laws. While the tribe may be

bound by these limitations it isn't necessary to expressly adopt them in the constitution or other

governance document of the tribe. These limitations apply in any event.

B. Questions.

What is the effect if the tribe lacks a formal agreement, Executive Order, treaty, or

other federal legislation with the United States defining a land base?

What if land is donated or purchased by the tribe? Does the tribe have jurisdiction

over that tribally-owned land?

Should the Constitution also mention jurisdiction over water, airspace, minerals, or

other natural resources?

Should the Constitution mention jurisdiction over persons or activities?

C. Existing Provision. [to be filled in by tribe]

D. Suggested Provision.

To the full extent not limited by Federal law, and unless restricted by tribal law, the Tribe's

jurisdiction shall extend over its members and all territory of the Tribe which constitutes Indian

Country or its equivalent under federal law, and to any person, property, subject and activity

within this territory. The Tribe's jurisdiction shall also extend to any person, property, subject and

activity provided for under federal law outside the Tribe's Indian Country territory or its

equivalent under federal law.

E. Examples.

Example 1: Constitution and Bylaws of the Confederated Salish and Kootenai Tribes of the

Flathead Reservation

Article I- Territory

The jurisdiction of the Confederated Salish and Kootenai Tribes of Indians shall extend to

the territory within the original confines of the Flathead Reservation as defined in the Treaty of

July 16, 1855, and to such other lands without such boundaries, as may hereafter be added thereto

under any law of the United States, except as otherwise provided by law.

Example 2: Constitution and Bylaws of the Three Affiliated Tribes of the Fort Berthold

Reservation

Article I- Territory

The jurisdiction of the Three Affiliated Tribes of the Fort Berthold Reservation shall

extend to Indian Trust and Tribal lands within the confines of the Fort Berthold Reservation, as

defined in the treaty of September 17, 1851; to lieu lands outside of such boundaries; and to such

other lands, within or without such boundaries, as have been or may be hereafter added thereto

under any law of the United States, except as otherwise provided by law.

Example 3: Constitution of the Jamestown Klallam Tribe ofIndians

Article 1- Name And Territory

Section 1. N arne.

The legal name of the tribal organization shall be the Jamestown Klallarn Tribe of Indians.

Section 2. Territory.

The territory and jurisdiction of the Jamestown Klallarn Tribe shall extend over the

following to the fullest extent possible under Federal Law:

(a) All lands, waters, property, airspace, other natural resources and any interest therein either

now, or in the future, owned by the Tribe or individual tribal members held in trust status or

located within the boundaries of the reservation which may be proclaimed for the Jamestown

Klallarn Tribe, notwithstanding the issuance of any patent or right-of-way;

(b) All persons, property and activities located or found within the Tribe's jurisdiction;

Treaty of Point No Point concluded January 26, 1855 (12 Stat. 933) and all property or activity to

the extent necessary to implement and protect all rights and powers reserved or granted to the

Tribe by the Treaty of Point No Point, the United States Constitution or other Federal Law.

Section 3. Hunting and Fishing Rights.

Nothing in this Article shall restrict the exercise of hunting and fishing rights reserved by

the Tribe under the Treaty of Point No Point including the right to hunt on all open and unclaimed

lands, and to fish at all of the Tribe's usual and accustomed grounds and stations.

Example 4: Constitution and Bylaws of the Confederated Tribes of the Goshute Reservation, Utah

Article II- Territory

The jurisdiction of the Confederated Tribes of the Goshute Reservation shall extend to the

territory within the confines of the Goshute Indian Reservation boundaries, as established by

Executive Order dated March 23, 1914, and to such other lands as maybe hereafter added thereto.

Example 5: Constitution and Bylaws of the Colorado River Indian Tribes of the Colorado River

Indian Reservation Arizona and California

Article 1 -Territory

The jurisdiction of the Colorado River Indian Tribes shall include all the territory within

the original confines of the Colorado River Indian Reservation boundaries as established and

approved by the act of March 3, 1865, and lands added thereto by Executive Order ofNovember

22, 1873; Executive Order ofNovember 16, 1874; Executive Order ofMay 5, 1876; and Executive

Order ofNovember 22, 1915, in Arizona and California and to which title has been given by Act of

the Congress of the United States, Public Law 88-302, of April 30, 1964, and any other lands in

which the Colorado River Indian Tribes acquire ownership, management, use or occupancy by

virtue of purchase, gift, Act of Congress or otherwise.

Example 6: Constitution of the Absentee-Shawnee Tribe ofIndians of Oklahoma

Article II- Jurisdiction

The jurisdiction of the Absentee-Shawnee Tribe shall extend to all tribally owned land and

all restricted or trust land belonging to tribal members within the boundary of the reservation

established by Agreement dated June 26, 1890, and ratified by the Act of March 3, 1891 (26 Stat.

10 19), and such other land, or interest in land, which may be subsequently acquired.

Example 7: Constitution and Bylaws of the Assiniboine and Sioux Tribes of the Fort Peck Indian

Reservation

Article II- Territory

The jurisdiction of the Tribes shall extend to the territory within the original confines of the

Fort Peck Reservation as defined in the agreement of December 28 and December 31, 1886,

confirmed by the Act ofMay 1, 1888 (25 Stat. Sec. 113, Ch. 212) and to such other lands as maybe

hereafter added thereto under any laws of the United States, except as otherwise provided by law.

Example 8: Constitution of the Confederated Tribes ofSiletz Indians of Oregon

Article III - Authority of Government

The authority of the government established by this Constitution shall extend over all

persons, subjects, and property now or hereafter included within the jurisdiction of the

Confederated Tribes of Siletz Indians of Oregon, except and only as limited by this Constitution

and the Laws of the United States. The government shall not inhibit any person's right to enjoy

freedom of worship, conscience, speech, press, assembly and association, and other rights

enumerated by Federal Law.

Example 9: Constitution of the Confederated Tribes of the Grand Ronde Community of Oregon

Article 1 - Authority of Government

Section 1. Jurisdiction and Territory.

The authority of the government established by this Constitution shall extend over all

persons, property, and activities within the jurisdiction of the Confederated Tribes of the Grand

Ronde Community of Oregon, except as limited by this Constitution and by Federal Law.

The jurisdiction of the Confederated Tribes of the Grand Ronde Community of Oregon

shall extend, to the fullest extent possible under Federal Law, over all lands, waters, property,

airspace, minerals and other natural resources, and any interest therein, either now or in the future,

owned by the Tribe or individual members held in trust status or located within the boundaries of

the tribal reservation which will be established pursuant to the Grand Ronde Restoration Act,

notwithstanding the issuance. of any existing or future patent or right-of-way.

Section 2. Hunting, Fishing and Gathering Rights.

Nothing in this Article shall be construed as restricting the exercise of hunting, fishing or

gathering rights of members, if any, consistent with Federal Law.

Example 10: Constitution & Bylaws of the Fort Belknap Indian Community of the Fort Belknap

Indian Reservation -Montana

Article II- Territory

The jurisdiction of the Fort Belknap Indian Community shall extend to all lands now

contained within the Fort Belknap reservation, and to any lands that may in the future be added

thereto.

Example 11: Constitution and Bylaws of the Agua Caliente Band of Cahuilla Indians, California

Article II- Territory

The jurisdiction of the Agua Caliente Band of Cahuilla Indians shall extend to the territory

within the boundaries of the Agua Caliente Indian Reservation as heretofore designated and to any

other lands which may hereafter be added.

Example 12: Constitution and Bylaws of the Confederated Tribes of the Warm Springs

Reservation of Oregon

Article II- Territory

The jurisdiction of the Confederated Tribes of the Warm Springs Reservation of Oregon

shall extend to all lands contained within the present boundaries of the Warm Springs Reservation

and to such lands as may have been heretofore or may hereafter be acquired by the Confederated

Tribes of the Warm Springs Reservation or by the United States in trust for such tribes.

Example 13: Constitution of the Kickapoo Traditional Tribe ofTexas

Article I- Jurisdiction

The jurisdiction of the Kickapoo Traditional Tribe of Texas, hereinafter referred to as the

Tribe, shall extend to the extent permitted by federal law, to all lands placed in trust for the Tribe

pursuant to Public Law 97-429, known as the Kickapoo Village, to all additional lands which may

be acquired by the Kickapoo Traditional Tribe of Texas, to all lands which may be acquired by the

United States and held in trust for the Tribe, and to all other lands over which the Tribe may

exercise jurisdiction under federal law.

Example 14: Constitution of the Skokomish Indian Tribe

Article I- Territory And Jurisdiction

Section 1. Reservation.

Except as prohibited by the Treaty of Point No Point and Federal Law, the Skokomish

Tribe shall have jurisdiction over all persons, property, lands, waters, airspace, and resources and

all activities occurring within the exterior boundaries of the Skokomish Indian Reservation.

Section 2. Other Areas.

(a) Outside the boundaries of the Skokomish Reservation at the tribe's usual and accustomed

fishing grounds and stations, on open and unclaimed lands reserved to the tribe by treaty for

hunting and gathering, and on lands and waters which are used for access to fishing, hunting, and

gathering territories, the Skokomish tribe shall have jurisdiction as follows:

(1) Jurisdiction over all tribal members;

(2) Jurisdiction over other persons who are not members of the Skokomish Tribe to the

extent authorized by treaty or Federal Law;

(3) Jurisdiction over personal property of all persons subject to the tribe's jurisdiction;

(4) Jurisdiction to implement and protect all rights and powers reserved or granted to the

tribe by treaty, by the United States Constitution and Federal Law.

(b) In all other areas the Skokomish Tribe shall have jurisdiction to implement and protect all

rights and powers reserved or granted to the tribe by treaty, by the United States Constitution and

Federal Law.

Example 15: Constitution for The Pueblo ofIsleta, New Mexico

Article I - Jurisdiction

This constitution shall apply within the exterior boundaries of the Isleta Pueblo Grant and

within the exterior boundaries of such other lands as are now or may in the future be added by

purchase, grant, lease, or otherwise acquired for use by the Pueblo of Isleta. No such lands shall

ever be alienated from the pueblo by action of any member of the pueblo.

Example 16: Constitution and Bylaws of the Upper Skagit Indian Tribe

Article I- Name and Territory

Section 2. Territory.

