Menominee Indian Tribe of Wisconsin Government


Article VI	Tribal Elections
Section 1.	Voter Requirements
Section 2.	Voting
Section 3.	Action By The Tribe: Approval - Disapproval. Consent - Rejection
Section 4.	Regular and Special Elections
Section 5.	Tribal Election Commission
Section 6.	Elections Which Result in Ties
Section 7.	Disputed Elections
Section 8.	Duty To Enforce This Article

Article VII	Removal of elected officials from office, automatic vacancy, and the filling of vacancies
Section 1.	Recall
Section 2.	Expulsion and Suspension of Tribal Legislators
Section 3.	Automatic Vacancies
Section 4.	The Filling of Vacancies In Office
Section 5.	Tribal Judiciary Excluded

Article VIII	Initiative and referendum
Section 1.	General Authority
Section 2.	Procedure
Section 3.	Referendum Partitions: Suspension of Effect of Ordinance in Question
Section 4.	Action on Petitions
Section 5.	Results of Election
Section 6.	Reenactments, Amendment or Repeal

Article IX	Rights of Tribal Members and other persons subject to tribal jurisdiction
Section 1.	Hunting, Fishing Trapping, Gathering
Section 2.	Rights of Persons Subject To Tribal Jurisdiction

Article X	Limited power of Tribal Legislature to transfer ownership of or to encumber tribal land or interests therein
Section 1.	Limited Power To Transfer Tribal Land Out of Tribal Ownership
Section 2.	Limited Power To Encumber Tribal Lands
Section 3.	Limited Power To Develop Natural Resources
Section 4.	Principle of Construction

ARTICLE VI - TRIBAL ELECTIONS

Section 1. - Voter Requirements
Any member of the Menominee Indian Tribe who is eighteen (18) years of age or older on the date of the tribal election in question shall be eligible to vote in tribal elections.

Section 2. - Voting
Except as may be otherwise specified in this Constitution, voting in tribal elections shall be by secret ballot cast at polls established on the Reservation. Absentee voting and write-in voting shall be permitted in accordance with such procedures as shall be established by the Tribal Legislature. Proxy voting and cumulative voting shall not be permitted in tribal elections.

Section 3. - Action By The Tribe: Approval - Disapproval. Consent - Rejection
Except as may be otherwise specified in this Constitution, the vote of a majority of the eligible tribal voters voting in a tribal election shall constitute action by the Tribe, including tribal approval or disapproval, and tribal consent or rejection.

Section 4. - Regular and Special Election
The Tribal Legislature shall provide for the holding of regular elections, including establishing dates, times and places for holding such elections. The Tribal Legislature shall also provide for the holding of special elections by establishing the procedure by which such elections may be called and held with adequate notice provided to Tribal voters.

Section 5. - Tribal Election Commission
(a) A Tribal Election Commission composed of three (3) eligible voters of the Menominee Indian Tribe shall be appointed and supervised by the Tribal Judiciary.

(b) The Tribal Election Commission shall be responsible for enforcing tribal election laws subject to the supervision of the Tribal Judiciary. The duties of the Tribal Election Commission shall include but not be limited to the following:

(1)  Maintain a current list of eligible voters of the Menominee Indian Tribe.

(2)  Conduct tribal elections; and

(3)  Certify the results of tribal elections

(c) The Tribal Election Commission shall perform such other duties as may be delegated to the Commission by this Constitution, by ordinance, or by the Tribal Judiciary.

(d) The Tribal Election Commission may be authorized to issue such rules as may be necessary to carry out tribal election ordinances.

Section 6. - Elections Which Result in Ties
In any tribal election which results in a tie between two or more candidates, the tie shall be broken by some means of chance agreed upon by the candidates involved. In any tribal election which results in a tie as to the approval or disapproval of an issue, the issue shall be determined defeated.

