Navajo Nation Prevails in Voting Rights Case against San Juan County

Here is the order in Navajo Nation v. San Juan County (D. Utah):

213 DCT Order

An excerpt:

The County’s redistricting decisions predominated by racial classifications violate the Equal Protection Clause because they are not narrowly tailored to serve a compelling governmental interest and cannot survive strict scrutiny. On this basis, Navajo Nation is entitled to summary judgment on its first claim for relief. San Juan County’s motion for summary judgment is denied on the merits to the extent that it addresses the Equal Protection claim asserted in the first claim for relief, and denied as moot to the extent it addresses any other theory that could support Navajo Nation’s first claim. Because San Juan County Commission District Three violates the Equal Protection Clause, the districts in the County must be redrawn.

Briefs here.

North Dakota Motion to Dismiss in Brakebill v. Jaeger

Download memorandum in support here.

Link to complaint in previous post here.

Navajo Nation’s Motion for Summary Judgment in Voting Rights Matter

Here is the pleading in Navajo Nation v. San Juan County (D. Utah):

298 NN Motion for Summary J

Prior posts here and here.

North Dakota Tribal Member Sue over State’s Voter ID Law

Here is the complaint in Brakebill v. Jaeger (D. N.D.):

1 Complaint

News Profile of Navajo Voting Issues

Here is “Going Postal: How All-Mail Voting Thwarts Navajo Voters” from In These Times.

San Juan County Ordered To Create New School Board Election Districts by January 28th, 2016

Link to press release from Navajo Nation DOJ here.

Previous posts about the case here.

Excerpt:

Leonard Gorman, Executive Director of the Navajo Nation Human Rights Commission, attended the status conference and said, “We are very pleased with how the hearing went yesterday. It was great that Judge Shelby agreed that Navajo voters in San Juan County should not have to tolerate violations of their constitutional rights through another election cycle. We are especially grateful to Judge Shelby for establishing a firm deadline for fixing the County’s illegal School Board election districts.”

Navajo Prevails in Voting Rights Case

Here are the materials in Navajo Nation v. San Juan County (D. Utah):

173 Navajo Motion for Summary J – 4th Claim

182 Navajo Motion for Summary J – 2d Claim

183 Massey Expert Report

184 Ely Expert Report

184-1

184-2

184-3

184-4

184-5

184-6

184-7

184-8

184-9

184-10

184-11

184-12

184-13

184-14

184-15

184-16

185 Deyhle Expert Report

188 Engstrom Expert Report

189 Tom-Orme Expert Report

198 San Juan County Opposition

221 San Juan County Opposition to 173

280 DCT Order

Prior posts here, here, here, and here.

Navajo Nation Amicus Brief in Harris v. Arizona Independent Redistricting Commission

Here:

Navajo Amicus Brief in Harris v Arizona Independent Redistricting Commission

Alaska Settles Voting Rights Suit Brought by Alaska Natives

Here, “STATE OF ALASKA SETTLES IN HISTORIC VOTING RIGHTS CASE.”

An excerpt:

After nine months of negotiations, the State of Alaska reached a settlement with the Native Alaskan plaintiff’s who sued the state in federal court over the translation of voting materials and ballot access for Native Alaskan voters.  The settlement requires a variety of actions by the state including providing language assistance for three census areas and information in Gwich’in and up to six Yup’ik dialects in the official election pamphlet.  Read the full settlement document from the National Indian Law Library website. Find news coverage at the Alaska Dispatch website and the KTUU website.

Other materials here.

News coverage here.

Department of Justice Proposes Legislation to Empower Tribal Governments in Selecting Polling Places

Today the Department of Justice proposed legislation that would require states or localities whose territory includes part or all of an Indian reservation, an Alaska Native village, or other tribal lands to locate at least one polling place in a venue selected by the tribal government.  “The Department of Justice is deeply committed to ensuring that every eligible individual is able to exercise his or her fundamental right to vote,” said Attorney General Loretta E. Lynch. “That’s why, today, I am calling on Congress to help remove the significant and unnecessary barriers that for too long have confronted American Indians and Alaska Natives attempting to cast their ballots. The legislation we recommend today will make this nation stronger by extending meaningful voting opportunities to native populations, by encouraging full participation in our democratic institutions, and by bringing us closer to our most cherished ideals.”