The jurisdiction of the Upper Skagit Indian Tribe shall be any territory in which the Upper

Skagit Indian Tribe has a beneficial interest, and any other lands which may be acquired for or by

and held in the name of the Upper Skagit Indian Tribe.

Nothing in this article shall restrict treaty hunting and fishing rights which may be

established as belonging to the tribe, including the right to hunt and fish in usual and accustomed

places.

Example 17: Constitution of the Southern Ute Indian Tribe of the Southern Ute Indian

Reservation, Colorado

Article I - Jurisdiction

The jurisdiction of the Southern Ute Indian Tribe through its general council, its tribal

council and courts, shall extend to all the territory within the exterior boundaries of the reservation,

and to such other lands as may be added thereto by purchase, gift, Act of Congress or otherwise.

Example 18: Constitution and Bylaws of the Chitimacha Tribe ofLouisiana

Article II- Territory

The jurisdiction of the Chitimacha Tribe of Louisiana shall extend to all lands now held, or

hereafter acquired, by or for the Chitimacha Tribe.

Example 19: Constitution of The Mohegan Tribe ofIndians of Connecticut

Article III - Jurisdiction

Section 1. The jurisdiction of The Mohegan Tribe shall extend to all lands presently owned

or leased by The Tribe, all trust lands ofThe Tribe, all lands hereinafter acquired by The Tribe, and

all lands over which The Tribe has regulatory authority.

Section 2. The Tribe's jurisdiction shall extend to:

(a) all persons who are currently enrolled as members of The Tribe;

(b) all persons who make application to become enrolled as members of The Tribe prior to June 30,

1996, as provided in this Constitution and The Tribal Enrollment Ordinance, who are subsequently

accepted as members of The Tribe; and

Example 20: Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin

Article I- Jurisdiction

The governmental powers of the Menominee Indian Tribe of Wisconsin, a federally

recognized sovereign Indian Tribe, shall consistent with applicable Federal law extend to all

persons, and subjects, to all lands and other property including natural resources, and to all waters

and air space, within the exterior boundaries of the Menominee Indian Reservation, including any

land which may hereafter be added to the Reservation under any law of the United States. The

governmental powers of the Menominee Indian Tribe shall, consistent with applicable Federal

law, also extend outside the exterior boundaries of the Reservation to any persons, subjects, or real

property which are, or may hereafter be, included within the jurisdiction of the Tribe under any law

of the United States or of the Tribe.

A. Considerations.

The purpose of a membership provision is to establish those basic requirements that a

person must meet to be a member of the tribe. All tribal constitutions appear to have a membership

provision. Although it is possible simply to draft a short provision imposing upon the governing

body the duty to enact an ordinance or similar legislation establishing tribal membership

requirements, most tribes have chosen to establish membership requirements in their constitutions.

The historical reason for this is that, unlike state and federal governments, Indian tribal

membership, or citizenship, has since time immemorial been based upon more than residence

within a defined territory, although that is one possible requirement for tribal membership. But

more than that, Indian tribes have traditionally identified their members by certain other important

characteristics and beliefs shared by all the members of the tribe, including race, culture, kinship

structure, religion, and economic philosophy. In short, Indian tribes have identified their members

as all those who share an identifiable way of life unique to the tribe and who are part of the tribal

community. This fact presents tribal governments with a more complicated problem than that

faced by non-tribal governments.

Since 1934 when many tribal constitutions were adopted after the enactment of the Indian

Reorganization Act, membership requirements in a tribal constitution have included a blood

quantum requirement, or at least descendency from that tribe. This is in part a result of a need to

provide for more rigid membership requirement because of a tribe's relation with the federal

government. This artificial legal construct imposed, or encouraged, by the federal government

deviated from the historical reasons mentioned in the preceding paragraph. As a result, that legacy

has created a situation where tribes, especially smaller tribes, are at present facing a critical point

in their tribal existence because a blood quantum requirement has eroded, and continues to erode,

their membership. This issue concerning blood quantum requirements will inevitably become a

critical issue for tribes since many will have to lower their blood quantum or strike it from their

constitution and return to historical considerations based more on anthropological or sociological

reasons, rather than an artificial legal construct like blood quantum.

In fact, at least one office of the federal government has recognized this critical issue facing

tribes. The Office of the Assistant Secretary- Indian Affairs (ASIA), U.S. Department of the

Interior, with the assistance ofthe Office of Federal Acknowledgment (OFA), has issued federal

acknowledgment decisions to establish, or not, a government-to-government relationship with

some petitioners. Importantly, in its analysis of one of seven criteria that a petitioner must meet

(criterion 83.7(e)) it has stated that a "petitioner must (1) identify its current members, (2)

document the historical Indian tribe and the individuals in that historical Indian tribe from whom

its current members descend, and (3) document that descent." Shinnecock Indian Nation, Proposed

Finding, page 99. In the evaluation ofthe current members, the ASIA has determined that "Federal

law imposes no general blood degree requirement for tribal membership. Moreover, Federal

regulations for determining eligibility for acknowledgment as a tribe (25 CFR Part 83) do not

contain a blood quantum requirement." Poarch Creek, Final Determination, 1984, 49 FR 24083).

It is for the above reasons that Indian tribes usually carefully list membership requirements

in their constitutions that they believe are basic and fundamental to preserving the identity of the

tribe. One key consideration will be if blood quantum is not a requirement, or a diminished

requirement, then what will be the substitute? One main factor to consider is whether the person is

part of the community and has social contacts with the community. Having said that, the real

question at the heart of the matter is what it means to be part of the tribal community. This decision

is specific to each tribe. You will have to determine if it is best to define that connection in the

constitution or by ordinance. There is no easy answer, but tribes seem to always consider, in some

way, that a person must be connected in some way to the tribal community.

In summary, membership requirements of Indian tribes are generally considered by tribes

to be so fundamentally important to the existence and identity of the tribe that the basic

requirements are usually included in the tribal constitution, rather than left to be established by the

tribal council by legislation.

A second consideration, of course, is that membership in the tribe also entitles a person to

receive substantial benefits which are unavailable to non-members. For example, tribal members

will have a right to share in tribal assets and to receive tribal benefits, as well as federal services

provided to the tribe such as education scholarships and health care or to be eligible to receive a

permit to possess eagle feathers or parts. This particular area has seen significant attention since

the birth of Indian gaming and the resulting per capita distribution of gaming proceeds to tribal

members. There have been major disputes surrounding membership requirements because of such

distributions, disputes which have lead to disenrollment of members. On the other hand, people of

Indian descent who have had no ties to a tribal community suddenly become attuned to their

heritage, leading them to make attempts to enroll in a tribe in order to partake of per capita

payments. Often, these individuals will be able to prove their genealogical descent from a tribe's

base roll. Thus, it makes it even more important to clearly set forth your tribe's membership

criteria since much is at stake and to strongly consider requiring more than descent. Otherwise,

there is a possibility, especially for smaller tribes that the makeup of the membership will

drastically change to the point of altering the political balance of the tribal community. Lastly,

tribal members also are entitled to the protection of federal laws designed to protect the unique

rights of Indian tribes, such as the laws which permit the Bureau of Indian Affairs to hold tribal and

individual lands in trust and exempt those lands from taxation and other kinds of encumbrances.

B. Existing Provision. [to be filled in by tribe]

C. Suggested Provision.

Article - Membership

Section 1. Requirements. [to be filled in by tribe]

Section 2. Ineligibility For Membership.

No person shall be eligible to be a member of the Tribe if that person is enrolled in

another Indian tribe.

Section 3. Enrollment Board.

(a) Within 180 days of the effective date of this Constitution, an Enrollment Board

composed of (e.g. three) enrolled tribal members shall be appointed for staggered terms of three

years by a majority vote of the members of the governing body present at the meeting. The initial

term of each Board member first appointed shall be randomly assigned with one Board member

serving three years, one Board member serving two years and one Board member serving one year.

Board members may be removed from office by majority vote of the entire governing body present

at a regular meeting prior to the expiration of their term only for cause. Any person who holds any

elective or appointive tribal office or is a candidate for such office shall be ineligible to serve on

the Enrollment Board. Any Board member who becomes a candidate or is elected to Tribal office

or is appointed to Tribal office shall automatically forfeit the remainder of their term of office on

the Enrollment Board.

(b) The Enrollment Board shall be responsible for enforcing Tribal enrollment laws. The

duties of the Enrollment Board shall include, but not be limited to, the following:

(1) Maintaining the Tribal membership roll.

(2) Reviewing and approving or rejecting all applications for enrollment in the

Tribe provided that, a rejected applicant may appeal such decision under

Section 4 of this Article.

by Ordinance.

(d) The Enrollment Board may issue such regulations as may be necessary to carry out

Tribal enrollment law.

Section 4. Appeal From Denial of Membership Application. [Comment: For a

non-federally acknowledged tribe, you must seriously consider whether you want to provide an

appeal process in the constitution or leave the matter to tribal legislation to provide greater

flexibility. Experience has shown that there is an influx of applicants for membership once federal

acknowledgment is achieved. Often, many of the applicants will be rejected. Those applicants in

tum have the potential to overwhelm the financial and personnel resources of the tribe if they are

capable of appealing their denial, especially if they are allowed to appeal to a tribal court. In that

situation, a newly-acknowledged tribe will have to divert needed funds to defending itself in tribal

court, and possibly state and federal court. For federally recognized tribes, the situation is

different. To a large extent membership is stable since they have been processing membership

applications for a longer period of time. They may experience some appeals but not on the scale of

newly-acknowledged tribes. Thus, an appeal process may be a serious consideration for

recognized tribes, but it depends entirely upon the tribe's situation.]

Any person whose application for membership in the Tribe is rejected by the Enrollment

Board shall have the right to appeal such adverse decision to the Tribal Judiciary, but only after

exhausting all remedies, if any, available within the governing body. That person may appeal the

governing body's decision to the Tribal Judiciary within __ days of such decision. The

judgment by the Tribal Judiciary shall be final.

Section 5. Automatic Forfeiture.

A member shall be deemed to have automatically forfeited membership in the Tribe along

with all rights and benefits to which members are entitled by virtue of their membership (1) upon

enrollment in another tribe, or (2) upon a final finding that membership in the Tribe was obtained

by fraud or mistake.

Section 6. Removal From Membership Roll by the Governing Body.

If, upon the report and recommendations of the Enrollment Board, the governing body

determines that an enrolled Tribal member lacks a required membership requirement, the

governing body may remove that person from the Tribal membership roll; provided, that person

may appeal the governing body's decision to the Tribal Judiciary within _ _ days of such

decision. Only if a final judgment by the Tribal Judiciary is rendered upholding the removal shall

that person's name be removed from the membership roll.

Section 7. Relinquishment of Membership.

Members of the Tribe may relinquish membership in the Tribe in accordance with

procedures established by the Enrollment Board. Such members shall be ineligible to reapply for

membership. Any minor whose membership is relinquished by a parent or legal guardian shall

have the right to petition the Enrollment Board for automatic reinstatement of membership upon

reaching the age of 18, provided that, such person petitions within

[days?, months?,

years?] from the day that person reaches the age of 18. If such person fails to petition for automatic

reinstatement, such person may apply for membership under Section 1 of this Article.

Section 8. Enforcement.

The governing body shall enforce this Article by ordinance; provided that, the governing

body shall have no power to establish substantive requirements for membership or removal from

the membership roll in addition to those established in Section 1 of this Article or to waive any of

those requirements.

D. Examples

Example 1: Jamestown Klallam Tribe

Article II -Membership

Section 1. The membership of the Jamestown Klallam Tribe shall consist of the

following:

(a) All persons whose names appear on the list of members submitted by the Jamestown Klallam

Tribe in its petition for Federal acknowledgment as an Indian tribe pursuant to 25 C.P.R. Part 54

(1978), who met the membership criteria specified in the petition. The Tribal Council may correct

the list subject to approval by the Secretary of the Interior.

(b) All lineal descendants of persons who qualify for membership under subsection 1(a), above;

provided, that such descendants possess at least one-fourth (14) degree Jamestown Klallam blood.

Section 2. Limitation.

No person shall qualify for membership in the Jamestown Klallam Tribe who is a

member of any other organized tribe, band, or Indian community officially recognized by the

Secretary of the Interior, unless he or she has relinquished in writing his or her membership in

such tribe, band or community.

Section 3. Adoption.

The Tribal Council shall have the power to enact ordinances governing the adoption of

persons as members who have a significant community relationship with the Jamestown Klallam

Tribe. Adoption ordinances shall be subject to approval by the Secretary of the Interior.

Section 4. Regulation of Membership.

The Tribal Council shall have power to enact ordinances regulating membership as to

admission and loss of membership; provided, that any person who may lose his or her tribal

membership is entitled to a hearing before the Tribal Council and to adequate notice of such

hearing.

Example 2: Constitution of the Absentee-Shawnee Tribe ofIndians of Oklahoma

Article III -Membership

Section 1. The membership of the Absentee-Shawnee Tribe of Indians of Oklahoma shall

consist of the following persons:

(a) All persons of Indian blood enrolled or who were entitled to be enrolled on the official census

roll of the tribe as of January 1, 1937. All Indian blood shown on that roll shall be considered to be

blood of the Absentee-Shawnee Tribe.

(b) All children of Absentee-Shawnee blood born to any member of the tribe between January 1,

1937, and April17, 1954, the effective date of Amendment II to the 1938 constitution and bylaws.

Absentee-Shawnee blood.

Section 2. From and after the effective date of this Constitution no person shall be emolled

as a member of the Absentee-Shawnee Tribe unless he possesses at least one-fourth(~) degree

Absentee-Shawnee Indian blood.

Section 3. Any person entitled to membership who has been emolled as a member of

another tribe may be emolled in the Absentee-Shawnee Tribe; provided that person has not

shared in land or money as a member of another tribe; and provided further, that person

relinquishes in writing and officially terminates membership in the other tribe.

Section 4. All persons, desiring to be emolled members of the tribe, who are not presently

emolled, must submit an emollment application to the Secretary of the Executive Committee for

subsequent approval or disapproval of the Executive Committee. Applications for membership

must be supported by birth certificates or other records recognized by State or Federal officials.

Such document or copies thereof shall be kept by the Executive Committee for their permanent

records.

Section 5. The General Council shall have power to prescribe rules and regulations by

ordinance, covering future membership including adoptions and the loss of membership.

Example 3: Constitution and Bylaws of the Seneca-Cayuga Tribe of Oklahoma

Article III -Membership ofTribe

The membership of the Seneca-Cayuga Tribe of Oklahoma shall consist of the following

persons:

1. All persons of Indian blood whose names appear on the official census roll of the Tribe as of

January 1, 1937.

2. All children, born since the date of the said roll, both of whose parents are members of the Tribe.

3. Any child born of a marriage between a member of the Seneca-Cayuga Tribe and a member of

any other Indian tribe who chooses to affiliate with the Seneca-Cayuga Tribe.

4. Any child born of a marriage between a member of the Seneca-Cayuga Tribe and any other

person, if such child is admitted to membership by the Council of the Seneca-Cayuga Tribe.

Example 4: Confederated Tribes of the Grand Ronde Community of Oregon

Article V -Membership

Section 1. Requirements.

The membership of the Confederated Tribes of the Grand Ronde Community of Oregon

shall consist of all persons who are not emolled as members of another recognized tribe, band or

community and,

(a) whose names validly appear on the official tribal membership roll prepared under the Grand

Ronde Restoration Act; provided, that such roll may be corrected by the Tribal Council with the

approval of the Secretary of the Interior; or

(b) who possess one-sixteenth (1116) or more degree Indian blood quantum of a federally

recognized tribe or tribes, are descended from a member of the Confederated Tribes of the Grand

Ronde Community of Oregon, have filed an application for enrollment according to procedures

established pursuant to Section 3 ofthis Article, and have been accepted as members in accordance

with the tribal ordinance adopted under Section 3 of this Article.

For purposes of this section, descent from a member of the Confederated Tribes of the

Grand Ronde Community of Oregon shall include lineal descent from any person who was

named on any roll or records of Grand Ronde members prepared by the Department of the

Interior prior to the effective date of this Constitution.

Section 2. Dual Membership Prohibited.

No person is an enrolled member of any other organized tribe, band, or Indian community

officially recognized by the Secretary of the Interior shall be qualified for membership in the

Confederated Tribes of the Grand Ronde Community of Oregon, unless he or she has relinquished

in writing his or her membership in such tribe, band or community.

Section 3. Ordinance.

The Tribal Council shall, within six (6) months of the Tribal Council's initial election to

office under this Constitution, enact an ordinance establishing procedures for processing

membership matters, including but not limited to application procedures, procedures for

correction ofthe tribal roll, the right to appeal from a rejected application for membership, loss of

membership, procedures for voluntary relinquishment of membership, and procedures governing

reinstatement of former members who have relinquished membership.

Section 4. Adoption.

The Tribal Council shall have the power, with the prior approval of the General Council,

to enact an ordinance governing the adoption of persons as members who have a significant

community relationship with the Confederated Tribes of the Grand Ronde Community of

Oregon. Such ordinance shall define what constitutes a significant community relationship.

Section 5. Loss ofMembership.

The Tribal Council shall be ordinance prescribe rules and regulations governing

involuntary loss of membership. The reasons for such loss shall be limited exclusively to failure

to meet the requirements set forth for membership in this Constitution; provided, that nothing in

this section shall prohibit a member from voluntarily relinquishing membership in the

Confederated Tribes of the Grand Ronde Community of Oregon, with the consent of the Tribal

Council.

Example 5: Constitution and Bylaws of the Agua Caliente Band of Mission Indians,

California

Article III -Membership

(a) The membership of the Agua Caliente Band of Mission Indians shall consist of all persons

whose names appear on the last official per capita payroll of June 1954, and children born to such

members as issue of a legal marriage, provided such children shall possess at least c degree of

Indian blood.

(b) No new members may be adopted.

Amendment Constitution And Bylaws of The Agua Caliente Band of Mission Indians

Amendment

Article III of the constitution and bylaws, Membership, shall be amended by adding a new

subsection (c) to read as follows:

current at all times by striking therefrom the names of persons who have relinquished in writing

their membership in the Band and of deceased members upon receipt of a death certificate or other

evidence of death, and by adding the names of persons eligible under Article III hereof. The Tribal

Council shall also be authorized to adopt ordinances establishing procedures for the preparation

and maintenance of current membership rolls.

Example 6: Constitution of the Te-Moak Tribe ofWestern Shoshone Indians ofNevada

Article I -Membership

Section 1. Tribal Membership shall include:

(a) All persons of at least one-quarter (14) degree Shoshone Indian blood whose names appear on

the official census roll of the Elko Indian Colony as ofJanuary 1, 1937, hereafter called Base Roll

(b) All persons of at least one-quarter (14) degree Shoshone Indian blood whose names appear on

the "Census ofNon-Reservation Shoshone Area, Northeastern Nevada Reservation of the Carson

Agency Jurisdiction as of January 1, 1937, taken by Alida C. Bowler," hereafter called Base Roll

a member of the Tribe before the effective date of this Constitution.

(d) All descendants of members of the Tribe born after the effective date of this Constitution;

provided; such descendants possess at least one-quarter (14) degree Te-Moak Shoshone Indian

blood.

(e) Any person who does not appear on either Base Rolli or 2, who has at least one-quarter (14)

degree Shoshone Indian blood and who can establish residency for himself or his ancestry in the

Te-Moak census area as of January 1, 1937.

Section 2. Loss of Membership.

(a) The Tribal Council shall cancel the membership of any adult person who relinquishes in

writing his membership in the Tribe. The legal guardian of any non compos mentis adult may act

in his stead.

(b) No person who is or becomes enrolled as a member of another Tribe shall be enrolled as a

member of this Tribe. Any member of this Tribe who becomes enrolled as a member of any other

Tribe or Band of Indians and refuses to relinquish his or her membership in such other Tribe or

Band shall be subject to disenrollment action by the Tribal Council.

Section 3. Appeal of refusal ofmembership.

Any person refused membership by the Tribal Council shall have the right to appeal in

accordance with tribal ordinances.

Section 4. Future membership.

The Tribal Council shall have the power to enact ordinances governing adoption, loss of

membership, and future membership in accordance with the standards stated herein; and shall

maintain a current membership roll of the Tribe listed by constituent Band.