Section 7. - Disputed Elections
Any eligible voter or group of eligible voters of the Menominee Indian Tribe may challenge the validity of the results of any tribal election on the ground that such election was conducted in violation of this Constitution and Bylaws, or of tribal ordinance or of any provision of the Indian Civil Rights Act (25 U.S.C. s.1301 1302). Such challenge shall be commenced within ten (10) days after the Tribal Election Commission certifies the results of the election by a written complaint filed in a Trial Court of the Tribe. The complaint shall:

(1)  specifically charge the person or persons alleged to have violated the law with having committed an offense against this Constitution and Bylaws, or tribal ordinance or a provision of the Indian Civil Rights Act (25 U. S. C. s. 1301 and 1302), and

(2)  specify the constitutional provision or provisions, or the tribal ordinance or the provision of the Indian Civil Rights Act alleged to have been violated, and

(3)  state the facts alleged to have been violated, and

(4)  state the facts alleged to support such charge or charges. Upon filing of such complaint, the Trial Court shall promptly hold an initial hearing at which evidence is received from the complainant or complainants in support of the charges in the complaint. Any person or persons charged in the complaint shall have full opportunity to respond at the hearing to the charges and evidence offered in support of the complaint. At the conclusion of the initial hearing the Court may make a final decision in the case either dismissing the complaint or granting the relief sought; or the Court may order interim relief pending further investigation and hearings in the case. If the disputed election involves the filling of a tribal office, and the Court decides that further investigation and hearings are necessary, the Court shall, at the conclusion of the initial hearing, specifically grant or deny permission to fill the office pursuant to the election results pending further investigation and hearing and a final decision on the charges.

The Court may at the conclusion of the initial hearing and in the interests of justice, appoint an unbiased commission to investigate the charges further and to present any evidence gathered to the Court at a hearing at which both sides in the case have opportunity to be heard, to present evidence and to question the commission. At the conclusion of all hearings, the Court shall decide whether the charges have been proven. If the Court determines one or more of the charges have been proven, the Court shall provide such relief as is appropriate, which may include invalidating the tribal election in question and ordering a new election to be held.

Section 8. - Duty To Enforce This Article
(a) The Tribal Legislature shall enforce Sections 1 through 4 of this Article by ordinance, provided that, the Tribal Legislature shall not establish substantive requirements for voting eligibility in addition to those established in Section 1 of this Article.

(b) The Supreme Court of the Tribe shall implement Sections 5 through 7 of this Article by appropriate Court Order.

ARTICLE VII - REMOVAL OF ELECTED OFFICIALS FROM OFFICE, AUTOMATIC VACANCY, AND THE FILLING OF VACANCIES

Section 1. - Recall
(a) Any elected official of the Menominee Indian Tribe of Wisconsin may be recalled from office at any time after holding office for one (1) year, by the eligible voters of the Tribe in accordance -with the procedure set forth in subsection(b) of this Section; provided that, recall shall not be a remedy against alleged action by a tribal official which may constitute a crime against the ordinances of the Tribe or the laws of the United States.

(b) The procedure by which an elected official may be recalled shall be as follows:

(1)  Petitioners' Committee. Any one hundred (100) eligible voters of the Tribe may commence recall proceedings by filing with the Tribal Election Commission an affidavit stating their names, and addresses, the names and addresses of three (3) representatives of the petitioners' committee, and the address to which all notices, regarding the petition are to be sent; and stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form; and naming the tribal official sought to be recalled; and stating in not more than one hundred (100) words the specific reasons upon which it s alleged that the named tribal official should be recalled. If more than one official is sought to be recalled, there shall be separate affidavits of charges filed for each such official. The Tribal Election Commission shall promptly thereafter serve a copy of the affidavit of the petitioner's committee upon the named official in person or by registered mail. The named official shall have fifteen (15) days after receipt of service of the affidavit of charges to file an affidavit in defense with the Tribal Election Commission answering the charges made against him or her in not more than one hundred (100) words.

(2)  Issuance of Petition Forms. The Tribal Election Commission shall within five (5) work days after the filing of the affidavit in defense by the named tribal official, prepare a recall petition form consisting of the affidavit of charges, the affidavit in defense, and spaces for signature and addresses. The Tribal Election Commission shall certify and issue to the petitioners committee an appropriate number of such recall petition forms. If more than one tribal official is sought to be recalled, separate recall petition forms shall be prepared, certified and issued for each such official.

