The People's Power

Our Right to Referendum

The referendum is the constitutional tool that lets the People of the Three Affiliated Tribes overrule the Tribal Business Council. It is woven into our governing documents in five places — a depth of protection unmatched among tribal constitutions.

When our ancestors ratified our Constitution of the Three Affiliated Tribes in 1936, they made one thing clear: the People are the source of all sovereign authority. The Tribal Business Council was created to govern — but only within the limits the People themselves established.

Among those limits is a right our ancestors deliberately reserved to the People: the power to overrule the Council through a referendum vote. This was no afterthought. Our Constitution references our right to referendum not once, but across multiple provisions — and again in our Bylaws.

Referendum provisions

Entrenched across Article VI (Secs. 1, 5 & 6), Article VIII, and Article II of the Bylaws.

10%

Signature threshold

Only 10% of qualified voters in each community are needed to petition for a referendum.

30%

Voter turnout

A referendum becomes binding when at least 30% of eligible voters cast a ballot.

180

IRA tribes compared

Among all tribes organized under the Indian Reorganization Act, the TAT entrench referendum most deeply.

“A constitutional right without enforcement is no right at all. The People are sovereign, and the Council is their agent — but only if we exercise this right.”

In our governing documents

Where referendum lives in our Constitution & Bylaws

The right is entrenched in five separate provisions. Read together, they make every exercise of Council power answerable to the People.

Constitution · Article VI, Section 1

All Council power is subject to referendum

“The Three Affiliated Tribes of the Fort Berthold Reservation, acting through their Tribal Business Council, shall have the powers granted by this Article; but any power exercised through that Council shall be subject to a popular referendum as provided by this Constitution.”

Constitution · Article VI, Section 5

Enumerated powers remain subject to the People

“The Tribal Business Council shall have the following powers, the exercise of which shall be subject to popular referendum as hereinafter provided in this Constitution.” The listed powers of the Council are exercised only under the People’s ultimate check.

Constitution · Article VI, Section 6

Future delegated powers are included too

“Likewise subject to popular referendum, the Tribal Business Council may exercise such further powers as may in the future be delegated to the Three Affiliated Tribes … by the Secretary of the Interior or by any other duly authorized official or agency of government.”

Constitution · Article VIII — Referendum

The mechanism that makes it real

“Upon a petition signed by at least 10 percent of the qualified voters of each community, demanding a referendum on any proposed or enacted ordinance or resolution of the Tribal Business Council, the Council shall call an election and the vote of a majority of the qualified voters voting in such referendum shall be binding upon the Tribal Business Council, provided that at least 30 percent of the eligible voters shall vote in such referendum.”

Bylaws · Article II — Salaries

Even compensation is checked by the People

Council and tribal-officer compensation is payable only “by resolution duly passed and approved by the Council, and subject to popular referendum the same as other powers of the Council.”

Why this right matters today

Power rests with the many

Referendum ensures authority rests not in the hands of a few, but in the voice of the People — readily exercised when needed as a check on Council.

Accessible by design

The low 10% signature threshold — far below the 20–50% common elsewhere — shows our founders meant referendum to be a living, usable tool of self-governance.

Protecting our shared assets

It is especially vital when the Council acts on collective assets like the People’s Fund, guaranteeing those decisions remain subject to the People’s oversight.

Defending and exercising this right is how we honor our past, protect our present, and safeguard the future for our children and grandchildren.

The final word belongs to the People

A referendum passed by the People cannot be overridden by the Council

Under Article VIII of our Constitution, once a valid referendum passes, “the vote of a majority of the qualified voters voting in such referendum shall be binding upon the Tribal Business Council.”

That means the Council cannot reverse, ignore, or override a decision the People have made at the ballot. A passed referendum is the highest expression of the People’s will — the Council governs beneath it, not above it.

Passing referendums protects our rights

Securing our rights through referendum is not optional. It is how the People turn principles into enforceable, binding rules the Council must follow. A right that is never exercised offers no protection — passing referendums that lock in transparency, accountability, and protection of our funds is necessary to keep that right real.

The People’s Fund is the proof

The depletion of the People’s Fund is proof that referendum is necessary. By Council resolution, $250 million was transferred from the Fund (Resolution No. 24-248-FWF), followed by a further $90 million — without notice or a meaningful chance for the People to exercise their right of referendum.

When decisions of that magnitude over our collective assets can be made without the People’s check, the need to exercise and protect referendum could not be clearer.