Example 7: Constitution and Bylaws of the Three Affiliated Tribes of the Fort Berthold

Reservation

Article II -Membership

(Section 1 changed in its entirety by Amendment No. VI, effective December 12, 1975)

Section 1. Membership. The membership of the Three Affiliated Tribes of the Fort

Berthold Reservation shall consist of:

(a) All persons whose names appear on the membership of the Tribes as of October 2, 1974.

(b) Any persons born before the effective date of this amendment and to any member of the Tribes

who was a resident of the reservation at the time of birth of said person.

Indian blood be ofthe Gros Ventre, Mandan and/or Arickara Tribes.

(New Section 2 added by Amendment No. VII, effective December 12, 1975).

Section 2. Dual Emollment.

(a) Persons emolled with another tribe and who have received benefits from such tribe in the form

ofland or payments shall not be eligible for emollment with the Three Affiliated Tribes of the Fort

Berthold Reservation, provided that inherited interests shall not be considered as being benefits.

(b) A person eligible for membership with the Tribe Affiliated Tribes of the Fort Berthold

Reservation and another tribe shall relinquish whatever rights of membership he may hold in the

other tribe as a condition to his emollment with the Three Affiliated Tribes of the Fort Berthold

Reservation.

Section 3.

The Tribal Business Council shall have power to promulgate ordinances, subject to

review by the Secretary of the Interior, governing future membership, the adoption of new

members and the revision of the membership rolls from time to time as determined by such

ordinances. (Formerly Section 2 -Changed to Section 3 by Amendment No. VI, effective

December 12, 1975)

Example 8: Constitution and Bylaws of the Chippewa Cree Indians ofthe Rocky Boy's

Reservation, Montana

Article II -Membership

Section 1. The membership ofthe Chippewa Cree Tribe shall consist as follows:

(a) All members ofthe Rocky Boy's Band of Chippewas emolled as of June 1, 1934.

(b) All children born to any member of the Chippewa Cree Tribe of the Rocky Boy's Reservation

who is a resident of the reservation at the time of the birth of said children.

(d) Any person shall lose his membership if after the adoption of this Constitution he is away from

the reservation for a period of ten years unless within that period he applies to the Business

Committee for extension ofhis membership and the Business Committee acts favorably upon such

application. Any extension of membership shall be construed to include all absentee children of

such member. Likewise, loss of membership by the parent shall be construed to include loss of

membership by his absentee children.

Section 2. Any Indian, one-half blood or more and a resident of Montana, not a member of

any other reservation, may become a member of this organization provided that two-thirds or more

of the eligible voters cast their ballots at such election, and provided further that two-thirds of

those voting at such election vote in favor of such adoption. All elections to membership shall be

confirmed by the Secretary of the Interior.

Example 9: Constitution and Bylaws of the Assiniboine and Sioux Tribes of the Fort

Peck Indian Reservation

Article III -Membership

Membership of the Tribes of the Reservation shall consist of those persons who qualify in

accordance with an ordinance approved by the Tribes in a referendum vote. A membership

ordinance shall be submitted to the Tribes simultaneously with the submission of this Constitution

for referendum vote by the Tribes.

Enrollment Ordinance

WHEREAS, The Tribal Executive Board of the Assiniboine and Sioux Tribes of the Fort

Peck Indian Reservation, Montana, ascertained that it is necessary to determine membership of the

Tribes in order that per capita payments may be made, and to provide otherwise for the general

welfare of its members.

NOW, THEREFORE, BE IT RESOLVED, that membership of the Assiniboine and/or

Sioux Tribes of the Fort Peck Reservation shall consist of:

Section 1. Qualifications.

The following individuals automatically qualify for membership in the Assiniboine and

Sioux Tribes of the Fort Peck Reservation and shall be enrolled if they comply with the rules of

procedure prescribed for enrollment by the Tribal Executive Board.

(a) Basic Rolls. Each living person of Assiniboine and/or Sioux blood whose name appears on

either the 1932 annuity payment roll or an allotment schedule prepared and approved pursuant to

the Acts of February 8, 1887 (24 Stat. 388), February 28, 1891 (26 Stat. 794), May 30, 1908 (35

Stat. 558), August 1, 1914 (38 Stat. 593), February 14, 1920 (41 Stat. 408), and March 3, 1927 (44

Stat. 1401 ), provided that he or she is not enrolled as a member of some other tribe.

(b) Descendants of Persons on Basic Roll. Each living person who is of one-fourth (~) or more

Assiniboine or Sioux blood born prior to the effective date of this constitution who is a lineal

descendant of a person whose name appears on one or both of the documents specified in (a) of this

Section regardless of whether such annuitant or allotee is living or deceased, provided that he or

she is not a member of some other tribe at the time of application for enrollment and provided

further,

that he or she is a citizen of the United States. Any such person may apply for enrollment at any

time. (AMENDMENT NO. 1 AS PER REFERENDUM VOTE OF 05/07/88.)

effective date of this Constitution whose adoption was approved by the Secretary of the Interior, or

his authorized representative, provided such adoptee has not subsequently become enrolled as a

member of some other tribe.

(d) Future Members. Each child of one-fourth(~) or more Assiniboine and/or Sioux blood born

after the effective date of this ordinance to any member of the Assiniboine and Sioux Tribes,

provided that the child is not a member of some other tribe at the time of application for enrollment

and provided further, that the child is a citizen of the United States at the time of the child's birth.

(AMENDMENT NO. 2 AS PER REFERENDUM VOTE OF 05/07/88).

(e) Associate Members. Each child of one-eighth (118) or more but less than onequarter (Y.),

Assiniboine, and/or Sioux blood born to any member of the Assiniboine and Sioux Tribes,

provided the child is a citizen of the United States at the time of the child's birth. Associate

members shall not be eligible to vote in Tribal elections or to share in any distribution of tribal

funds or property, but shall otherwise be eligible for benefits as Indians as provided by Law.

(AMENDMENT NO.4 AS PER REFERENDUM VOTE OF 05/07/88.)

Section 2. Loss of Membership.

In no case shall a member lose his membership other than by personal request in writing

to the Tribal Executive Board or establishing residence in a foreign country.

Section 3. Rules of Procedure.

The Tribal Executive Board shall have the authority to appoint an Enrollment Committee

of seven (7) tribal members and to prescribe rules to be followed by the Committee and by the

tribal members in compiling a membership roll in accordance with the provisions of this Article.

The completed roll to be approved by the Tribal Executive Board, and in a case of distribution of

tribal assets the roll shall be submitted to the Secretary of the Interior for final approval by him or

by his authorized representative prior to such distribution.

Section 4. Appeals.

Any person who has been rejected for enrollment as a member ofthe Assiniboine and

Sioux Tribes shall have the right to appeal within sixty (60) days from the date of receipt of

written notice of rejection to the Secretary of the Interior from the decision of the Tribal

Executive Board, and the decision of the Secretary of the Interior shall be final.

Section 5. Definition.

The terms "Assiniboine or Sioux blood" or "Assiniboine and/or Sioux blood" as used in

this Ordinance, means the blood of the Assiniboine or the Sioux Tribes of the Fort Peck

Reservation, Montana, or the blood of any other federally recognized Assiniboine or Sioux Tribes,

or any combination of Assiniboine and Sioux blood. The burden shall be on the applicant for

enrollment to establish the requisite degree of blood by evidence satisfactory to the Executive

Board. (AMENDMENT NO.3 AS PER REFERENDUM VOTE OF 05/07/88.)

BE IT FURTHER RESOLVED, that this membership ordinance when adopted by a

majority vote of the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana,

voting at a special election called by the Tribal Executive Board shall be in full force and effect.

Example 10: Constitution and Bylaws of the Menominee Tribe of Wisconsin

Article II -Tribal Membership

Section 1. Requirements.

Membership in the Menominee Indian Tribe shall consist of the following persons:

(a) Those persons of one-quarter ('l4) degree Menominee Indian blood whose names appear on the

tribal roll compiled pursuant to subsection 4(c) of the Menominee Restoration Act (87 Stat. 771),

and

(b) Those persons who possess at least one-quarter ('l4) degree Menominee Indian blood, and who

are descendants of persons enrolled on the tribal member roll compiled pursuant to subsection 4( c)

of the Menominee Restoration Act (87 Stat. 771 ), and who are enrolled on the official tribal

membership roll in accordance with procedures established by the Tribal Legislature by ordinance.

procedures set forth in Section 5 of this Article.

Section 2. Ineligibility For Membership or Automatic Forfeiture of Membership.

No person shall be eligible to be a member of the Menominee Indian Tribe if that person is

enrolled in another Indian tribe. Any member of the Menominee Indian Tribe who applies to be

and is accepted as a member of another Indian tribe shall thereby automatically forfeit

membership in the Menominee Indian Tribe and all rights and benefits to which tribal members

are entitled by virtue of their membership.

Section 3. Enrollment Committee.

(a) An Enrollment Committee composed of five (5) eligible tribal voters shall be elected or

appointed, beginning in 1992 and every three years thereafter, at the Annual General Council

meeting in accordance with Bylaw III, Section 4, of this Constitution and Bylaws. The members of

the Enrollment Committee shall be subject to the supervision of the Tribal Legislature. If the

Enrollment Committee is appointed, the Tribal Legislature, by majority vote, shall have the power

to terminate any such appointment for good cause, and to make a new appointment. If the

Enrollment Committee is elected, the members of the committee shall be subject to the terms of

Article VII of this Constitution, including the provisions of Section 2, which shall govern the

manner of the Enrollment Committee from office. In the event of any vacancy, the Legislature, by

majority vote, shall within sixty days appoint a replacement for the remainder of the term.

(b) The Enrollment Committee shall have the authority and duty to maintain a current and accurate

official tribal membership roll in accordance with the provisions of this Article. The Enrollment

Committee shall report at least four (4) times a year to the Tribal Legislature as to the current status

of the roll. The Committee shall have the authority to investigate suspected errors in the roll, and

where it deems appropriate in view of evidence, shall recommend changes in the roll to the Tribal

Legislature.

Section 4. Appeal From Denial of Membership Application.

Any person whose application for membership in the Menominee Indian Tribe is denied

shall have the right to appeal such adverse decision to the Tribal Judiciary, but only after

exhausting all remedies available within the Tribal Legislature.

Section 5. Removal From Membership Roll by Tribal Legislature.