(3)  Circulation of Petitions. The recall petition may be circulated for signature for thirty (30) days following its issuance by the Tribal Election Commission. The petition must be signed by at least twenty-five percent (25%) of the total number of voters eligible to vote in the election in which the official sought to be recalled was elected. Each recall petition shall be the responsibility of one person who shall, upon filing the completed petition, attach his or her personal affidavit to the petition stating that he or she personally witnessed the signing of each signature and corresponding address contained in the petition, and that he or she believes each signature and corresponding address to be the name and address of the person who signed them, and that each person who signed the petition read or had explained to him or her the full text of the petition and the purpose of the petition. The recall petition with the requisite number of signatures shall be filed with the Tribal Election Commission. Within five (5) work days after the filing of 'the recall petition, the Tribal Election Commission shall certify whether the recall petition contains the requisite number of valid signatures, and is otherwise sufficient.

(4)  Certificate of Sufficiency.

(a) If the petition is certified insufficient because of a lack of the requisite number of signatures, the petitioners' committee shall be promptly notified, and they shall have ten (10) days after receipt of notification to supplement the petition with additional signatures on certified recall petitions issued by the Tribal Election Commission, and to file such supplemental petition with the Commission. The Tribal Election Commission shall within two (2) work days after the filing of the supplemental petition certify as to the sufficiency of the recall petition as supplemented. If the petition is again certified insufficient, the petitioners' committee shall be notified and may appeal such decision to the Tribal Judiciary in accordance with the rules of the court procedure. Pending a final decision by the Tribal Judiciary, a new recall petition against the same official shall not be commenced for the same cause.

(b) If the recall petition is certified sufficient, the Tribal Election Commission shall, within ten (10) work days after it certifies the validity of the recall petition, set a date for a recall election to be held. Such recall election shall be held within thirty (30) days after the filing of the recall petition with the Commission and shall provide notice of such election date by posting notices at public places on the Reservation and in appropriate urban areas, and publishing a notice in at least one newspaper with a wide circulation among eligible tribal voters on the Reservation.

(5) Recall Election

(a) The ballot for the recall election shall, for each official sought to be recalled, if more than one, state the grounds set forth in the recall petition for demanding such recall as well as the answer of the official sought to be recalled in his defense; and the ballot shall set forth the following question: Shall (name of the official sought to be recalled) be recalled from the office (title of office)? Following such question shall be two choices of words, 'yes' or "no', on separate lines with the blank space to the right of each in which the voter shall indicate by marking a cross (x), his vote for or against recall.

(b) The affirmative vote of sixty percent (60%) of those voting at the recall election shall be sufficient to effect a recall of the official from office, provided that, at least thirty percent (30%) of the total- number of eligible voters vote in the recall election. In the event the official is recalled, the office shall be deemed vacant and shall be filled in accordance with Section 4 of this Article.

Section 2. - Expulsion and Suspension of Tribal Legislators
(a)  The Tribal Legislature shall by affirmative vote of two-thirds (2/3) of the entire Legislature expel a member of the Legislature from office on grounds of failure to attend three (3) successive regular meetings of the Tribal Legislature in a given Legislative year, without good reason as determined by the Tribal Legislature lack of a required qualification for holding office, occurrence of a disqualification for office, or misuse of funds.

(b)  The Legislator sought to be expelled shall be notified in person or by registered mail at least ten (10) days before the holding of any meeting at which the Legislator's expulsion from office is to be considered. The notice shall set forth the alleged grounds for expulsion with specificity. The Legislator in question shall be given full opportunity to be heard at such meeting and to confront any and all witnesses against him/her. If the Tribal Legislature votes to expel the Legislator in question, the grounds for removal shall be set forth with specificity in the minutes of the meeting, and the Legislature's decision shall be subject to prompt review by the Tribal Judiciary at the request of the expelled Legislator.

(c)  In the event the decision of the Tribal Legislature to expel the Legislator in question is upheld by the Tribal Judiciary, the office shall be deemed vacant and shall be filled in accordance with Section 4 of this Article.

(d)  A Tribal Legislator may be suspended from office pending the appeal of the Legislator's conviction of a major crime by the vote of a majority of the total number of Tribal Legislators.

Section 3. - Automatic Vacancies
(a)  The office of any elected tribal official who dies or resigns, who is convicted of a major crime, as defined In Bylaw V of this Constitution and Bylaws, shall be deemed to be automatically vacant. Resignation of office shall be written and shall be deemed to be effective as of the date tendered unless otherwise designated in the resignation document.

(b)  Any vacancy in office which occurs under this section shall be filled in accordance with Section 4 of this Article.

Section 4. - The Filling of Vacancies In Office
(a)  Any vacancy in the office of an elected tribal official shall be filled as follows:

(1) If the term of the office in question has more than one (1) year to run from the date of vacancy, the Tribal Legislature shall appoint within sixty (60) days an eligible Tribal member to fill such vacancy until the next tribal election; provided that, the Tribal Legislature shall exercise this right of appointment only once in any Legislative year. If any additional vacancies occur in the same year, they shall be filled by a special election.

(2) If the term of the office in question has one (1) year to run, the Tribal Legislature shall within two (2) months appoint by a majority vote of the total number of Legislators, an eligible tribal member to fill the office; provided that, if a special election is required to fill one or more other vacancies pursuant to subsection (a)(1) of this Section. The Tribal legislature shall submit all vacancies to election.

(b)  Any special election required to be held under this Article shall be conducted in accordance with applicable provisions of this Constitution and Bylaws and with applicable tribal ordinance. If a regular election is scheduled to be held within the time permitted to hold a special election, all issues shall be submitted to vote at the regular election.

(c)  Any tribal official who, by operation this Article, vacates his office shall not be eligible to succeed himself in that office.

(d)  If, by reason of vacancies in office, the remaining members of the Tribal Legislature constitute less than five (5), the Election Commission shall cause all vacant offices to be filled by special election held in accordance with applicable provisions of this Constitution and Bylaws and applicable tribal ordinance.

(e)  Any tribal member appointed to office under the provisions of this section shall be deemed to be subject to all provisions of this Article, and other Articles and Bylaws of this Constitution and Bylaws, and to other tribal ordinances generally applicable to elected tribal officials, and to his or her particular office.

Section 5. - Tribal Judiciary Excluded
This Article shall not be applicable to the removal of Tribal Judges, nor to the filling of any vacancies in the office of Tribal Judge.

ARTICLE VIII - INITIATIVE AND REFERENDUM

Section 1. - General Authority Section
(a) Initiative. Eligible voters of the Tribe may propose any ordinance to the Tribal Legislature for consideration, in accordance with the procedures set forth in this Article, except ordinances concerning the budget of the tribal government, appropriations of funds, levy of taxes, salaries of tribal officials, employees or appointees, or ordinances establishing tribal businesses. If the Tribal legislature votes not to enact the proposed ordinance, or if the Tribal Legislature votes to enact the proposed ordinance with substantive amendments, the proposed ordinance, in the original form and in the amended form if any, shall be submitted to the eligible voters of the Tribe at a tribal election for their approval or rejection in accordance with Section 5 of this Article.

(b) Referendum

(1) By action of eligible voters. Eligible voters of the Tribe may require the Tribal Legislature to consider the repeal of any ordinance, in accordance with the procedure set forth in this Article, except ordinances concerning the budget of the tribal government, appropriations of funds, levy of taxes, salaries of tribal officials and employees or appointees, emergency ordinances, or ordinances establishing tribal businesses. And, if the Tribal Legislature fails to repeal such ordinance, the ordinances shall be submitted to the eligible voters of the Tribe at a tribal election for their approval or repeal in accordance with Section 5 of this Article.

(2) By action of the Tribal Legislature. The Tribal Legislature, on its own motion, may submit at a tribal election any proposed ordinance or other proposed action of the Legislature to a vote of the eligible voters of the Tribe for their approval or rejection.

Section 2. - Procedure
(a)  Petitioners' Committee. Any twenty-five (25) eligible voters of the Tribe may commence initiative or referendum proceedings by filing with the Tribal Election Commission an affidavit (1) stating their names, addresses and the address to which all notices regarding the petition are to be sent, and (2) that they will constitute the petitioner's committee and be responsible for circulating the petition and filing it in proper form and (3) If an initiative petition is involved, setting forth in full the proposed ordinance to be subject to this initiative proceeding; provided that, referendum proceedings shall be commenced no later than thirty (30) days after the Tribal Legislature enacts the ordinance.

