Here is the Order:
More information can be seen here.
Previous post here.
Here is the complaint in Lower Brule Sioux Tribe, et al., v. Lyman County.
And here is the release on the litigation.
“Through this lawsuit we’re insisting Lyman County hold elections with a fairly drawn map in 2022,” said plaintiff, voter, and Lower Brule Sioux Tribe Vice Chairman Neil Russell.
The Lower Brule Sioux Tribe and three enrolled members filed the lawsuit to prevent Lyman County from continuing to violate Section 2 of the Voting Rights Act until 2026. “Like every other county already using new election district maps adopted after the 2020 Census in 2022, Lyman County must comply with the Voting Rights Act and implement the revised district map immediately,” said Native American Rights Fund (NARF) Staff Attorney Samantha Kelty. “Lyman County cannot continue to disenfranchise voters who live on the Lower Brule Sioux Reservation until 2026.”
The MHA Nation and individual Native American voters in North Dakota have filed a motion to intervene as defendants into a North Dakota District Court redistricting case. The plaintiffs have sued the State to overturn a legislative subdistrict for the Fort Berthold Reservation. The MHA Nation and tribal member intervenors are seeking to defend the Fort Berthold Reservation subdistrict that was approved by the North Dakota legislature.
Motion to intervene here:
Press release here.
The Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribe, and several individual voters filed suit in North Dakota challenging North Dakota’s state legislative map as unlawfully diluting the voting rights of Native Americans in violation of Section 2 of the Voting Rights Act (VRA). You can see the complaint here.
Press release is here.
On July 1, 2021, the U.S. Supreme Court released a decision in Brnovich v. DNC that upheld two Arizona voting policies that make it harder for people—and especially people of color and Native Americans—to vote.
On March 2, the US Supreme Court heard arguments in Brnovich v. Democratic National Committee. The case looks at whether two issues of Arizona voting law—restricting out-of-precinct ballots and ballot collection—violate Section 2 of the Voting Rights Act. In 2016, Arizona lawmakers passed laws limiting ballot collection and out-of-precinct voting. Ballot collection is an essential tool that rural Native American communities use to make voting accessible to all eligible voters.
At about 17 minutes into the hearings, Justice Sotomayor addresses the voting burdens in Native communities. The points that Justice Sotomayor raises, echo those found in the National Congress of American Indians’ (NCAI) “friends of the court” amicus brief in the case. NCAI’s brief, which was filed by the Native American Rights Fund in January, explains how American Indian and Alaska Native voters face substantial obstacles and documented discrimination as they try to participate in the American democratic process.
Native Americans are entitled to full access to the political process, but failures rooted in devastating policies and discrimination create needless barriers to the ballot. Services such as post offices and drivers’ license sites require hours of travel, postal delivery and residential addressing is insufficient or completely absent, poorly maintained dirt roads become impassable during November election season, lack of internet and cell phone coverage abound on reservation, and insufficient economic means and transportation make it impossible to access basic government services. There also have been instances of untrustworthy election officials capitalizing on these inequities to disenfranchise voters and undermine Native American political power. Section 2 of the Voting Rights Act provides much needed protections against this type of systemic voter disenfranchisement.
Read more about the barriers that Native American voters face in the report, Obstacles at Every Turn: Barriers to Political Participation Faced by Native American Voters.
A Montana court has issued a temporary restraining order blocking a state law that severely restricts Native Americans’ right to vote. The Montana Ballot Interference Prevention ACT (BIPA) imposed severe restrictions on ballot collection efforts that are critical to Native American voters, particularly those living on rural reservations. The TRO means the law is blocked pending the outcome of a hearing scheduled for May 29. The primary is June 2.
Read more about the lawsuit, Western Native Voice v. Stapleton.
On May 20, 2020, the Rosebud Sioux Tribe, the Oglala Sioux Tribe, and Four Directions, a non-profit group that works to encourage civic participation in Indian Country, notified South Dakota officials of serious and ongoing violations of federal requirements for providing voter registration opportunities through public assistance agencies and departments of motor vehicles. The notice letter, directed to the Secretary of State as the state’s chief elections official, asks state officials to respond within 20 days to avoid the need for federal court litigation. In this matter, the Tribes are represented by the Native American Rights Fund (NARF) and Four Directions is represented by Demos.
Under the National Voter Registration Act (NVRA), state public assistance agencies and motor vehicle offices are required to provide voter registration services when people are applying for services, renewing their eligibility, and providing change-of-address information. The notice letter documents a steep drop in voter registration applications from public assistance agencies in recent years, and other clear evidence of non-compliance with the NVRA.
“When you go to a state office, such as to get your driver’s license or to apply for public assistance, you are supposed to be able to register to vote at the same time. The state is supposed to facilitate voter registration, but that is not what is happening in South Dakota. Reservation residents in particular are not being given this opportunity, and it is driving down voter participation,” said NARF Staff Attorney Natalie Landreth.
Brenda Wright, Senior Advisor for Legal Strategies at Demos, representing Four Directions, stated: “Access to voter registration through government agencies is more important now than ever, given the difficulties of conducting traditional door-to-door registration drives. Demos has worked in many states to improve agency-based voter registration, and we hope that South Dakota officials will also work with us to ensure that South Dakotans can participate fully in the upcoming elections.”
O.J. Semans, Jr., speaking on behalf of Four Directions, stated, “My wife Barb and I are deeply concerned that Native Americans are losing the opportunity to register through South Dakota’s public assistance agencies and when getting a driver’s license. We’ve worked with the former Secretary of State, the Help America Vote Act task force and the election board in the past on developing formulas to create satellite offices on Indian Reservations. It is our hope that the state of South Dakota will once again work with us to ensure full participation in the 2020 Elections and beyond.”
