25 CFR § 81.39 - How does the Board determine whether the required percentage of registered voters have cast ballots?

---
identifier: "/us/cfr/t25/s81.39"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 81.39 - How does the Board determine whether the required percentage of registered voters have cast ballots?"
title_number: 25
title_name: "Indians"
section_number: "81.39"
section_name: "How does the Board determine whether the required percentage of registered voters have cast ballots?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "F"
subchapter_name: "TRIBAL GOVERNMENT"
part_number: "81"
part_name: "SECRETARIAL ELECTION PROCEDURES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: ": 25 U.S.C. 473a, 476, 477, as amended, and 503."
regulatory_source: "80 FR 63106, Oct. 19, 2015, unless otherwise noted."
cfr_part: "81"
---


# 81.39 How does the Board determine whether the required percentage of registered voters have cast ballots?

The Secretarial Election Board must count the number of valid ballots and cast spoiled ballots to determine total voter participation. The Board must take the total voter participation and divide it by the total number of Registered Voters. This total is used to determine whether the percentage of Registered Voters who cast votes meets the requirements of the tribe's governing documents or Federal statute that requires at least 30 percent voter participation. For example:

(a) If there were 200 registered voters of which 75 cast valid ballots and 5 cast spoiled ballots for a total of 80 cast ballots (75 + 5 = 80). The percentage of voter participation would be determined as follows:

Total number of votes cast (80) divided by the total number registered voters (200) or 80 ÷ 200 = 0.40 or 40 percent voter participation.

(b) This example meets the Federal statutory requirement of at least 30 percent voter participation.