Omaha Indian blood. Omaha Indian children adopted by non-Indians shall be eligible if they otherwise meet the requirements for enrollment.

§ 50.4 Application forms.

(a) Application forms prescribed by the Secretary of the Interior may be obtained from the Director; the Winnebago Agency, Winnebago, Nebraska; or from the Omaha Tribal Council, Macy, Nebraska.

(b) Among other information, each application requires:

(1) The name, address, and date of birth of the applicant and, if application is filed on behalf of a minor, a mental incompetent, a member of the Armed Forces stationed outside the Continental United States, or a person who has died since September 14, 1961, the name and address of person filing for such individual and a statement as to his relationship to applicant.

(2) Degree of Omaha Indian blood claimed.

(3) Name, allotment roll number, date of allotment roll, degree of Omaha blood, and relationship of applicant to Allottee through whom eligibility is claimed, including Indian name, if known. § 50.5 Filing of applications.

Any adult person who desires to be enrolled to share in the judgment funds and believes he meets the requirements for enrollment must file or have filed in his behalf a completed application form with the Director on or before January 15, 1962. Written application forms for minors, mentally incompetent persons, members of the Armed Forces stationed outside the Continental United States or persons who have died since September 14, 1961, may be filed by the parent, recognized guardian, next of kin, next friend, spouse, executor or administrator of estate, the Director, or other person on or before January 15, 1962.

§ 50.6 Burden of proof.

The burden of proof rests upon the applicant to establish his eligibility for enrollment with the Tribe. Such proof may be partly established by documentary evidence such as birth certificates, death certificates, baptismal records, copies of probate findings, affidavits, etc.

§ 50.7

Review of applications and action by Tribe.

For a period of three months from January 15, 1962, the Director shall permit the examination of the applications by the governing body of the Omaha Tribe of Nebraska for the purpose of lodging protests against any application and to permit the governing body of the Tribe to take necessary action on applications filed by persons enrolled with other tribes of Indians or who have received allotments of land on other reservations. Allotments or interests in allotments on other reservations received through inheritance or purchase will not disqualify an applicant for enrollment.

§ 50.8 Action by the Director.

The Director shall consider each application and the tribal governing body's action thereon. When the Director disagrees with the tribal action taken on any application the file in the matter shall be transmitted with the Director's recommendation to the Commissioner for secretarial decision. When there is no disagreement, upon determination of the eligibility of the applicant, the Director shall notify the applicant in writing of his decision. If such determination is favorable, the name of the applicant shall be placed on the roll. If the Director's determination is adverse, the applicant shall be notified of such decision in writing by certified mail, return receipt requested, together with a full explanation of the reasons therefor and of his right to appeal to the Secretary. If an individual files applications on behalf of more than one person, one notice of eligibility or rejection may be addressed to the person who filed the applications. Said notice must list the name of each person involved. § 50.9 Appeals.

The applicant's appeal from the Director's adverse decision must be in writing addressed and mailed to the Director and received by him within 30 days from the receipt of the rejection notice. Any supporting evidence not previously furnished should be submitted by the applicant. When upon review of the evidence, the Director is satisfied that the right to enrollment has been established, the applicant shall be so notified and his name entered on the roll. If the Director still determines the applicant in

(b) "Secretarial election" means an election held within a tribe pursuant to regulations prescribed by the Secretary.

(c) "Officer in Charge" means the Superintendent, Administrative Officer, or other official of the local unit of the Bureau of Indian Affairs having jurisdiction.

(d) "Indian" means all persons who are members of, or are eligible for membership in, an Indian tribe under Federal jurisdiction and which tribe has not voted to exclude itself from the Act of June 18, 1934 (48 Stat. 984, as amended, 25 U.S.C. 461, et seq.).

(e) "Adult Indian" means any Indian who has attained the age of 21 years.

(f) "Tribe" means any Indian tribe, organized band, pueblo, or the Indians residing on an Indian reservation or reservations. Such tribes may consist of any consolidation of one or more tribes or parts of tribes.

(g) "Recognized tribe" means any Indian tribe which has entered into a treaty, convention or executive agreement with the Federal Government or whose tribal entity has been otherwise recognized by the United States.

(h) "Reservation" means any area established by treaty, Federal statute, executive order, or otherwise for the use and occupancy of Indians.

Act"

(i) "Indian Reorganization means the Act of June 18, 1934 (48 Stat. 984, as amended, 25 U.S.C. 461, et seq.).

(j) "Constitution," "constitution and bylaws" means the written organizational framework of any organized tribe for the exercise of governmental powers.

(k) "Organized tribe" means a tribe which accepted the Act of June 18, 1934 (48 Stat. 984, as amended, 25 U.S.C. 461, et seq.), and adopted a constitution pursuant to the provisions of the Act, supra.