If, upon the report and recommendations of the Enrollment Committee, the Tribal

Legislature determines that any person lacks a required membership qualification, proceedings

shall be instituted against such person in Tribal Court to remove such person from the tribal

membership roll. Only after a final decision is rendered in favor of the Tribal Legislature shall

the affected person's name be removed from the tribal membership roll.

Section 6. Voluntary Relinquishment ofMembership.

Members of the Menominee Indian Tribe may relinquish membership in the Tribe in

accordance with procedures established by the Tribal Legislature. However, any member of the

tribe who relinquishes membership voluntarily, or who forfeits membership by enrolling in

another Indian tribe, shall not again be eligible to enroll as a member of the Menominee Indian

Tribe.

Section 7. Enforcement.

The Tribal Legislature shall enforce this article by ordinance, provided that, the Tribal

Legislature shall have no power to establish substantive requirements for membership in addition

to those established in Section 1 of this Article, nor to waive any of these requirements.

Example 11: Constitution and Bylaws of the Chitimacha Tribe ofLouisiana

Article III -Membership

Section 1. The membership of the Chitimacha Tribe shall consist of

(a) All Chitimacha Indians living on the date of approval of this constitution,

(1) Whose names appear on the Annuity Pay Roll of 1926, Claim 374514, which was

received and recorded by the Office oflndian Affairs on October 18, 1926, or the revised census

roll of June 1959, of record at the Choctaw Indian Agency, Philadelphia, Mississippi, or

(2) Who are lineal descendants of such persons provided such descendants possess at least

one-sixteenth (1/16) degree Chitimacha Indian blood and provided further, such descendants apply

for membership and furnish birth certificates or other sufficient evidence to prove their ancestry.

(b) Any child of one-sixteenth (1/16) degree or more Chitimacha Indian blood born to any enrolled

member of the tribe after the approval of this constitution shall be entitled to membership.

Section 2. The tribal council shall have the power to correct the membership roll, with

the approval of the Secretary of the Interior, at any time.

Section 3. The burden ofproofrests upon the applicant to establish his eligibility for

enrollment.

Section 4. Enrollment Ordinances. The tribal council shall have the power to pass

ordinances, subject to the approval ofthe Secretary of the Interior, governing future membership,

loss of membership, and the adoption of new members, provided that no person of less than onesixteenth (1/16) degree Chitimacha Indian blood shall be admitted to membership in the

Chitimacha Tribe of Louisiana.

Example 12: Constitution of the Southern Ute Indian Tribe of the Southern Ute Indian

Reservation, Colorado

Article II -Membership

Section 1. The membership of the Southern Ute Indian Tribe shall consist of the

following:

(a) All persons duly enrolled on the 1970 tribal census roll dated August 31, 1971, approved by the

Albuquerque Area Director on February 1, 1972.

(b) All children of enrolled members born subsequent to July 14, 1965, and prior to the effective

date of this revision, if such children possess at least one-fourth (1/4) degree of Southern Ute Indian

blood; and have not been enrolled as a member of any other Indian tribe.

children shall be one-fourth ('l4) or more degree of Southern Ute Indian blood and PROVIDED

that such person shall not be included on the membership roll of any other Indian tribe and is

approved for adoption by the tribal council.

Section 2. The tribal council shall have the power to enact ordinances consistent with this

constitution, to govern future membership, loss of membership and the adoption of persons into

the Southern Ute Tribe. Such ordinances shall be subject to approval by the Secretary of the

Interior or his authorized representative.

Section 3. The tribal council shall have the power to prescribe rules governing the

compilation, maintenance and correction of a tribal membership roll. Such rules, insofar as the

correction of blood degree is concerned, shall be subject to approval by the Secretary oflnterior

or his authorized representative.

Section 4. The tribal council shall have the sole authority and original jurisdiction to

determine eligibility for enrollment. No decree of any non-tribal court purporting to determine

membership in the tribe, paternity, or degree of Indian blood, shall be recognized for membership

purposes.

Example 13: Constitution and Bylaws of the Upper Skagit Indian Tribe

Article II -Membership

Section 1. The membership of the Upper Skagit Indian Tribe shall consist ofthe following:

(a) All persons possessing at least 1/8 degree Skagit-Suiattle Indian blood whose names appear on

the Skagit-Suiattle Census dated January, 1942.

(b) All original Upper Skagit allottees possessing at least 1/8 degree Skagit-Suiattle Indian blood

and their descendants of at least 1/8 degree Skagit-Suiattle blood living on January 1, 1942.

accepted as members of the Upper Skagit Tribe by official action of the tribe as ofJanuary 1, 1942.

(d) All persons possessing at least 1/8 degree Skagit-Suiattle Indian blood born to any member of

the Upper Skagit Indian Tribe.

(e) All persons who are adopted into membership in accordance with resolutions or ordinances

passed by the tribal council.

Section 2. No person shall become a member of the Upper Skagit Tribe who is a member of

any other organized tribe, band, or Indian Community which is officially recognized by the

Secretary of the Interior, unless he has relinquished his membership in such tribe, band, or

community, prior to being approved for membership with the Upper Skagit Indian Tribe.

Section 3. The Upper Skagit Tribal Council may correct the tribal membership roll at any

time, subject to the approval of the Secretary of the Interior or his authorized representative,

provided that any person previously admitted into membership and officially approved will not be

removed from the tribal membership roll without a hearing.

Section 4. The Upper Skagit Emollment Committee shall establish procedures for

handling membership matters including, but not limited to, application procedures, establishing

and maintaining official records, disemollment guidelines and blood degree correction all in

accordance with resolutions approved by the tribal council.

Example 14: Yankton Sioux Tribe

Article IV. Membership (See Amendment 1)

Section 1. The 1921 Yankton Sioux Tribal Rolls shall be the base for the current

membership, and all members shall be of the Yankton-Sioux Indian blood. The Yankton Sioux

Tribal Membership shall comprise those persons whose names appear on the Rosebud Agency

Census Roll. Every effort should be made by resident tribal members to induce non-resident

relatives to register themselves on this roll, including children born off the reservation. This shall

be recognized officially as the LIVING YANKTON SIOUX INDIAN TRIBAL ROLL. Names of

the deceased shall be stricken from the roll, and the new-born shall be added to said roll. Those

born after the date of distribution of per capita (in the event there is one) shall not be entitled to that

particular distribution. In all fairness the date of distribution (in the event there is one) shall be set

and declared final, but actual distribution shall take place one year after said final date. This

procedure is to allow time for registration for eligibility, in the event that one is born in the last

hours of the last twenty-four hour day. Parents of any new-born in the last twenty-four hour period,

on or off the reservation, shall have time to enroll such new-born in said roll (birth certificate

required as proof.) To be eligible for the LIVING YANKTON SIOUX INDIAN TRIBAL ROLL,

members must possess at least one-quarter (14) degree Yankton Sioux Indian blood, provided,

moreover, that they are not enrolled on another reservation. This section shall not segregate

Yankton Sioux Indian blood, paternal or maternal.

Section 2. The membership rolls shall be reviewed annually by the Committee in order to

keep records up to date as well as make any necessary corrections, said corrections subject to the

approval of the Tribe.

Section 3. The active membership shall be comprised of Tribal members who are of legal

age (21 years and over).

Example 15: Constitution ofthe Skokomish Tribe

Article II -Membership

Section 1. Members.

The membership of the Skokomish Tribe shall include the following persons:

(a) All persons oflndian blood whose names appear on the census roll of the tribe as of January 1,

1937;

(b) All persons born between January 1, 1937, and January 12, 1966, to any member of the

Skokomish Tribe who was a resident of the reservation at the time of the child's birth;

(d) All persons of at least one-eight (c) degree Skokomish blood and at least one-fourth (14) degree

total Indian blood who are descendants of any Skokomish tribal member; and

(e) All persons adopted into the membership as provided in Section 4 of this article.

Section 2. Dual Membership Prohibited.

No person who is an enrolled member of any other Indian nation, tribe, band, or

community shall at the same time be a member of the Skokomish Tribe. Status as an at-large

shareholder in a regional corporation established pursuant to the Alaska Native Claims

Settlement Act shall not be construed as enrollment for purposes of this section.

Section 3. Enrollment Procedures.

(a) No person shall be enrolled in the Skokomish Tribe who has not applied for membership

according to tribal regulations.

(b) The tribal council shall have the following powers regarding enrollment of tribal members:

(1) The power of enact ordinances setting procedures for enrollment and correction of the

tribal roll; and

(2) Subject to approval of the Secretary of the Interior where required by Federal Law, the

power to correct the original or current tribal roll at any time by adding the names of persons who

should have been included or by deleting the names of persons who have relinquished their tribal

membership or who were incorrectly included in the roll.

set out in this constitution. Any person subject to removal from the roll shall be provided with

reasonable notice of the proposed action and an opportunity to present evidence on his or her

behalf.

Example 16: Constitution ofthe Kickapoo Traditional Tribe ofTexas

Article II -Membership

Section 1. The membership of the Kickapoo Traditional Tribe of Texas shall consist of

the following persons:

(a) All persons of Kickapoo Indian blood whose names appear on the official roll of the Texas

Band ofKickapoo dated November 8, 1987, and to those enrolled through November 8, 1988; and

(b) All children, born to a tribal member, who are at least one-fourth (lf4) degree Kickapoo Indian

blood.

Section 2. From and after the adoption of this Constitution, persons who are members of

other federally recognized Indian tribes who are at least lf4 degree Kickapoo Indian blood may

apply for membership in the Tribe provided: (1) they have relinquished their membership in the

other Tribe; (2) they have resided within the jurisdiction of the Tribe as defined in Article I for

three (3) years; and (4) the application for membership is approved by the Membership

Committee.

Section 3. No person shall be a member of the Tribe who is enrolled or recognized as a

member in any other tribe, unless he or she relinquishes membership in such other tribe pending

enrollment with the Kickapoo Traditional Tribe of Texas by submitting to the Tribe a conditional

relinquishment form properly executed. Upon acceptance of enrollment in the Kickapoo

Traditional Tribe of Texas, the member shall provide evidence that his or her name has been

stricken from the rolls of such other Tribe.

Section 4. The Traditional Council shall have the power to prescribe rules and

regulations by ordinance not inconsistent with this Article governing all matters pertaining to

membership.

Section 5. Within reasonable time after the adoption of the Constitution, the Traditional

Council shall appoint a Membership Committee composed of three tribal members who shall serve

four (4) year terms, except no Committee member shall serve more than two (2) consecutive terms.