(b)  Issuance of Petition Forms. Promptly upon filing the affidavit of the Petitioners' committee, the Tribal Election Commission shall prepare and issue an appropriate number of certified petition forms to the Committee.

(c)  Petitions

(1)  Form and Content. Each petition form issued to the committee shall contain the full text of the ordinance in question. Every petition form issued shall be numbered and recorded. Every page of each petition form shall be attached as one instrument, shall be numbered as part of the whole, i.e., page 1 of 10 pages, and shall be certified as a page of the petition by the Tribal Election Commission. Every signature on the petition shall be followed by the address of the person who signed.

(2)  Number of signatures. Both initiative and referendum petitions must be signed by at least fifteen percent (15%) of the total number of eligible tribal voters.

(3)  Affidavit of Circulator. Each petition shall be circulated by one person and upon filing a completed petition, that person shall attach his or her personal affidavit to the petition stating that he or she personally witnessed the signing of each signature and corresponding address contained in the petition, and that he or she believes each signature and corresponding address to be the name and address of the person who signed them, and that each person who signed the petition read or had explained to him or her the full text of the ordinance in question, and the purpose of the petition.

(d) Time for Filing Petitions. Initiative or referendum petitions must be circulated and filed within thirty (30) days after issuance by the Tribal Election Commission.

(e) Certificate of Sufficiency.
Within five (5) work days after a petition is filed, the Tribal Election Commission shall certify as to its sufficiency.

(1) If Certified Insufficient. If the petition is certified insufficient, the Tribal Election Commission shall state in the certificate with particularity the reasons it is insufficient. A copy of the certificate of insufficiency shall be promptly sent to the petitioners' committee by registered mail, or served personally upon the committee. A petition certified insufficient for lack of required number of valid signatures may be supplemented once, and for this purpose an appropriate number of petition forms shall be mailed or given personally to the petitioners' committee along with the certificate of insufficiency. Such supplemental petition shall comply with the requirements of this section. Petitioners' committee shall have fifteen (15) days after receipt of the certificate of insufficiency to file a supplemental petition with the Tribal Election Commission. Within five (5) days after the filing of the supplemental petition, the Tribal Election Commission shall certify as to the sufficiency of the petition as supplemented and promptly send a copy of such certificate to the petitioners' committee by registered mail, or shall serve a copy personally upon a member of the committee.

(2) If Certified Sufficient. If an original petition or a petition as supplemented in accordance with Section 2(e)(1) of this Article is certified as sufficient by the Tribal Election Commission, a copy of the certificate of sufficiency shall promptly be sent by registered mail to or served personally upon the petitioners committee, and the certificate of sufficiency shall promptly be presented to the Tribal Legislature.

(f)  Review of Determination of Sufficiency. The final determination of the Tribal Election Commission in accordance with the procedure in Section 2(e) (1) of this Article that an initiative or a referendum petition is insufficient shall be reviewable as follows: The petitioners committee must file a request for review with the Tribal Chairperson within ten (10) days after receipt of the final certificate notifying them of the insufficiency of their petition. Review shall first be made by the Tribal Legislature at its next meeting following the filing of the request for review. If the Tribal Legislature affirms the finding of the Tribal Election Commission, that decision may be appealed to the Tribal Judiciary in accordance with the rules of court procedure. Pending a final decision by the Tribal Judiciary, a new petition concerning the same matter may not be commenced.

(g)  Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the final certification of sufficiency by filing with the Tribal Election Commission a request for withdrawal signed by a majority of the petitioners' committee. The petition shall have no further force or effect and all proceedings thereon shall be terminated.

Section 3. - Referendum Partitions: Suspension of Effect of Ordinance in Question
When a referendum petition is certified as sufficient by the Tribal Election Commission in accordance with the procedure set forth in Section 2 of this Article, the ordinance in question shall be suspended, if in effect, or from taking effect, if not in effect. Such suspension shall terminate if the petitioners' committee withdraws its petition or if a 'majority of eligible voters on submission of the ordinance in question to them for vote, vote to retain the ordinance.

