[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR81.6]

[Page 249-250]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 81--TRIBAL REORGANIZATION UNDER A FEDERAL STATUTE--Table of Contents
 
Sec. 81.6  Entitlement to vote.

    (a) If the group is a tribe, or tribes, of a reservation and is 
acting to effect reorganization under a Federal Statute for the first 
time:
    (1) Any duly registered adult member regardless of residence shall 
be entitled to vote on the adoption of a constitution and bylaws.
    (2) Duly registered adult nonresident members and ill or physically 
disabled registered adult resident members may vote by absentee ballot 
(see Sec. 81.19).
    (b) If the group is composed of the adult Indian residents of a 
reservation:
    (1) Any adult duly registered member physically residing on the 
reservation shall be entitled to vote.
    (2) Absentee voting shall be permitted only for duly registered 
residents temporarily absent from the reservation, ill, or physically 
disabled.
    (c) If the group is a tribe, or tribes, without a reservation as 
defined in this part, any duly registered member shall be entitled to 
vote on the adoption of a constitution and bylaws by either arriving at 
a polling place or by requesting, properly completing, and timely 
casting an absentee ballot as determined by the election board pursuant 
to the relevant Federal Statute; provided, that outside of Alaska and 
Oklahoma, a reservation shall be established for the tribe before it 
becomes entitled to vote on the adoption of a constitution.
    (d) For a reorganized tribe to amend its constitution and bylaws, 
only members who have duly registered shall be entitled to vote; 
provided, that registration is open to the same class of voters that was 
entitled to vote in the Secretarial election that effected its 
reorganization, unless the amendment article of the existing 
constitution provides otherwise.
    (e) For a reorganized tribe to revoke its constitution and bylaws, 
only members who have duly registered shall be entitled to vote; 
provided, that registration is open to the same class of voters as was 
entitled to vote in the Secretarial election that effected its 
reorganization, unless the amendment article of the existing 
constitution provides otherwise.

[[Page 250]]

    (f) For a reorganized tribe to ratify a charter or to adopt a 
charter amendment, any adult member who has duly registered shall be 
entitled to vote, provided that if the tribe is of a reservation, only 
duly registered members physically residing on the reservation shall be 
entitled to vote.