The Membership Committee shall act on all applications for membership and other issues relating

to membership. Decisions of the Membership Committee may be appealed to the Traditional

Council which shall render final decisions. Persons appealing to the Traditional Council on

membership matters shall be entitled to a hearing after proper notice. Members of the Membership

Committee may be removed only through the recall procedure set out in Article VI, Section 4.

Example 17: Constitution of the Cherokee Nation

Article III -Membership

Section 1. All members of the Cherokee Nation must be citizens as proven by reference to

the Dawes Commission Rolls, including the Delaware Cherokees of Article II of the Delaware

Agreement dated the 8 day of May, 1867, and the Shawnee Cherokees as of Article III of the

Shawnee Agreement dated the 9 day of June, 1869, and/or their descendants.

Section 2. There shall be established a Cherokee Register, to be kept by the Registrar, for

the inclusion of any Cherokee for membership purposes in the Cherokee Nation who presents the

necessary evidence of eligibility for registration.

(a) A Registration Committee shall be established. It shall be the duty of the Registration

Committee to consider the qualifications and to determine the eligibility of those applying to have

their names entered in the Cherokee Register. The Registration Committee shall consist of a

Registrar and two (2) assistants. All members shall be appointed by the Principal Chief, and

confirmed by the Council.

(b) There shall be a number assigned to every name which is approved and entered into the

Cherokee Register. This number shall be preceded by the three words. "Cherokee Registry

Number."

by Article VII.

Section 3. Registration as used in this article refers to the process of enrolling as a member

of the Cherokee Nation and is not the same as the registration for voting purposes.

Example 18: Constitution for The Pueblo ofIsleta, New Mexico

Article II -Membership

The following persons shall be members of the Pueblo of Isleta, provided such persons

shall not have renounced, or do not hereafter renounce their membership by joining another tribe

or pueblo, or otherwise:

Section 1. Persons on one-half (Y:l) or more degree of Isleta Indian blood and Isleta

parentage shall be members of the Pueblo oflsleta, provided they have not renounced their right

to membership.

Section 2. All persons of one-half(~) or more degree Isleta Indian blood whose names

appear on the official census roll maintained by Southern Pueblos Agency, as of January 1, 1970.

Section 3. All persons of one-half(~) or more degree of Isleta Indian blood born after

January 1, 1970.

Section 4. Any person of one-half(~) or more degree of Indian blood who is hereafter

naturalized or adopted in conformity with an appropriate ordinance of the council or according to

the laws and traditions of the Pueblo oflsleta.

Section 5. No person shall be or become a member of the Pueblo oflsleta who is an

emolled member of any other Indian tribe or pueblo.

Section 6. Non-Indians shall never become members of the Pueblo of Isleta.

Section 7. The council shall have the power to adopt ordinances, consistent with this

constitution, to govern future membership, loss of membership and the adoption or naturalization

of members into the Pueblo of Isleta, and to govern the compilation and maintenance of a tribal

roll.

Section 8. No decree of any non-tribal court purporting to determine membership in the

pueblo, paternity or degree of Isleta Indian blood shall be recognized for membership purposes.

The council shall have original jurisdiction and sole authority to determine eligibility for

emollment for all tribal purposes except where the membership of an individual is dependent upon

an issue of paternity, in which case the courts of the pueblo shall have authority and exclusive

jurisdiction.

Example 19: Constitution of the Choctaw Nation of Oklahoma

Article II -Membership

Section 1. The Choctaw Nation of Oklahoma shall consist of all Choctaw Indians by blood

whose names appear on the final rolls of the Choctaw Nation approved pursuant to Section 2 of the

Act of April 26, 1906 (34 Stat. 136) and their lineal descendants.

Section 2. Except as hereinafter provided, any Choctaw by blood who has elected or

shall hereafter elect to become a member of any other tribe or band of Indians may not be a

member of this Nation.

Section 3. The Tribal Council shall have the power to adopt any Choctaw by blood as a

member of the Choctaw Nation who is or has become a member of any other tribe or band of

Indians and who applies for membership in the Choctaw Nation; provided, the applicant

denounces his membership in such other tribe or band of Indians.

Example 20: Constitution of the Otoe-Missouria Tribe ofIndians

Article IV -Membership

Section 1. The membership of the Otoe-Missouria Tribe of Indians shall consist of the

following persons who have not received land or money by virtue of being enrolled as

members of another Indian tribe:

(a) All persons whose names appear on the official membership roll of the Tribe as of October 14,

1966.

(b) All persons who met the requirements for enrollment in effect as of October 14, 1966, but

whose names do not appear on the roll of that date.

degree Otoe-Missouria Tribal blood.

Section 2. The Tribal Council shall implement the provlSlons of the Membership

Resolution adopted February 24, 1949, for determining membership eligibility under Section l(b)

above and shall have the power to enact and enrollment ordinance consistent with the above

provisions, subject to approval by the Secretary of the Interior, which shall include provisions for

adoption and loss of membership and all other enrollment rules and procedures, including the

establishment of an enrollment committee.

A. Considerations.

On many occasions, elections of tribal leaders have resulted in internal tribal disputes,

ultimately leading to unrest within the tribal community and governing body of the tribe.

Inevitably, the internal unrest leads to ineffective and inefficient tribal government. In some

situations, it is difficult, if not impossible, to run the day-to-day operations of tribal government.

Questions arise as to who is really in control of tribal government.

Such unrest can also disrupt tribal dealings with outsiders including the federal

government, state government, and business community. Often the tribes tum to the Bureau of

Indian Affairs (BIA) to resolve the dispute. Meanwhile, the BIA, as well as other federal

agencies, may decide to withhold federal funds sometimes amounting to millions of dollars for

an indefinite period of time until the dispute is resolved. At those times, state governments and

the non-Indian business community are reluctant to engage in any kind of relationship with the

tribe, especially if it involves investing money with the tribe, on or off tribal lands.

Internally, the unrest leads to membership or a faction of leadership mounting challenges

to the legitimacy of purported leaders. This leads to a situation where they seek outside

assistance to resolve a dispute surrounding purported leadership. The outside assistance, often

lawyers, simply intensifies the dispute, which in many cases leads to litigation. When this

happens, litigants will often tum to a federal court. Whether good or bad, the issue most relevant

for a tribe is the effect on tribal sovereignty and whether there will be an infringement on tribal

sovereignty by the very fact that a possibility exist for a federal court to say who are the so-called

legitimate leaders of a tribe, as opposed to the membership deciding the issue. Even more

disturbing for some is the possibility that the BIA will ultimately influence the leadership

determination by acknowledging certain tribal leaders as the so-called legitimate leaders.

These election problems often stem from poor or ineffective procedures for the conduct

of the election process. One safeguard is to organize an autonomous body to oversee elections,

often called an election board. It is important that they be insulated from the control of the tribal

governing body to give the election process more objectivity and legitimacy. Another safeguard

is to enact an election ordinance to instill objectivity in the election process by dealing with each

of the several types oftribal elections. The ordinance should include such provisions as on-going

voter registration, majority voting, secret balloting, absentee voting and a procedure for quickly

settling election disputes. It is imperative to have a procedure and forum readily available to

settle disputes prior to (for example, a candidate challenges his or her name not being placed on

the ballot) and after an election (for example, a candidate challenges the outcome of an election).

It should also set forth a procedure, a referendum or an initiative, for example, for handling

petitioning for recalls of tribal officials and how such petitions are determined to be valid.

The use of a tribal voter registration system has many advantages over the use of such

ambiguous terms as eligible to vote. A voter registration system has the benefit of having a

definite base figure to determine whether a required percentage of voters have signed a petition

or participated in an election.

If the constitution provides for representation by districts, a procedure should be included

to comply with the one-person, one-vote principle. This should insure compliance with the Equal

Protection Clause of the Indian Civil Rights Act. The Constitution should also incorporate

standards such as contiguity and compactness.

Where selection of leadership is determined by other processes, such as appointment by

designated chiefs, religious or clan leaders, it is useful to describe- where this doesn't run afoul

of cultural or religious prohibitions - that process to avoid misunderstandings about the

legitimacy of leadership.

Regarding the selection and appointment or election of a chief, religious or clan leader generally, a traditional or cultural leader- there can be considerable disputes and disagreements

as to who legitimately holds such positions, for how long and how they are selected. And, since

it belongs to the area of core tribalism, there is usually no resort to outside forums, such as a

federal court to determine who legitimately holds such position. In the end, it is a matter for the

tribal community to settle. But, a prolonged dispute often creates political and business problems

when the person holding such a position is entitled to vote on the governing body of the tribe or

has veto power over actions of the governing body. Thus, it is important to describe - again,

where this does not run afoul of cultural or religious prohibitions - the processes governing the

selection and appointment or election of those individuals.

B. Questions.

In those districts electing one representative, in the event no candidate received

more than 50 percent of the votes cast, should: 1) A run-off election be held between the two

candidates receiving the most votes? Or 2) The candidate receiving the most votes be declared

the winner? If a run-off, when shall the election be held?

If your Constitution will establish voting districts, should the Constitution

contain a specific mandate to apply a district criteria of contiguity, i.e., a contiguous district is

one in which a person can go from any point within the district to any other without leaving the

district? For purposes of contiguity should water be considered land?

If your Constitution will establish voting districts, should the Constitution contain

a specific mandate to apply a district criterion of compactness, i.e., are appropriate shapes of

districts and the appropriate linkage between the shaped districts assumed?

Should the Constitution contain a specific mandate of a one-man/one-vote

principle? What should be the standard deviation: 5%, 10% or another percentage figure? Should

the standard deviation apply to each district or as a whole to the entire exterior boundaries of the

identified district boundaries? Should the 10 % standard deviation limit be combined, i.e., the

deviation from the ideal of the most over-populated and under-populated districts combined to

10 percentage points?

Should the districts be based on population or registered voters?

Should the geographical boundaries of the districts be based as close as possible

to postal zip code boundaries?

C. Existing Provisions. [to be filled in by Tribe]

D. Suggested Provisions.

Section 1. Voter Requirements.

Any enrolled member of the Tribe who is __ years of age or older and is registered to

vote shall be entitled to vote in Tribal elections, except if such member is judicially declared

mentally incompetent.

Section 2. Voting.

