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ARTICLE XI – INITIATIVE AND REFERENDUM
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Section 1. Initiative.

(a) The eligible voters of the tribe shall have the power to propose any ordinance to the tribal council or to repeal or amend any ordinance in accordance with the provisions of this Article, Except ordinances concerning budget, capital generating programs, appropriation of revenues, the levy of fees or taxes, or salaries of employees or officials.

(b) The procedure for initiatives shall be as follows:

(1) Initiative petitions must be signed by at least twenty percent (20%) of the eligible voters of the tribe and shall be presented to the tribal council.

(2) In the event the tribal council fails to adopt the initiative, the initiative shall be submitted to the eligible voters at a special election for their acceptance or rejection.

(3) The vote of a majority of those actually voting shall be conclusive and binding upon the tribal council; Provided, That at least thirty-five percent (35%) of the eligible voters of the tribe cast ballots in said special election.

(4) The election on the initiative shall be held not less than thirty (30) days and not later than sixty (60) days from the date the initiative and a valid petition are filed with the tribal council.

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Section 2. Referendum.

(a) The tribal council shall upon the vote of three (3) council members submit any proposed or previously enacted ordinance to a vote of the eligible voters, Except ordinances proposed or existing concerning budget, capital general programs, appropriations of revenues, the levy of fees or taxes, or salaries of employees or officials.

(b) The procedure for a referendum election shall be as follows:

(1) The vote of a majority of the those eligible voters actually voting shall be conclusive and binding upon the tribal council, Provided, That at least thirty-five percent (35%) of the eligible voters of the tribe cast ballots in a referendum election.

(2) Referendum elections shall be held not less than thirty (30) days and not later than sixty (60) days from the date the proposed or existing ordinance is referred to the voters by the vote of the tribal council as provided for in this subsec

(c) For the purposes of implementing the adoption provisions of Article II, Section l(c), the vote of a majority of those eligible voters actually voting shall be necessary to approve the adoption of an applicant into the tribe; Provided, That at least thirty-five percent (35%) of the eligible voters of the tribe cast ballots in said special election.

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