25 U.S.C. § 5127: Procedure

Summary

Requires that in any election under the 1934 Act about removing a reservation from the Act, adopting or changing a constitution and bylaws, or approving a charter, the choice that gets more than half of the votes cast is the winner. However, at least 30 percent of the people who are allowed to vote must actually cast ballots for the result to count.

Title 25, §5127

Indians, Source: USLM XML via OLRC

In any election heretofore or hereafter held under the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.], on the question of excluding a reservation from the application of the said Act or on the question of adopting a constitution and bylaws or amendments thereto or on the question of ratifying a charter, the vote of a majority of those actually voting shall be necessary and sufficient to effectuate such exclusion, adoption, or ratification, as the case may be: Provided, however, That in each instance the total vote cast shall not be less than 30 per centum of those entitled to vote.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of

June 18, 1934, referred to in text, is act

June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 5101 of this title and Tables. Codification Section was formerly classified to section 478a of this title prior to editorial reclassification and renumbering as this section.

§5127 Procedure