Except as may be otherwise specified in this Constitution, voting in Tribal elections shall

be by secret ballot cast at polls established by the Election Board at such sites designated by the

Election Board. Absentee voting shall be permitted in accordance with such procedures as shall

be established by the Election Board. No proxy voting or write-in voting shall be allowed in

Tribal elections.

Section 3. Regular and Special Elections.

-l

The governing body shall provide by ordinance for the holding of regular elections,

including establishing dates, times and places for holding such elections. The governing body

shall also provide by ordinance for the holding of special elections by establishing the procedure

by which such elections may be called and held with adequate notice provided to registered

Tribal voters.

Section 4. Election Board.

(a) Within 180 days of the effective date of this Constitution, an Election Board

composed of three registered voters of the Tribe shall be appointed for staggered terms of threeyears by a majority vote of the governing body members present at a regular meeting of the

governing body. The initial term of each Board member first appointed shall be randomly

assigned with one Board member serving three years, one Board member serving two years and

one Board member serving one year. Board members may only be removed for cause. Removal

from office requires a majority vote of the entire governing body present a regular meeting prior

to the expiration of their term. Any person who holds any elective or appointed Tribal office or

is a candidate for such office shall be ineligible to serve on the Election Board. Any Board

member who becomes a candidate, is elected to Tribal office or is appointed to Tribal office shall

automatically forfeit the remainder of their term of office on the Election Board.

(b) The Election Board shall be responsible for enforcing Tribal election laws.

by ordinance.

(d) The Election Board may issue such regulations as may be necessary to carry out a

Tribal election ordinance.

Section 5. Election Ordinance.

The governing body shall enact an election ordinance that shall include, but shall not

be limited to, voter registration requirements, a provision for the appointment of a threemember Election Board and a provision to expeditiously resolve disputed elections.

Section 6. First Election.

(a) The first election under this Constitution shall be held on the date of the next regular

election that was scheduled under the Constitution [and Bylaws] and shall be supervised and

conducted pursuant to an election ordinance enacted by the governing body then in office

pursuant to Section 5 of this Article. [note: should be made fact specific to the tribe]

(b) All members of the governing body at the time this Constitution becomes effective

shall continue to serve and shall be entitled to exercise all powers granted by this Constitution to

the governing body until such time as their successors are elected and installed under this

Constitution.

E. Examples.

Example 1: Constitution and Bylaws of the Chitimacha Tribe ofLouisiana

Article VI- Elections

Section 1.

Annual elections shall be held on the second Saturday in June to fill vacancies on the

council resulting from the expiration of the two-year terms of office. Officers and councilmen,

hereinafter referred to as members of the Tribal council, shall be elected by secret ballot. A

majority of those voting shall be necessary to effect election.

Section 2. Entitlement to vote.

Any Tribal member, male or female, eighteen (18) years of age or over, shall be entitled

to vote in any election, except in elections to adopt or amend this constitution. Participation in

elections to adopt or amend this constitution shall be limited to those who are twenty-one (21)

years of age or older. No person shall be permitted to vote in any election unless he is duly

registered.

Section 3. Election Ordinance.

The Tribal council shall enact an ordinance governing the conduct of Tribal elections and

referendums, provided that such election ordinance shall provide for voter registration, secret

balloting, absentee voting, and procedures for settling election disputes.

Section 4. First Election.

Within four (4) months after the approval of this constitution, the chairman of the present

council shall call a special election for the purpose of electing the members of the Tribal council.

The present council shall appoint an election board of three (3) persons to supervise the first

election of members of the Tribal council under this constitution. The board shall prescribe rules

and regulations for conducting such election, which shall be by secret ballot. After the first

election, the members of the Tribal council shall be elected in accordance with Section 3 of this

Article.

Example 2: Constitution of the Southern Ute Indian Tribe of the Southern Ute

Indian Reservation, Colorado

Article IV- Nominations and Elections

Section 1. The First Election.

The first election under this constitution shall be held on the first Friday in November

(November 7, 1975) and shall be supervised and conducted in accordance with an election

ordinance enacted by the council then in office pursuant to Section 7 of this article. The position

of Tribal council chairman and the two (2) vacancies on the council which would occur in

November, 1975 under the original constitution, shall be filled for three (3) year terms at the

November 7, 1975 election. Those incumbents in the two (2) above mentioned council positions

shall continue to serve until December 2, 1975 unless earlier removed from office, or until their

successors are duly elected and installed.

Successful candidates for the three (3) vacant council positions (chairman and two (2)

council members) and the person appointed by the chairman to serve as vice-chairman, shall be

installed in office on the first Tuesday of December (December 2, 1975). Thereafter there shall

be annual elections on the first Friday in November to fill for three (3) year terms, the two (2)

vacancies occurring each year so as to continue the system of staggered terms of office. Every

third year there shall also be elected a Tribal council chairman for a three (3) year term. No

person shall hold the office of Tribal Council Chairman consecutively for more than three terms.

Section 2. Terms of Office.

The terms of office of the Tribal council chairman and the members of the Tribal council

shall be three (3) years, PROVIDED, that upon adoption and approval of this constitution the

unexpired terms of the council members elected under the previous constitution shall continue

until their terms expire at the end of three (3) years from the date of their installation or until

their successors are duly elected and installed.

Section 3. Assumption of Office.

Newly-elected members of the Tribal council shall be installed in office on the first

Tuesday of December after their election. Persons who are elected or appointed to fill any

unexpired term on the council shall take office immediately following certification of their

election or appointment.

Section 4. Voter Qualifications.

Any enrolled member of the Southern Ute Indian Tribe, male or female, eighteen (18)

years of age or over, shall be entitled to vote at any Tribal election PROVIDED such person is

duly registered.

Section 5. Qualification of Candidates.

Candidates for membership on the Tribal council shall be at least twenty-five (25) years

of age at the time of election or appointment, and shall have physically resided within the present

exterior boundaries of the Southern Ute Indian Reservation for at least ninety (90) days

immediately preceding their appointment or the election at which they are candidates for Tribal

office. No person who has been convicted of a felony shall qualify as a candidate or hold

membership on the Tribal council.

Section 6. Election Board.

An election board, appointed by the Tribal council, shall maintain a register of qualified

voters, rule on the eligibility of the candidates for Tribal office, settle all election disputes and

supervise and administer all Tribal elections in accordance with established Tribal ordinances

and in conformity with this constitution PROVIDED, that no member of the election board shall

be at the same time a member of the Tribal council or a candidate for Tribal office. Persons

appointed to the election board may be removed by the Tribal council chairman with the

concurrence of the Tribal council. The election board shall choose its own chairman, vicechairman and secretary from within its membership.

Section 7. Election Ordinance.

Rules and procedures governing the elections under this constitution shall be prescribed

by ordinance of the Tribal council. Such ordinance shall include provisions for notice of election,

secret ballots, absentee voting, registration of voters, special elections and a procedure for

settling election disputes. Further, it shall contain provisions to govern the filling of unexpired

terms of office pursuant to Section 6(b) of Article V and the conduct of referendum elections as

set forth in Section 3 of Article VI.

Example 3: Constitution and Bylaws of the Upper Skagit Indian Tribe

Article IV -Nominations and Elections

Section 1. Eligibility to vote and hold office.

All members of the Upper Skagit Tribe 18 years of age or older shall be eligible to vote,

and any qualified voter 21 years of age or older may become a candidate for the Tribal council.

Section 2. Election Dates.

The first Tribal council election under this constitution shall be held within 30 days after

the constitution is ratified and approved. Thereafter, Tribal council elections shall be held at the

annual membership meeting.

Section 3. Nominations.

Nominations for the Tribal council may be made from the floor, or in accordance with

other procedures approved by the membership.

Section 4. Election Procedures.

Election procedures shall be in accordance with written election regulations adopted by

the Tribal council. The regulations shall require voting by secret ballot, provide for absentee

balloting, and shall prescribe the duties of the election board, outline procedures for settlement of

election disputes, tie votes, and shall include any further provisions which are consistent with

this constitution and bylaws.

Section 5. Council Terms.

At the first election, the three candidates receiving the highest number of votes shall

hold office for three (3) years; the next two highest for two (2) years; and the next two (2)

highest for one ( 1) year or until the first annual election.

In the following annual elections, the councilmen shall be elected on the above staggered

basis for three (3) year terms.

Example 4: Constitution of the Kickapoo Traditional Tribe ofTexas

Article V - Elections

Section 1. Regular Elections.

Elections shall be held every two (2) years on the third Saturday in November with the

members being selected to fill the positions with terms expiring that year on the Traditional

Council. Following the first election conducted under this Constitution all terms of office shall

be for four (4) years or until successors are duly elected and installed. Members of the

Traditional Council shall be selected by secret ballot. Section 2. Special Elections

In the event a special election is required by any provision of this Constitution, it shall be

called by the Election Board and be governed by the Election Ordinance. All special elections

shall be held at the earliest possible time during the period October through April, provided at

least thirty (30) days notice is given.

Section 3. Eligible Voters

Each Tribal member as defined in Article II of this Constitution shall have the right to

vote in any Tribal election, provided such member: (1) is at least eighteen ( 18) years of age at the

time of such election; and (2) has resided within the jurisdiction of the Tribe as defined in Article

I for at least three (3) years at the time of the election. Residency shall be determined by a voter

registration procedure to be set forth in the Election Ordinance.

Section 4. Election Board and Ordinance

(a)

The Traditional Council shall appoint an Election Board consisting of three Tribal

members who shall administer and supervise all Tribal elections. The Election Board shall

resolve all matters pertaining to qualifications of prospective candidates, secret balloting, filing

procedures, election disputes, and all other matters pertaining to or arising from Tribal elections.

The Election Board shall call and conduct all Tribal elections in accordance with a Tribal

Election Ordinance. Members of the Election Board shall serve four (4) year terms, except no

Board member may serve more than two (2) consecutive terms. The Election Board shall select a

Chairman and Secretary from among the Board members. Members of the Election Board may

be removed only through the recall procedure set out in Article VI, Section 4, except that if the

Election Board refuses to call any election required by this Constitution, the Board members

forfeit their position and the Traditional Council may appoint new members. Members of the

Traditional Council may not be appointed to the Election Board.

