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TRIBAL CONSTITUTION
INTERPRETATION NO. 5-84
WAS RECINDED BY THE
TRIBAL EXECUTIVE COMMITTEE
ON NOVEMBER 7, 1996.
TRIBAL CONSTITUTION
INTERPRETATION NO. 5-84
WHEREAS, the Tribal Executive Committee of The Minnesota Chippewa Tribe did in Tribal
Constitution Interpretation No. 1-80 find that the Tribal Executive Committee has the authority to make
final interpretations of the Constitution of The Minnesota Chippewa Tribe; an
WHEREAS, the Fond du Lac Band has through its elected government requested the Tribal
Executive Committee interpret Article VIII — Majority Vote which provides:
Section 1: at all elections held under this Constitution, the majority of eligible votes cast shall
rule, unless otherwise provided by an act of Congress.
The questions to be decided are whether “majority of eligible votes cast” means a number greater than
the total or if it means a preponderant quantity or share?
NOW THEREFORE, The Tribal Executive Committee opinion of Article VIII —- Majority Vote, is
that it means the preponderant quantity or share of votes. This means when there are more than two
candidates for an office in an election, that the candidate receiving the most votes will have received the
majority of votes cast as required under the provisions of Article VIII.
This opinion is consistent with the interpretations applied to Article VIII of the Constitution by the
Tribal Executive Committee in past elections.
The Tribal Executive Committee has the authority under Article V - Tribal Elections, of the
Constitution of The Minnesota Chippewa Tribe to adopt a uniform election ordinance to provide for
primary elections when there are more than two candidates for an office an to provide that the two
candidates receiving the most votes cast in the primary, shall then run in a general election for that
office. The candidate then receiving the most votes would also receive over half of the total. Until such
time as the Tribal Executive Committee decides to adopt a uniform election ordinance that provides for
primary elections, majority vote shall mean the greater share of votes received.
We do hereby certify that the foregoing Constitutional Interpretation was duly presented an acted upon
by a vote of 8 for, 4 against, * at a Special Meeting of The Minnesota Chippewa Tribal Executive
Committee, a quorum present, held on March 12 & 13, 1984, at Cass Lake, Minnesota.
Darrell Wadena, President
THE MINNESOTA CHIPPEWA TRIBE
ATTEST: Daniel Morrison, Sr. Secretary
THE MINNESOTA CHIPPEWA TRIBE
* Roll Call Vote