Page:United States Statutes at Large Volume 97.djvu/1099

 PUBLIC LAW 98-165—NOV. 22, 1983 97 STAT. 1067 Council, along with a brief and impartial description of the proposed constitution and bylaws shall be sent to each member eligible to participate in such election under section 7(d). The members of the Interim Council may freely consult with members of the tribe concerning the text and description of the constitution and bylaws, except that such consultation may not be carried on within fifty feet of the polling places on the date of such election. (c) MAJORITY VOTE FOR ADOPTION; PROCEDURE IN EVENT OF FAIL- URE To ADOPT PROPOSED CONSTITUTION. —(1) In any election held pursuant to subsection (a) of this section, a vote of a majority of those actually voting shall be necessary and sufficient for the approval of the adoption of the tribal constitution and bylaws. (2) If in any such election such majority does not approve the adoption of the proposed tribal constitution and bylaws, the Interim Council shall be responsible for preparing another tribal constitu- tion and other bylaws in the same manner provided in this section for the first proposed constitution and bylaws. Such new proposed constitution and bylaws shall be adopted by the Interim Council no later than six months after the date of the election in which the first proposed constitution and bylaws failed of adoption. An election on the question of the adoption of the new proposal of the Interim Council shall be conducted in the same manner provided in subsec- tion (a)(2) for the election on the first proposed constitution and bylaws. (d) ELECTION OF TRIBAL GOVERNING BODY. — Not later than one hundred and twenty days after the tribe approves the adoption of the tribal constitution and bylaws and subject to the approval of the Secretary, the Interim Council shall conduct an election, by secret ballot, to elect the tribal governing body established under such constitution and bylaws. Notwithstanding any provision of the tribal constitution and bylaws, absentee and write-in balloting shall be permitted in an election under this subsection. MEMBERSHIP ROLLS; VOTING RIGHTS OF MEMBER SEC. 7. (a) MEMBERSHIP ROLL ESTABLISHED AND OPENED. — The 25 USC 7i3e. membership roll of the tribe is established and open. (b) CRITERIA GTOVERNING ELIGIBILITY. — (1) Until the first election of the tribal governing body is held pursuant to section 6(d), any living individual may be enrolled on the membership roll of the tribe if— (A) that individual's name was listed on the final membership roll of the tribe published on April 6, 1956, in volume 2, number 101, Federal Register, pages 3636 through 3642; 20 FR 3636-3642. (B) that individual was entitled to be on the membership roll of the tribe on August 13, 1954, but was not listed; or (C) that individual is a descendant of an individual, living or dead, described in subparagraph (A) or (B) and possesses at least one-fourth degree of blood of members of the tribe, living or dead, or individuals who are or would have been eligible to be members under this paragraph. (2) After the first election of the tribal governing body is held pursuant to section 6(d), the provisions of the constitution and bylaws adopted in accordance with section 6(a) shall govern mem- bership in the tribe. (c) PROCEDURES FOR VERIFICATION OF ELIGIBILITY.—(1) Before the election of the members of the Interim Council is held pursuant to section 5(b), verification of (A) descendancy, for purposes of enroll-

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