1	SECRETARIAL ELECTION Conducted By: BIA Zuni Agency & Southwest Region
2	CONSTITUTION OF THE ZUNI TRIBE ARTICLE XIX AMENDMENTS Section 1. This constitution may be amended at an election which shall be authorized by the Secretary of the Interior upon request by the tribal council: Whenever by majority vote of all members of the tribal council, the governing body of the tribe shall authorize the submission of a proposed amendment to the electorate of the tribe
3	SECRETARIAL ELECTION REQUEST On January 15, 2002, the Governor and Tribal Council enacted Resolution No. M70-2002-B001 under the authority of Article XIX, Section 1 to begin the amendment process to the electorate of the Zuni tribe. On January 22, 2002, Southwest Regional Office, BIA acknowledged Pueblo of Zuni’s request to amend the Zuni Tribal Constitution.
4	AUTHORIZATION On February 25, 2002, the Bureau of Indian Affairs, Southwest Region authorized the Superintendent (Officer in Charge) to call for a SECRETARIAL ELECTION.
5	TYPE OF AN ELECTION This is a Secretarial election NOT A TRIBAL ELECTION. We are authorized to conduct the election in accordance with Federal regulations (25 CFR Part 81). Before any constitutional amendments are adopted, there must be a voter turn out of at least thirty percent (30%) of adult Zuni tribal members, and a favorable majority vote for each amendment.
6	SECRETARIAL ELECTION BOARD Mr. Clayton Seoutewa, Chairman Ms. Virginia Chavez, Member Mr. Charles Hustito, Member Mr. Ernest Mackel, Member Ms. Brenda Othole-Quam, Member Ms. Rozella Walela, Member
7	TIMELINES By law under Title 1 of P.L.100-581 (25 USCS §476(B)), the Secretary of the Interior has 90 days to authorize and hold an election for any amendments to an existing tribal constitution. Day 0 January 22, 2002 – receipt of the Tribe’s request to amend the Zuni Tribal Constitution. Day 25 February 15, 2002 – Regional Director’s determination that the proposed amendments are not contrary to federal statutes. Day 34 February 25, 2002 – Superintendent’s Office received authorization to call a Secretarial Election. Day 64 March 27, 2002 – 20 days before the election day, the Election Board members must prepare a registered voter list. Day 86 April 17, 2002 – SECRETARIAL ELECTION date established by the Officer in-Charge with Zuni Tribal Council’s consultation Post phoned. Day 88 April 19, 2002 SWRO authorized 90-day extension.
8	NEW TIME LINES Day 90 April 21, 2002 Day 160 June 26, 2002 20 days before the election day, the Election Board members must prepare a updated registered voter list Day 179 July 15, 2002 Voter registration closes at 5:00 p.m. Day 180 July 16, 2002 New Secretarial Election Date
9	PROPOSED AMENDMENT “A” ARTICLE II – MEMBERSHIP Section 1. The membership of the Zuni Tribe, Zuni Indian Reservation, shall consist of the following: Article II § 1(a) of the Constitution of the Zuni Tribe currently reads: “All persons enrolled on the Zuni Agency census roll of April 1, 1963; provided that the roll may be corrected at any time by the tribal council, subject to the approval of the Secretary of the Interior”. Proposed language: “All persons enrolled on the Zuni Agency census roll of April 1, 1963; provided that the roll may be corrected at any time by the tribal council.” Shall Article II § 1(a) of the Constitution of the Zuni Tribe be amended by removing the requirement for approval of the Secretary of the Interior?”
10	PROPOSED AMENDMENT “B” Article II § 3 of the Constitution of the Zuni Tribe currently reads: “The Zuni Tribal Council shall have the authority to enact ordinances, consistent with this constitution, governing future membership, and to establish enrollment procedures, which ordinances shall be subject to approval by the Secretary of the Interior. No person shall be adopted as a member unless he shall have at least one-quarter (1/4) degree Indian Blood.” Proposed language: “The Zuni Tribal Council shall have the authority to enact ordinances, consistent with this constitution, governing future membership, and to establish enrollment procedures. No person shall be adopted as a member unless he shall have at least one-quarter (1/4) degree Indian Blood.” Shall Article II § 3 of the Constitution of the Zuni Tribe be amended by removing the requirement for approval of Secretary of the Interior?
11	PROPOSED AMENDMENT “C” ARTICLE III – BILL OF RIGHTS Section 2. The Zuni Tribe, in exercising its power of self-governments, shall not: Article III § 2(g) of the Constitution of the Zuni Tribe currently reads: “The Zuni Tribe, in exercising its powers of self-government, shall not: Require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of six months or a fine of $500, or both;” Proposed language: “The Zuni Tribe, in exercising its powers of self-government, shall not: Require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year or a fine of $5,000, or both;”
12	Proposed Amendment “C” Continued To be compliant with the Indian Civil Rights Act of 1968 through Public Law 90-284, 82 Stat. 77 (25 U.S.C. §§ 1301-1303), shall Article III § 2(g) of the Constitution of the Zuni Tribe be amended by increasing the penalties from “six months or a fine of $500, or both” to “one year or a fine of $5,000, or both?”
13	PROPOSED AMENDMENT “D” ARTICLE VI – AUTHORITIES OF THE TRIBAL COUNCIL Section 1. The Zuni Tribal Council, as the legislative body of the tribe, shall exercise the following authorities subject to any limitations imposed by statutes of the United States applicable to Indians or Indian Tribes, and subject to all expressed restrictions contained in this constitution. Article VI § 1(g) of the Constitution of the Zuni Tribe currently reads, “To regulate the use of tribal property; to protect the wildlife and natural resources of the tribe; to foster Indian arts and crafts; to administer charity; to levy and collect taxes and fees on tribal members; and to impose taxes or fees on non-members of the tribe doing business on the Zuni Reservation, provided that the imposition of such taxes and fees on non-members of the tribe shall be in conformity with appropriate ordinances subject to approval by the Secretary of the Interior. All actions of the tribal council relating to the use and protection of tribal lands shall be in conformity with applicable regulations of the Department of the Interior designed for the protection of Indian range and timber resources;”
14	Proposed Amendment “D” Continued Proposed language: “To regulate the use of tribal property; to protect the wildlife and natural resources of the tribe; to foster Indian arts and crafts; to administer charity; to levy and collect taxes and fees on tribal members; and to impose taxes or fees on non-members of the tribe doing business on the Zuni Reservation, provided that the imposition of such taxes and fees on the non-members of the tribe shall be in conformity with appropriate ordinances. All actions of the tribal council relating to the use and protection of tribal lands shall be in conformity with applicable regulations of the Department of the Interior designed for the protection of Indian range and timber resources;” Shall Article VI § 1(g) of the Constitution of the Zuni Tribe be amended by removing the requirement for approval by the Secretary of the Interior?
15	PROPOSED AMENDMENT “E” Article VI § 1(i) of the Constitution of the Zuni Tribe currently reads: “To provide by ordinance, subject to approval by the Secretary of the Interior, for the removal or exclusion from the reservation of non-members, whose presence may be injurious or undesirable to the tribe or the members thereof;” Proposed language: “To provide by ordinance for the removal or exclusion from the reservation of non-members, whose presence may be injurious or undesirable to the tribe or the members thereof;” Shall Article VI § 1(i) of the Constitution of the Zuni Tribe be amended by removing the requirement for approval by the Secretary of the Interior?
16	PROPOSED AMENDMENT “F” Article VI § 1(j) of the Constitution of the Zuni Tribe currently reads, “To employ legal counsel for the protection and advancement of the rights of the tribe and its members, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior, so long as such approval is required by Federal law;” Proposed language: “To employ legal counsel;” Shall Article VI § 1(j) of the Constitution of the Zuni Tribe be amended by removing the remainder of the paragraph?
17	PROPOSED AMENDMENT “G” Article VI § 1(k) of the Constitution of the Zuni Tribe currently reads: “To enact ordinances, subject to approval by the Secretary of the Interior, for the maintenance of peace and order on the Zuni Reservation; for the protection of individual rights and property of tribal member; to govern the inheritance of personal property of tribal members; and to provide for the appointment of guardians for minors and mental incompetents;” Proposed language: “To enact ordinances for the maintenance of peace and order on the Zuni Reservation; for the protection of individual rights and property of tribal member; to govern the inheritance of personal property of tribal members; and to provide for the appointment of guardians for minors and mental incompetents;” Shall Article VI § 1(k) of the Constitution of the Zuni Tribe be amended by removing the requirement for approval by the Secretary of the Interior?
18	FEED BACK Any comments or Questions should be directed to the following: Officer in-charge of Secretarial Election P.O. Box 369 Zuni New Mexico 87327 Phone No. (505) 782-7271