(1) "Unorganized tribe" means a tribe which, not having voted to exclude itself from the Act of June 18, 1934 (48 Stat. 984, as amended, 25 U.S.C. 461, et seq.), is entitled to organize pursuant to the provisions of the Act, supra, but has not done so.

§ 52.2 Purpose and scope.

The purpose of this Part 52 is to provide uniformity and order in holding elections to vote on constitutions and bylaws and constitutional amendments, and to facilitate the calling of such elections by the Secretary under the provisions of the Indian Reorganization Act. § 52.3 Group eligibility.

A constitution and bylaws may be adopted by a (a) a tribe or tribes of a reservation, (b) by adult Indian residents of a reservation, or (c) by a traditionally recognized tribe, except that no group which has voted to reject the provisions of the Indian Reorganization Act shall be organized under the Act. A tribe organized under the Indian Reorganization Act shall adopt amendments to its constitution and bylaws under the regulations in this part.

§ 52.4 Assistance from the Department of the Interior.

The Department of the Interior will cooperate with and offer advice and assistance to any eligible group in drafting a constitution and bylaws or an amendment.

§ 52.5 Request to call election.

The Secretary will authorize the calling of an election on adoption of a constitution and bylaws upon request by the tribal governing body or an authorized representative committee or upon petition filed by at least one-third of the adult members of the group. An election on the adoption of amendments to the constitution and bylaws shall be authorized by the Secretary when requested as provided in the amendment article of the constitution and bylaws; however, the election shall be conducted in the

manner prescribed in the rules and regulations in this part. The Secretary may propose amendments to the constitution for consideration at Secretarial elections, unless the constitution and bylaws for Secretarial elections provides otherwise. Any authorization not acted upon within ninety (90) days from the date of issuance will be considered void.

[32 F.R. 11778, Aug. 16, 1967]

§ 52.6 Entitlement to vote.

(a) If the unorganized group is a tribe or tribes of a reservation:

(1) Any adult member regardless of residence shall be entitled to vote: Provided, He has duly registered.

(2) Duly registered adult nonresidents or ill or physically disabled registered members may vote by absentee ballot. See § 52.17.

(b) If the unorganized group is composed of the adult Indian residents of a reservation:

(1) Any adult Indian resident shall be entitled to vote: Provided, He has duly registered.

(2) Absentee voting shall be permitted for duly registered residents temporarily absent from the reservation, ill, or physically disabled.

(c) For organized tribes voting in elections for amendments of the constitution and bylaws, only voters who have duly registered are entitled to vote, i.e., if the group was organized as a tribe, absentee balloting is permitted, but if the group was organized as residents of a reservation, absentee balloting will not be permitted except as provided in paragraph (b) (2) of this section. [32 F.R. 11778, Aug. 16, 1967]

§ 52.7 Adoption by majority vote.

A constitution and bylaws or amendment shall be considered adopted if a majority of those actually voting vote in favor of adoption provided the total vote cast is not less than 30 percent of those entitled to vote; but no action shall become effective until it is approved by the Secretary.

he deems necessary but they shall not be members of the board.

(b) It shall be the duty of the board to conduct elections in compliance with the procedures described in this Part 52 and in particular, (1) to see that the name of each person offering to vote is on the official list of registered voters; (2) to keep the ballot boxes locked at all times except when ballots are being counted; (3) to see that the ballot is cast by the voter himself and that thereupon the voting list is checked to indicate this; (4) as a board to count the regularly cast ballots immediately after the close of the polls, and the absentee ballots immediately after expiration of the time for their receipt; (5) to certify the election returns; (6) to return all the ballots to the ballot boxes which shall be marked and locked together with all unused ballots and a copy of the election returns, to the Officer in Charge. [29 F.R. 14359, Oct. 17, 1964, as amended at 32 F.R. 11778, Aug. 16, 1967]

§ 52.9 District Election Boards.

Where the reservation has been divided into voting districts either by the tribal constitution, ordinance, or resolution, or by the Election Board, the Election Board shall appoint District Election Boards for each district which shall have the duties above prescribed for the Election Board except that it should return the ballots in the ballot boxes, all unused ballots and its certification (certification form as prescribed by the Election Board) of the district election results to the Election Board which will make the final recapitulation of the election results for the entire reservation and transmit it together with all of the aforementioned ballots and ballot boxes to the Officer in Charge.

§ 52.10 Voting districts.

