Title 25IndiansRelease 119-73not60

§1326 Special Election

Title 25 › Chapter 15— CONSTITUTIONAL RIGHTS OF INDIANS › Subchapter III— JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS › § 1326

Last updated Apr 5, 2026|Official source

Summary

If a state gets authority under this law for crimes, civil cases, or both, that authority only applies in Indian country when a majority of the enrolled adult Indians in the affected area vote to allow it in a special election. The Secretary of the Interior must hold that special election under rules he sets when the tribal council or other governing body asks for it, or when 20 percent of the enrolled adults ask for it.

Full Legal Text

Title 25, §1326

Indians — Source: USLM XML via OLRC

State jurisdiction acquired pursuant to this subchapter with respect to criminal offenses or civil causes of action, or with respect to both, shall be applicable in Indian country only where the enrolled Indians within the affected area of such Indian country accept such jurisdiction by a majority vote of the adult Indians voting at a special election held for that purpose. The Secretary of the Interior shall call such special election under such rules and regulations as he may prescribe, when requested to do so by the tribal council or other governing body, or by 20 per centum of such enrolled adults.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1326

Title 25Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60