Link to press release from NARF here.
Download Plaintiffs’ Memorandum in Support here.
Doc. 45 Brief in Opposition to Motion for Preliminary Injunction 2016 07 05 (00137735x9D7F5)
Link to previous coverage here.
Indian country voting rights
Pine Ridge Reservation Voting Rights Case Fails
Here are the materials in Poor Bear v. County of Jackson SD (D. S.D.):
Lumbee Tribal Members Amicus Brief in Challenge to North Carolina’s Voter ID Law
Here is the brief of Pearlein Revels, Louise Mitchell, Eric Locklear, and Anita Hammonds Blanks in Support of Plaintiffs in North Carolina State Conference of the NAACP v. McCory:
One of our great friends Jeanette Wolfley is counsel for amici!
United States Files Statement of Interest in Brakebill v. Jaeger
Patty Ferguson-Bohnee on Indian Voting Rights in Arizona
Patty Ferguson-Bohnee has posted “The History of Indian Voting Rights in Arizona: Overcoming Decades of Voter Suppression,” which she published in the Arizona State Law Journal. Here is the abstract:
Native Americans “have experienced a long history of disenfranchisement as a matter of law and of practice.” This comes from a complicated and contradictory history of laws and policy that has recognized tribes as separate sovereigns, reduced tribal status to that of domestic dependent nations, sought to remove, relocate, or assimilate tribal citizens, terminated numerous indigenous nations, and has now moved to a policy of tribal self-government. Unfortunately, the right to vote for Arizona’s first people has only recently been achieved, and there are continuing threats to the electoral franchise.
Voter suppression has been used to discourage or prevent Indian people from voting in Arizona. Voter qualifications such as literacy tests were used to prevent Indians from participating in elections for approximately fifty years. Once Native Americans started voting, redistricting and vote dilution were used to reduce the effectiveness of the Native vote.
This article will review the history of Indian voting rights in Arizona. The author begins by reviewing the history of Native American voting rights and the history of voting discrimination against Native Americans in Arizona. The Voting Rights Act turned the corner for Native people to participate in the state and federal election processes. The article then discusses the current challenges faced by Native American voters and specifically discuss the voter ID law passed in 2004. The voter ID law is a roadblock that impedes full participation by all Arizona Indians. The last part of the article focuses on strategies to protect Indian voting rights. Notwithstanding the Supreme Court’s invalidation of the Section 5 coverage formula in Shelby County, tribes should consider proactive measures to ensure that tribal citizens can participate in elections.
Highly recommended.
Navajo Nation Prevails in Voting Rights Case against San Juan County
Here is the order in Navajo Nation v. San Juan County (D. Utah):
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
North Dakota Tribal Member Sue over State’s Voter ID Law
Here is the complaint in Brakebill v. Jaeger (D. N.D.):
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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Jeanette Wolfley on Enfranchising Native American Voters
Jeanette Wolfley has posted “You Gotta Fight for the Right to Vote: Enfranchising Native American Voters,” forthcoming in the University of Pennsylvania Journal of Constitutional Law.
Here is the abstract:
Five decades ago, the Congress passed the Voting Rights Act of 1965. Since its passage, the Voting Right Act has created the opportunity to vote for many racial and language minorities across the country, and has survived many challenges until 2013. The U.S. Supreme Court issued two decisions involving voting rights in its 2012-2013 term. On June 25, 2013, in Shelby County v. Holder, a divided Supreme Court struck down Section 4 – a key provision of the 1965 Voting Right Act (VRA) – as unconstitutional. On June 17, 2013, one week before the Shelby County decision, the Court decided another voting rights challenge. In Arizona v. Inter Tribal Council of Arizona, Inc., the Court held that the federal National Voter Registration Act of 1993 (NVRA) preempted Arizona’s requirement that voters provide proof of citizenship in order to register to vote. Certainly, this decision was not as symbolic as Shelby County, but nonetheless is significant for minority voters and voters in general. In the aftermath of Shelby County, many voting rights litigators and scholars are contemplating what the case means for the future of Black and Latino minority voting rights across the country. To date, however, scholars’ and practitioners’ reaction to and focus on the Shelby County decision has not considered or identified its impact on Indian voters or reservation residents. Accordingly, this Article seeks to fill the void by examining the Shelby County and Inter Tribal Council decisions and provides some insight and effective responses with regard to their impacts on Native American voters across Indian country.
Turtle Talk 
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