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Law and Order Code of the Fort McDermitt Paiute and Shoshone Tribe, Nevada

Code last amended: 2008

Chapter 16. Voting Rights Act

Legislative History

This new chapter to the Fort McDermitt Law & Order Code was originally enacted by the Tribal Council on September 13, 1988.

Sec. 1. Right to Vote.

In all elections, except Tribal Council Elections governed by the Constitution and Chapter 15 of this Law & Order Code, any Indian residing within the exterior boundaries of the Fort McDermitt Indian Reservation for more than 30 days, who is over the age of 18 years, shall have the right to vote.

Sec. 2. Violating Right to Vote; penalties.

Any person, including a member of the Tribal Council, Election Committee, Poll Watcher or member of any community based organization, who shall knowingly and willfully refuse to allow a qualified voter to vote, by act or omission, during an election called for by the Constitution or a community based organization's organic document, or referendum or other vote, shall be deemed guilty of an offense and upon conviction shall be fined $100 and shall forfeit their remaining term in office and not hold office for a period of two years

Sec. 3. Definitions.

(a) "Indian", as used in this chapter, shall mean any member of any federally recognized Indian Tribe.

(b) "Constitution", as used in this chapter, shall mean the Constitution and By-Laws of the Fort McDermitt Tribe.

(c) "Resident" or "residing", as used in this chapter, shall mean the act of continuous living without having changed one's mailing address.

(d) "Community based organization", as used in this chapter, means the Red Mountain Organization, Fort McDermitt Development Corporation and the Fort McDermitt Stockmen's Association.

(e) "Organic document", as used in this chapter, means the Articles of Incorporation of the Fort McDermitt Development Corporation, the articles of association or incorporation of the Red Mountain Organization, and the tribal ordinance creating the Fort McDermitt Stockmen's Association.

Sec. 4. Absentee Ballots.

Any member of the Ft. McDermitt Paiute-Shoshone Tribe who either resides off the main reservation or who resides on the reservations but will be absent from the reservations on a day set for a referendum or other vote may vote by use of an absentee ballot. The absentee ballots shall be distributed by the Tribal Council Secretary, and numbered consecutively and shall be accounted for to the election Board.

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