“As citizens of a nation founded upon the principles of liberty and equality, Native Americans have faced unacceptable barriers to participating in the franchise, a situation aggravated by a history of discrimination, poverty and — significantly — great distances from polling places,” said Acting Associate Attorney General Stuart Delery. “In spite of many reforms made possible by the Voting Rights Act and other measures, voting rates among Native Americans remain disproportionately low. The legislation proposed today would address this unacceptable gap and we look forward to working with Congress to see it enacted.”

American Indians and Alaska Natives have faced significant obstacles that have prevented them from enjoying equal access to polling places and equal opportunities to cast a ballot. In addition to suffering from a long history of discrimination, the distance many American Indian and Alaska Native citizens must travel to reach a polling place presents a substantial and ongoing barrier to full voter participation. Following formal consultations with Indian tribes, the Department of Justice believes that there is a pressing need for federal legislation to ensure equal access to voting by Native American voters.

Today, the Department of Justice sent a letter to Congress with a legislative proposal, which would ensure that American Indian and Alaska Natives have access to at least one polling place in their communities to cast their ballots and require a number of additional obligations to ensure parity with other polling places.

This legislative proposal, a stand-alone bill, would:                           

Enable Native Americans to vote on or near tribal lands, by requiring any state or local election administrator whose territory includes part or all of an Indian reservation, an Alaska Native village, or other tribal lands to locate at least one polling place in a venue selected, and made available for the purpose of conducting elections, by the tribal government.

 

Require states to make voting machines, ballots, and other voting materials and equipment available at these tribally located polling places to the same extent that they are available at other polling places in the state.

 

Require states to provide compensation and other benefits to election officials and poll workers at these polling places to the same extent as at other polling places in the state.

 

Require states to use the same voting procedures at these polling places as at other polling places in the state — potentially including election-day voting, early voting, the hours during which polling places are open, the operation of voting mechanisms or systems, and same-day registration.

 

Allow states to meet their obligations by either creating new polling places or relocating existing ones.

 

Allow tribes with larger populations or land bases to request more than one polling place.

 

Make the states’ obligations contingent on the tribe filing a timely request and certifying that it has arranged for access to, and appropriate staffing for, the polling facility.

 

Require the tribe to ensure that the staffers for the polling place are properly trained.

 

Require the tribe to ensure that the polling place will be open and accessible to all eligible citizens who reside in the precinct, regardless of whether they are Indians or non-Indians.

The Department of Justice is committed to ensuring equal access to voting for Native American voters. This proposal would address serious voting obstacles faced by citizens who are members of Indian tribes and Alaska Native villages; provide equal access to polling places for all eligible citizens, including members of tribes and villages; reinforce our nation’s commitment to the fundamental right to vote; and strengthen the government-to-government relationship between the United States and tribal nations.  

In 1975, recognizing the barriers to full participation that Native Americans continued to confront, Congress expressly included American Indians and Alaska Natives as protected groups under the special provisions of the Voting Rights Act. Sections 4 and 5 of the Voting Rights Act prohibited many jurisdictions with large American Indian or Alaska Native populations from changing their voting laws until they could prove that the change would not create new barriers to effective participation. A number of jurisdictions with large Native American populations that have limited English proficiency — in six states, including Alaska — are also covered by Section 203 of the Voting Rights Act, which requires bilingual election materials and assistance.

 

Despite these reforms, participation rates among American Indians and Alaska Natives continue to lag behind turnout rates among non-Native voters. For example, in Alaska, turnout among Alaska Natives often falls 15 to 20 or more percentage points below the non-Native turnout rate. The causes of these disparities are complex, but the reality is that political participation by Native Americans consistently trails that of non-Natives and unequal access to polling places is a significant contributing factor.   

 

Review the legislation at http://www.justice.gov/tribal/department-justice-proposes-legislation-improve-access-voting-american-indians-and-alaska.

 

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