Exercising the right

How to start a referendum

The process begins with a proposed resolution to the Council — and, if the Council does not act or does not pass it, a petition to the People. Here is the full path from a concern to a binding vote.

1
Propose a resolution
Submit a proposed resolution to the Tribal Business Council under Article VIII — the rule you want enacted, or a request to rescind a resolution already passed.
2
Await the Council’s action
If the Council passes your resolution as proposed, the goal is met. If it fails to act, declines to pass it, or passes a version you don’t agree with, you may take the measure to the People.
3
Circulate a petition
Distribute a petition to either pass your proposed resolution or rescind an enacted resolution of the Council.
4
Gather signatures
Collect signatures from at least 10% of the Qualified Voters in each community (segment), as set by Article VIII and the Election Ordinance (§ 12-12-1).
5
File the petition
File the petition with the Secretary of the Council. The Council determines whether it satisfies the requirements and must call a referendum election within 120 days, extendable up to 30 (§ 12-12-4).
6
Vote by mail
The referendum election is conducted entirely by mail, with no polling places (§ 12-12-5).
7
Binding result
If at least 30% of eligible voters cast ballots, a majority of the votes is binding upon the Tribal Business Council — and cannot be overridden (§ 12-12-7).

Only 10% of qualified voters in each community are needed to trigger a referendum — far below the 20–50% required by most other tribal constitutions. The right was built to be used.

Templates & examples to get started

Use these real examples as a starting point for drafting your own proposed resolution or petition.

Sample petition

Sample Petition — People’s Fund Distribution & Eligibility Plan

An example referendum petition to ratify and approve a plan, with amendments — a model for circulating your own petition.

Sample resolution

Sample Resolution — Dedicating Funds to the People’s Fund in Perpetuity

An example proposed resolution that would set aside certain funds for the People’s Fund permanently.

Sample resolution

Sample Resolution — Reimbursement of Attorney Fees for Injunctive Relief

An example proposed resolution to reimburse attorney fees when a member succeeds in obtaining injunctive relief.

Petitions for the People's consideration

Read the proposed referendum petitions, tell us whether you'd support each one, and follow the ones you care about. When a petition is being circulated, you can track its signature progress by community.

Proposed Petitions Active Petitions

Read the source materials

Documents & resources

The full explanations, constitutional text, and supporting analyses behind our right to referendum.

MHA Nation Election Ordinance (Amended, effective June 2026)

The tribe’s election ordinance governing the referendum and petition process — signatures, filing, mail-in voting, and binding-result requirements.

PDF · Election Ordinance

Why Our Right to Referendum Matters

A plain-language explanation of the referendum right and why it is central to the People’s sovereignty.

Word document

Referendum Provisions in our Constitution & Bylaws

The full constitutional and bylaw text establishing our right to referendum.

Word document

Why Our Right to Referendum Matters (Video Script)

The companion reading used in our explainer video.

PDF

The Power of Referendum — Transparency & Accountability

Presentation connecting proposed referendum solutions to transparency and accountability.

Presentation

MHA Project List — Missing Items Analysis

Supporting analysis of approval records referenced in the referendum materials.

Presentation

Two tools, two jobs

Referendum vs. Constitutional Revision

Both put power in the hands of the People — but they do different work. Use referendum to check a decision; use constitutional revision to reshape the government itself.

Referendum

Check or overturn a Council decision.

What it does: Approves or overturns a specific Council action.
What it changes: A single resolution or ordinance.
How it starts: A proposed resolution to the Council; if it isn’t passed, a petition to the People.
Threshold to act: Petition signed by 10% of Qualified Voters in each community.
The vote: Mail referendum; binding with 30% turnout and a majority.
Outside approval: None — the People’s vote is final.
The effect: Binding on the Council — and cannot be overridden.

Constitutional Revision

Reshape the government itself.

What it does: Changes the structure and rules of the government itself.
What it changes: Our Constitution & Bylaws (Article X).
How it starts: A drafted amendment, then a request for a Secretarial Election.
Threshold to act: Petition by 1/3 of qualified voters — or a 2/3 vote of the Tribal Council.
The vote: Secretarial Election; adopted with 30% turnout and a majority.
Outside approval: Must be approved by the Secretary of the Interior to take effect.
The effect: Permanently amends our foundational governing document.

The People write the rules.

Learn how this effort is working to protect and exercise our right to referendum — and how you can take part.

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