(b)

All Tribal elections shall be conducted in accordance with an Election Ordinance

enacted by the Traditional Council consistent with this Constitution. Such ordinance shall

provide procedures for all aspects of elections, and shall also provide for the conduct of

initiative, recall, removal, and referendum elections, and a uniform petitioning procedure. Notice

of all regular and special elections and meetings shall be posted in at least three (3) public placed

within the Kickapoo Village.

Example 5: Constitution of the Cherokee Nation of Oklahoma

Article IX. - Election

Section 1.

The Council shall enact an appropriate law not inconsistent with the provisions of this

Constitution that will govern the conduct of all elections, provided that the initial election of the

Council and Deputy Principal Chief shall be conducted pursuant to rules and regulations

promulgated by the Principal Chief and the provision set forth in Articles V and VI of this

Constitution, notwithstanding, the Principal Chief or Council may adopt rules requiring a

majority vote for any elective office.

Section 2.

Any member of blood of the Cherokee Nation at least twenty-five (25) years of age on

that date of the election may be a candidate for the Council. No person who shall have been

convicted of or has pled guilty or has pled no defense to a felony charge under the laws of United

States of America, or of any State, Territory, or Possession thereof, shall be eligible to hold any

office or appointment of honor, profit or trust within this Nation unless such person has received

a pardon. Any person who holds any office of honor, profit or trust in any other tribe of Indians,

either elective or appointive shall be ineligible to hold simultaneously any office of honor, profit

or trust of the Cherokee Nation unless approved by the Council

--]

Example 6. Constitution/or The Pueblo ofIsleta, New Mexico

Article VI- Nominations, Elections and Appointments

Section 1.

A general election shall be held on December 30 of each even-numbered year for the

purpose of electing a governor.

Section 2.

Any enrolled member of the Pueblo of Isleta aged twenty-one (21) years or more on the

date of the election shall be eligible to vote in any general election of the pueblo, provided that

he or she has registered to vote.

Section 3.

The council shall designate a polling place at a public location within the pueblo and,

during the hours 8:00a.m. to 7:00p.m. on the first consecutive Saturday and Sunday following

the first Monday in December of even-numbered years, the council secretary shall register

eligible voters of the pueblo to vote in the general election. An announcement of the forthcoming

dates and place of registration shall be posted in one or more public places at least ten (1 0) days

in advance of registration.

Section 4.

At the time he or she registers, each eligible voter shall cast a secret ballot, nominating an

eligible enrolled member of the pueblo as a candidate for governor. The three eligible persons

receiving the greatest number of votes shall be certified by the council secretary as the only

candidates for the office of governor in the next general election of the pueblo.

Section 5.

Not less than ten (10) days preceding the date of each general election of the pueblo, the

council secretary shall post, in one or more public places, an announcement of the forthcoming

election, including a list of the candidates whose names will appear on the ballot and the location

of the polling place designated by the council.

Section 6.

Voting shall be by secret ballot, the form ofwhich shall be established by the council.

Section 7.

The polling place shall be open between the hours of 8:00a.m. and 7:00p.m. on election

day for any general or special election of the pueblo.

Section 8.

All elections of the pueblo shall be conducted under the supervision of the council

secretary with the assistance of such poll clerks as the secretary may require and the council may

provide.

Section 9.

Immediately following the closing of the polling place on any election day the council

secretary, together with the poll clerks and a representative of each candidate or party whose

name appeared on the ballot, shall open the ballot box and count the ballots. The council

secretary shall thereupon certify the results ofthe election. At general elections of the pueblo the

candidate receiving the greatest number of votes shall be certified as the winning candidate for

governor; the candidate receiving the next highest number of votes shall be certified as the newly

elected president of the council; and the candidate receiving the third highest number of votes

shall be certified as the vice-president of the council.

Section 10.

On January 1 following any general election of the pueblo the governor-elect shall name

four (4) qualified members of the pueblo to be members of the council; and the council president

and vice-president-elect shall each name three (3) qualified members of the pueblo to be

members of the council.

Section 11.

The term of office of all executive officers and council members shall be two (2) years,

beginning on January 6 following each general election of the pueblo, or immediately upon

certification of the winning candidate in any special election held to fill a vacancy.

Section 12.

At the first council meeting following each general election of the pueblo, the council

shall appoint one of its members as council secretary and shall appoint a qualified member of the

pueblo as treasurer. The treasurer of the pueblo shall serve at the pleasure of the council and he

may be removed from office by majority vote of the council.

Section 13. Treasurer.

The treasurer shall:

(a) Keep the financial records of the pueblo and make disbursements from pueblo funds

in conformity with the annual budget of the pueblo or at the direction of the council;

(b) Co-sign with the governor all checks authorized by the council to be drawn against

the accounts of the pueblo.

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Section 14.

The offices of first lieutenant governor, second lieutenant governor, sheriff and

undersheriff shall be filled by qualified members of the pueblo appointed by the governor-elect

following his election to office and prior to his inauguration.

Section 15.

Any elected or appointed official of the pueblo or council member may resign his office

by tendering his written resignation to the council at any regular or special meeting thereof.

Section 16.

Controversies and disputes growing out of any election of the pueblo shall be decided by

the incumbent council of the pueblo. Article VIII -Filling Vacancies and Special Elections

Section 7. In the event of a tie vote in any general or special election of the pueblo the winner

shall be decided by lot before the council.

Example 7: Constitution ofThe Mohegan Tribe ofIndians ofConnecticut

Article III - Jurisdiction

Section 6.

The Officers of the Council of Elders shall be elected in the following manner: At their

first regular meeting following each election, the Elders shall elect from among the membership

of the Council of Elders, a Chair, a Vice-Chair, a Secretary, and a Treasurer. Those Elders who

are elected to these positions shall have those additional powers and duties as are hereinafter

enumerated.

Article VI - Elections

Section 1.

In order to qualify for and seek election to a position on the Tribal Council, a person:

(a) Must be at least 21 years of age prior to the date of the election;

(b) Must be a registered voting member of The Tribe in good standing;

(d) Must not have been convicted of either a felony or a misdemeanor involving moral

integrity, such as forgery or bribery.

(e) Subsection (d) of Article VI, Section 1 may be waived by a majority vote of the

Council of Elders.

Section 2.

In order to qualify for and seek election to a position on the Council of Elders, a person:

(d) Must not have been convicted of either a felony or misdemeanor involving moral

integrity, such as forgery or bribery.

(e) Subsection (d) of Article VI, Section 2 may be waived by a majority vote of the

Council ofElders.

Section 3.

The current members of the Tribal Council and Council of Elders shall serve until five

years have expired from the dates they became seated, respectively. Regular elections for the

Tribal Council and Council of Elders shall be held on the last Sunday in August, and the newly

elected members of each body shall take office on the first Monday in October following the

respective elections.

Article VII - Voting

Section 1.

Any member of The Mohegan Tribe who attains the age of eighteen ( 18) shall be entitled

to become a registered voter, pursuant to the procedures set forth in The Tribal Election

Ordinance, and shall be entitled to vote in the next Tribal election.

Section 2.

In each Tribal election, every registered voting member shall be entitled to cast one vote

for each elective position available.

Section 3.

All elections shall be by secret ballot and absentee ballots shall be allowed for registered

voters. No votes in a Tribal election, however, may be cast by proxy.

Example 8: Constitution of the Confederated Tribes of Siletz Indians of Oregon

Article VI - Elections

Section 1. Voters.

- l

All duly enrolled members of the Confederated Tribes of Siletz Indians of Oregon

who are eighteen ( 18) years of age or older shall have the right to vote in all Tribal elections.

Section 2. Manner of Voting.

All elections shall be by secret ballot, except that the General Council may make

advisory recommendations to the Tribal Council by voice vote or show of hands at General

Council meetings. Voting by mail and absentee ballot shall be provided for by ordinance. The

ordinance shall require that such ballots be made available to members sufficiently in advance of

any election to permit the ballots to be submitted by voters to the Tribal office prior to the

scheduled date of the elections. Ballots so submitted shall be counted along with ballots cast in

person at the polls.

Section 3. Tribal Council Election.

Elections for Tribal Council shall be held annually on the first Saturday of February,

except as provided in Article VI, Section 5. The times and places of voting shall be designated

by the Tribal Council. New members shall take office upon certification of election results by the

Election Board. Candidates for Tribal Council must be duly enrolled members of the

Confederated Tribes of Siletz Indians of Oregon who will be at least eighteen ( 18) years of age

on the date of election and who have never been expelled in accordance with Article VII, Section

4. Candidates must file statements of their candidacy with the Election Board not less than fortyfive days before the annual election. The Election Board shall make public the list of candidates

not less than thirty days before the election.

Each voter shall be allowed to cast one vote for each vacancy on the Tribal Council. No

more than one vote per candidate shall be cast. The winners shall be chosen plurality according

to the rank order of votes received. In the event of a tie, the winner shall be chosen by flipping a

coin under the supervision of the Election Board.

Section 4. Election Ordinance.

The Tribal Council shall enact an election ordinance consistent with the provisions of this

Constitution. The ordinance shall include provision for appointment by the Tribal Council of a

three-member Election Board. The members of the Election Board shall serve for set terms of

office and shall be removable prior to the expiration of their terms only for cause. No person who

holds any elective Tribal office or is a candidate for such office shall be eligible to serve on the

Election Board. The Election Board shall supervise all Tribal elections, verify petitions by Tribal

members, and perform such other duties as are set by the election ordinance. The ordinance shall

include provision for settlement of election disputes, including the right to appeal to the Tribal

Court whose decision shall be final.

Section 5. First Election.

Notwithstanding the above provisions, the election of the first Tribal Council under this

constitution shall be in accordance with an election ordinance enacted by the Interim Tribal

Council which accords as much as is feasible with the above provisions and which is made

available to the Tribal membership no more than thirty days after certification of the adoption of

this Constitution. The ordinance shall provide that the election will be held no later than one

hundred-twenty days after adoption of the Constitution, and may provide that there will be no

regular, annual election of Tribal Council members thereafter until February of 1981. The first

Tribal Council elected under this Constitution shall be elected with three members at three-year

terms, three members at two-year terms, and three members at one-year terms, or until

certification of his or her successor's election: Provided, any person who meets the requirements

in Section 4(b) ofthe Act ofNovember 18, 1977, 91 Stat. 1415, shall be entitled to vote, whether

they meet the membership requirements under Article 1, Section 1 of this Constitution.

Section 6. Vacancies.

In the event that any electi

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