25 C.F.R. § 81.57

How do I determine how many signatures are needed for a petition to be valid?

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(a) For a tribe whose governing document or charter of incorporation provides for petitioning the Secretary to call a Secretarial election:

(1) The spokesperson for the petitioners may ask the tribe or the Local Bureau Official how many signatures are required.

(2) The Local Bureau Official will:

(i) Contact the tribal governing body to obtain the current number of tribal members, 18 years of age or older, to determine the number of tribal members who must sign a petition as required by the tribe's governing document; and

(ii) Notify the petitioners' spokesperson how many signatures are required and that the number is valid for 180 days from the date of this notification.

(b) For a federally recognized tribe adopting a governing document under Federal statute for the first time, the petition must have signatures of 50 percent of the tribal members who are 18 years of age or older.

Notes of Decisions

Cited in 2 cases, 2020–2020 · leading case: New Holy v. United States Dep't of Interior (D.S.D. 2020).

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New Holy v. United States Dep't of Interior (D.S.D. 2020). “XI; 25 C.F.R. §§ 81.57 (a)(2)(i), 81.58. This 1Plaintiffs’ complaint names Danielle Daughtery as a defendant.”

New Holy v. United States Dep't of Interior (D.S.D. 2020). “25 C.F.R. § 81.57 (a). Under the OST Constitution, a petitioner needs signatures from one-third of eligible tribal voters to request a secretarial election to amend the Constitution.”

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