If voting districts have not already been designated and delimited in the tribal constitution or by tribal ordinance or resolution, and in its judgment voting districts throughout the reservation are needed, the Election Board shall delimit them and designate a polling place for each district, taking into consideration the needs and convenience of tribal members.

receipt requested, all adult Indians of the tribe, who to its knowledge are not living on the reservation, of the need to register if they intend to vote. Any Indian who will become twenty-one (21) years of age within ninety (90) days from the date of authorization shall also be notified and shall be eligible to register: Provided, He shall not be entitled to vote should election day fall before his 21st birthday. Such notice shall be sent to an individual's last known address as it may appear on the records of the local unit of the Bureau of Indian Affairs having jurisdiction. It shall be accompanied by an appropriate preaddressed registration form which shall provide space for at least the name and address of the person desiring to register and for attesting that he or she is a tribal member either twenty-one (21) years of age or over, or will be within ninety (90) days from the date of authorization. Such nonresident who wishes to participate in the election must complete and return the registration form before or in conjunction with requesting an absentee ballot. Indians living on the reservation who desire to vote must register with the Election Board as it shall determine in sufficient time to permit compliance with § 52.11. Notice of the need to register shall be sent by regular mail to all eligible voters who reside on the reservation.

(b) Registration in accordance with paragraph (a) of this section shall be valid for a period of three years from the date of the election for which it was initially required. Such initial registration shall suffice for any subsequent election called pursuant to this part within that period. Between occasions of official registration, it shall be the responsibility of each person who becomes eligible to vote to notify the officer in charge of his desire to register. Said officer shall provide him with the necessary registration form. Upon return of the properly completed form, the officer in charge shall insure that the name of said registrant is placed upon the list of registered voters. Registrants shall, likewise, be responsible for notifying the officer in charge of any change affecting their status.

[32 F.R. 11778, Aug. 16, 1967] § 52.11 Voting list.

The Election Board shall compile in alphabetical order an official list of registered voters, arranged by voting districts, if any, of the members of the tribe

who are or will have attained the age of twenty-one (21) years within ninety (90) days from the date an election is authorized and who have duly registered to vote. A copy of this list shall be supplied to each District Election Board and also posted at the headquarters of the local administrative unit of the Bureau of Indian Affairs and at various public places designated by the Election Board throughout the reservation at least 20 days prior to the election.

[32 F.R. 11778, Aug. 16, 1967]

The Election Board shall determine any written claim to vote presented to it by one whose name does not appear on the official list of registered voters as well as any written challenge of the right to vote of anyone whose name is on the list, and its decision shall be final. It shall set a date not more than ten nor less than five days before the election to pass on all such matters. All claims not presented on or before this date shall be automatically disallowed.

[29 F.R. 14359, Oct. 17, 1964, as amended at 32 F.R. 11778, Aug. 16, 1967]

§ 52.13 Election notices.

Not less than twenty (20) nor more than sixty (60) days' notice shall be given of an election and the need for nonregistered voters to register unless otherwise authorized by the Secretary. If an election is called upon less than twenty (20) days' notice, registered absentee voters shall nevertheless be allowed twenty (20) days from the giving of such notice for the Election Board to receive their ballots. In such an election the posting of the official list of registered voters shall coincide with the giving of such notice. The Election Board shall determine whether the notice shall be given by television, radio, newspaper, poster, or mail, or by one or more of these methods, and whether in an Indian language in addition to English. A copy of any written election notice may be mailed to each registered voter and posted at the local administrative unit of the Bureau of Indian Affairs and elsewhere as directed by the Election Board. At any time subsequent to receipt of Secretarial authorization to hold the election, the text of any amendment or proposed constitution shall be made available to the eligible voters of the tribe. The manner and timing of the dissemination shall be

within the discretion of the Election Board.

[29 F.R. 14359, Oct. 17, 1964, as amended at 32 F.R. 11778, Aug. 16, 1967]

§ 52.14 Opening and closing of polls.

The polls shall remain open from 8 a.m. to 7 p.m., local time, unless different hours are set by the Election Board and the voters informed thereof in the election notice.

§ 52.15 Manner of voting.

Any registered voter may vote by presenting himself at the polls of his voting district within the prescribed voting period, announcing to the officials there his name and address and by marking and placing in the ballot box the ballot which shall be handed to him. Voting shall be by secret ballot. See § 52.17 covering absentee voting.

[32 F.R. 11778, Aug. 16, 1967]

OFFICIAL BALLOT

(Facsimile Signature)

CHAIRMAN, ELECTION BOARD

Should any voter spoil or mutilate his ballot in the course of voting, he shall, in the presence of the election officials, and, with their consent, destroy it; the election officials shall then make note of the destroyed ballot and furnish the voter with another ballot.

§ 52.17 Absentee voting.

Nonresident members who have registered may vote by absentee ballot except as prohibited by § 52.6(c). Also, whenever due to temporary absence from the reservation, illness, or physical disability a registered eligible voter is not able to vote at the polls and duly causes the Election Board to be notified thereof, he shall be entitled to vote by absentee ballot. The Election Board shall give or mail ballots for absentee voting to registered voters upon request in sufficient time to permit the voter to execute and return same on or before the date of the election or within the time allowed by the Election Board. Together with the ballot there shall be an inner envelope bearing on the outside the words "Absentee Ballot," a preaddressed outer en