The violations described in the letter include:
Under the NVRA, the Native American groups named in the notice letter may initiate litigation in federal court as soon as 20 days after the notice letter, if state officials do not remedy the violations during that time frame. The notice letter urges the state officials to indicate whether they are willing to engage in compliance discussions before the 20-day period expires.
In the wake of the district court’s denial of the State’s motion to dismiss, the Secretary of State has agreed to settle two federal voting rights lawsuits brought by two Native American Tribes and several individual voters over North Dakota’s voter ID law.
The law requires voters to present identification listing their residential street address – a substantial hurdle for many Native Americans living on reservations, because the state has failed to assign residential street addresses to homes on tribal reservations.
In January 2016, eight Native Americans, represented by the Native American Rights Fund (NARF), Tom Dickson and Rich de Bodo filed suit to block the North Dakota voter ID law, which disenfranchised Native American voters and violated both state and federal constitutions as well as the Voting Rights Act.
On October 30, 2018, NARF, Campaign Legal Center (CLC), Robins Kaplan LLP, and Cohen Milstein Sellers and Toll PLLC filed a separate lawsuit on behalf of the Spirit Lake Tribe and six individual plaintiffs to ensure that eligible Native American voters residing on reservations in North Dakota would be able to cast a ballot in the 2018 midterm elections and in all future elections. The Standing Rock Sioux Tribe, with approximately 5,868 residents of voting-age that could be affected by the law, joined the Spirit Lake case in early 2019.
“This fight has been ongoing for over four years, and we are delighted to come to an agreement that protects native voters,” said Matthew Campbell, attorney for the Native American Rights Fund. “It has always been our goal to ensure that every native person in North Dakota has an equal opportunity to vote, and we have achieved that today. We thank the Spirit Lake Nation, Standing Rock Sioux Tribe, and the individual native voters that stood up for the right to vote.”
“We are pleased with the result of the settlement. It was a breakthrough for the state to recognize its responsibility to ensure that Native Americans have access to the identification needed to exercise their voting rights,” said Paul Smith, vice president at CLC. “In order to have a successful 2020 election, the state must follow through with a robust voter and poll worker education campaign to ensure that proper protocols are followed so people aren’t rejected because of the state’s failed addressing system.”
Facing a trial date in the Spirit Lake case in May of this year, the Secretary of State announced an emergency rulemaking last week in an attempt to address some of the issues raised by the lawsuit. At an in-person mediation at the North Dakota capitol on February 6, 2020 with representatives from the Spirit Lake Nation and attorneys from CLC and NARF, the Secretary agreed to take additional steps to ensure that eligible Native American voters are not disenfranchised due to the restrictive voter ID law.
Because of the state’s broken addressing system, many Native Americans living on reservations do not have or do not know their residential addresses, and are therefore unable to comply with the North Dakota voter ID law. During the 2018 election, the Spirit Lake Nation and the Standing Rock Sioux tribe expended substantial resources to ensure that their tribal members would have the identification necessary to vote, including by shouldering the burden of identifying and providing residential street addresses for their members.
The unique burdens faced by Native Americans in North Dakota – including a severe housing shortage – mean that tribal members are much more likely to have moved in the intervening time, or to be homeless or precariously housed. As a result, determining members’ residential addresses – and providing them with the documentation necessary to vote – is an ongoing effort that requires substantial resources.
Details of the agreement
In addition to the previously announced rulemaking, which requires the state to recognize tribal IDs and supplemental documentation issued to tribal members, the Secretary has agreed to enter into a binding consent decree, enforced by a federal court order, which will ensure that Native American voters who do not have or do not know their residential street address are able to vote.
The Secretary of State also agreed to work with the Department of Transportation to develop and implement a program with tribal governments to distribute free non-driver photo IDs on every reservation statewide within 30 days of future statewide elections.
In the 2020 election, Native American voters will have the opportunity to mark their residence on a map, a process that is commonly used by voters in other states. The burden will then shift to the state to verify the residential street addresses for these voters, to provide that information to the voter and the tribe, and to ensure those voters’ ballots are counted.
The court-ordered consent decree will include details about what the state must do to educate the public and train poll workers on the new procedures, as well as measures designed to enable the Tribes to ensure the state is complying with its obligations under the agreement.
Here are the materials in Navajo Nation, et al. v. Reagan, et al. No. CV-18-08329-PCT-DWL (Ariz. D. Ct. 2019).
The Amended Complaint sought:
[D]eclaratory and injunctive relief, compelling the Defendants to (a) allow early voters who do not sign their ballot affidavit to have the same opportunity to cure the ballot deficiency that is provided to voters with a mismatched signature, (b) allow early voters who do not sign their ballot affidavit to have the same chance to cure their ballot as voters who vote by conditional provisional ballots, (c) provide translators certified as proficient in the Navajo language for all future early voting and election-day polling sites, (d) provide translation of instructions for casting an early ballot in Navajo over the radio for the 30 days leading up to an election, (e) establish additional in-person voter registration sites, and (f) establish additional early voting sites on the Reservation for all future elections that are open for consistent hours (at a minimum, each Monday through Friday from 8 a.m. until 6 p.m. with no interruption during the lunch hour) during the 30 days leading up to the election. This relief is sought on the grounds that failure to provide the requested relief is a denial of the equal right to vote.
The lawsuit was settled, and the Settlements can be seen here: