amendments

PURPOSE

Define the process by which the Constitution may be amended.

EXAMPLES

Turtle Mountain Band Of Chippewa Indians (2001)

Section 1. This Constitution and Bylaws may be amended by a majority of the qualified voters of the Turtle Mountain Band of Chippewa Indians at an election called for that purpose; provided that at least twenty percent (20%) of the resident voters of the Tribe entitled to vote shall vote in such election, but no amendment shall become effective until it shall have been approved by the Secretary of the Interior or his delegated representative.

Section 2. It shall be the duty of the Tribal Council to call such election on any proposed amendment upon receipt of a petition signed by twenty percent (20%) of the qualified resident voters of the Tribe or the Tribal Council may call such an election by an affirmative vote of five (5) members of the Tribal Council.

Tunica–Biloxie Indians of Louisiana (1974)

These articles and bylaws may be amended by a majority vote of the qualified voters of the tribe voting at an election called for that purpose provided that at least thirty (30%) percent of those entitled to vote shall vote in such election; but no amendment shall become effective until it shall have been approved by the tribal council.

The Board of Directors shall, at any meeting with a quorum present, have the power to make, amend and repeal bylaws for the governing and regulating of the affairs of the corporation; provided only that same be not inconsistent with the Articles and Louisiana Law. All actions relating to the bylaws shall require a two-thirds (2/3) vote of directors present and voting.

THUS DONE AND SIGNED before me, Notary and undersigned competent witnesses on the date first above written, after due reading of the whole.

Southern Ute Indian Tribe (1975)

Section 1. This constitution may be amended at an election authorized by the Secretary of the Interior.

(a) Whenever, by favorable vote of at least four (4) members of the tribal council, the governing body of the tribe shall authorize the submission of a proposed amendment to the electorate of the tribe, or

(b) Whenever a minimum of twenty percent (20%) of the registered voters of the tribe, by signed petition, shall request such amendment. Section 2. If, at such election, the amendment is adopted by majority vote of the registered voters of the tribe voting therein, and if the number of ballots cast represents not less than thirty percent (30%) of the registered voters, such amendment shall be submitted to the Secretary of the Interior and, if approved by him, it shall thereupon take effect.

KEY CONCEPTS

Define clear procedures for proposal and approval of amendments

POINTS TO CONSIDER

• Is a Secretarial election desired and/or needed?

• Percentage of citizen approval required for adoption

• Is federal approval desired and/or needed?