Section 4. - Action on Petitions
(a)  Action by Tribal legislature. When an initiative or referendum petition has been determined sufficient, the Tribal Legislature shall:

(1)  Enact the ordinance as submitted by an imitative petition; or

(2)  Repeal the ordinance, or part thereof, referred by a referendum petition, or

(3)  Decide to submit the proposal in a petition to the eligible voters of the Tribe; provided, however, that, the Tribal Legislature may change the detailed language of any proposed initiative ordinance and may affix the title thereto, so long as the general character of the measure will not be substantially altered.

Appropriate action by the Tribal Legislature shall be taken under this subsection within fifteen (15) days after a referendum petition is certified sufficient, and within thirty (30) days after an initiative petition is certified sufficient.

(b)  Submission to Voters. The election on an initiated or referred ordinance shall be held within thirty (30) days after the date of the final Tribal Legislature vote thereon. Copies of the initiated or referred ordinance shall be made available to eligible voters not less than ten (10) days before the election and also at the polls at the time of the election.

Section 5. - Results of Election
(a)  Initiative. If a majority of the eligible tribal voters voting on a proposed initiated ordinance vote in its favor, it shall be considered effective upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greater number of affirmative votes shall prevail.

(b)  Referendum. If a majority of the eligible tribal voters voting on a referred ordinance vote for repeal, it shall be considered repealed upon certification of the election results. If a majority of the eligible tribal voters voting on a referred ordinance vote to approve such ordinance, it shall be considered approved upon certification of the election results.

(c)  Voting Percentage Requirements. No initiative or referendum election shall be effective unless at least fifteen percent (15%) of the total number of eligible voters vote in that election.

Section 6. - Reenactments, Amendment or Repeal
An ordinance initiated and adopted by the tribal voters may not be amended or repealed by the Tribal Legislature for a period of six (6) months after the date of the election at which it was adopted, and an ordinance referred and repealed by the tribal voters may not be reenacted by the Tribal Legislature for a period of six (6) months after the date of the election at which it was repealed; provided, however, that any such ordinances may be amended or repealed at any time by compliance with the provisions of this Article.

Article IX - RIGHTS OF TRIBAL MEMBERS AND OTHER PERSONS SUBJECT TO TRIBAL JURISDICTION

Section 1. - Hunting, Fishing Trapping, Gathering
In addition to such other rights as are guaranteed by this Constitution and Bylaws, members of the Menominee Indian Tribe of Wisconsin shall have the right to hunt, fish, trap, and gather food from plants subject only to those tribal laws which are necessary to conserve these natural resources of the Tribe; provided that, this right shall not include the right to engage in commercial uses of such tribal resources; such right is reserved to the Tribe acting through its Tribal Legislature in accordance with Section 2 of Article X of this Constitution. Non-tribal members shall have no right to hunt, fish, trap, and gather foods from plants except as may be permitted by tribal ordinance approved by the Tribe in accordance with Section 3 of Article VI of this Constitution.

Section 2. - Rights of Persons Subject To Tribal Jurisdiction
The Menominee Indian Tribe and its officers and agencies in exercising the powers of self-government over persons subject to tribal jurisdiction shall not:

(a)  establish an official government religion:

(b)  make or enforce any law (1) prohibiting the free exercise of religion or of the dictates of conscience, or (2) abridging the freedom of speech or of the press, or of peaceful assembly or association, or the right to petition for a redress of grievances;

(c)  violate a person's right to be safe against unreasonable searches and seizures of person and property;

(d)  permit searches and seizures unless a Tribal Court issues a warrant upon a sworn statement presented to the Tribal Court showing reasonable grounds to believe that an offense against the tribal law has been committed and that the person or place to be searched holds evidence of the offense or that the persons to be seized committed the offense; or that the thing to be seized is evidence of the offense, and describing specifically the person or place to be searched or the person or thing to be seized; provided that, searches and seizures may be permitted without a warrant where justified by compelling circumstances as shall be defined by ordinance.

(e)  Subject any person for the same offense to be put in jeopardy of loss of liberty more than once;

(f)  In any criminal proceeding against any person

(1) compel such person to be a witness against the person's own interest including any instance where the person's testimony reasonably might lead to the institution of criminal proceedings against that person;

(2) Deny such person the right to:

(a)  a speedy and public trial;

(b)  to be informed of the nature and cause of the accusation

(c)  to confront adverse witnesses

(d)  to have witnesses in such person's favor compelled to appear to testify; and

(e)  to have, at such person's own expense, the assistance of counsel in defending against the accusation.

(3) deny to any person who is accused of a major offense as defined in Bylaw V of this Constitution & Bylaws, the right to a trial by jury of not less than six (6) persons, provided that, such person affirmatively requests such right and further provided that any person accused of an offense not punishable by imprisonment, shall have such right only at such person's own expense.

(4) require excessive bail, impose excessive fines, or inflict cruel and unusual punishments.

(g)  Deny to any person the equal protection of tribal laws, provided that, this clause shall not be interpreted to grant to non-tribal members those rights and benefits to which the tribal members are entitled by virtue of their membership in the Tribe.

(h)  Deprive any person of liberty or property (1) without fully complying with procedural processes of tribal law, or (2) application of tribal laws which have no reasonable relation to the purpose for which they were enacted; and

(i)  Enact any law imposing punishment on one person; or enact any law which makes an action a crime which was not a crime when such action was committed, or which increases punishment for a crime committed before the effective date of the law, or which deprives a person in any accusatory proceeding of any substantial right or immunity to which the person was entitled before the effective date of the law.

ARTICLE X - LIMITED POWER OF TRIBAL LEGISLATURE TO TRANSFER OWNERSHIP OF, OR TO ENCUMBER, TRIBAL LAND OR INTERESTS THEREIN

Section 1. - Limited Power To Transfer Tribal Land Out of Tribal Ownership
The Tribal Legislature shall not transfer land or interests therein out of tribal ownership by any means unless, prior to any such proposed transfer taking effect, such proposed transfer is approved by a vote of two-thirds (2/3) of the total number of eligible voters of the Tribe, by the Secretary of the Interior, and by an Act of Congress; however, the Tribal Legislature may exchange tribal land for land of equal value, but any such proposed exchange, prior to becoming effective, shall be approved by a vote of the Tribe in accordance with Section 3 of Article VI of this Constitution.

Section 2. - Limited Power To Encumber Tribal Lands
(a) Except as permitted in subsection (b) of this Section, the Tribal Legislature shall not pledge, mortgage, lease, grant licenses to use land, whether revocable or irrevocable, or otherwise encumber tribal land or interests therein, unless, prior to any such proposed encumbrance taking effect, such proposed encumbrance is approved by the Secretary of the Interior, and by a vote of a majority of the eligible tribal voters voting on the question, provided that, the total vote cast is at least fifteen percent (15%) of those entitled to vote.

(b) The Tribal Legislature may authorize the following encumbrances by a vote of a majority of the entire Tribal Legislature:

(1)  Grants of permission to members of the Tribe and to qualified nonmembers, in accordance with Article XI of this Constitution, to use specified portions of tribal land for residential, agricultural, commercial, recreational or industrial purposes.

(2)  Leases to members of the Tribe of specified portions of tribal land for residential, agricultural, commercial, recreational, or industrial purposes.

(3)  Grants of rights-of-way over tribal land or interests therein, for the purpose of providing municipal services, such as water, sewage disposal, electricity, telephone, and roads, to and for the benefit of tribal members, or the heirs and descendants of tribal members who hold a land use assignment pursuant to Section 2 of Article XI of this Constitution, or a lease.

(4)  Leases to United States or its agencies for the purposes of meeting eligibility requirements for federal housing programs; provided that, the term of such a lease shall be for the minimal period of time.

Section 3. - Limited Power To Develop Natural Resources
The Tribal Legislature shall not develop on a commercial or industrial basis any natural resources of the Tribe without the consent of a majority of the total number of eligible voters of the Tribe, except as otherwise specified in Article XI, Section 2 (d).

Section 4. - Principle of Construction
Section 2 of this Article shall not be construed to deny to the Tribal Legislature its governmental power and authority to regulate activities of tribal land for the Tribe's general welfare, including but not limited to, zoning, the regulation of commercial ventures, fishing, hunting, and other sports activities, and regulations for the purpose of promoting health, safety, welfare, and conservation.