⚖️Native American Legal Studies Unit 11 – Native American Voting Rights & Participation

Historical Context

• Native Americans were granted U.S. citizenship and the right to vote with the passage of the Indian Citizenship Act of 1924
• Prior to 1924, Native Americans were often denied the right to vote due to various discriminatory practices and laws at the state level
• Even after the Indian Citizenship Act, many states continued to use tactics such as literacy tests, poll taxes, and intimidation to suppress Native American voting
• The Voting Rights Act of 1965 provided additional protections for minority voting rights, including those of Native Americans
• Despite these legal advancements, Native Americans have historically faced significant barriers to exercising their right to vote

Legal Framework

• The U.S. Constitution grants Congress the authority to regulate commerce with Native American tribes and to make laws governing Native American affairs
• The Indian Citizenship Act of 1924 granted U.S. citizenship to all Native Americans born within the territorial limits of the United States
• The Voting Rights Act of 1965 prohibited discriminatory voting practices and provided federal oversight of elections in jurisdictions with a history of discrimination
• The National Voter Registration Act of 1993 (NVRA) aimed to increase voter registration opportunities and protect the integrity of the electoral process
• The Help America Vote Act of 2002 (HAVA) established minimum standards for states to follow in several key areas of election administration and provided funding to help states meet these new standards

Key Legislation and Court Cases

• The Indian Citizenship Act of 1924 granted U.S. citizenship to all Native Americans born within the territorial limits of the United States, thereby extending the right to vote
• The Voting Rights Act of 1965 prohibited discriminatory voting practices, such as literacy tests, and provided for federal oversight of elections in jurisdictions with a history of discrimination
  • Section 2 of the Act prohibits any voting practice or procedure that results in a denial or abridgement of the right to vote on account of race, color, or membership in a language minority group
  • Section 5 requires certain jurisdictions with a history of discrimination to obtain federal preclearance before implementing any changes to their voting laws or practices
• Thornburg v. Gingles (1986) established a three-part test for determining whether a redistricting plan dilutes minority voting strength in violation of Section 2 of the Voting Rights Act
• Shelby County v. Holder (2013) struck down the coverage formula in Section 4(b) of the Voting Rights Act, effectively ending the preclearance requirement under Section 5

Barriers to Native American Voting

• Geographic isolation and lack of transportation can make it difficult for Native Americans living on reservations to access polling places
• Inadequate language assistance for Native American voters who primarily speak indigenous languages
• Voter ID laws that disproportionately impact Native Americans, who may lack the necessary documentation or face challenges obtaining it
• Lack of trust in the electoral system due to a history of broken promises and discrimination by the U.S. government
• Socioeconomic factors, such as poverty and lower levels of education, can hinder political participation and awareness of voting rights
• Discriminatory redistricting plans that dilute Native American voting strength by dividing communities or packing them into a single district

Voting Rights Movements and Activism

• The Native American Rights Fund (NARF) has been at the forefront of advocating for Native American voting rights through litigation, education, and policy reform
• The National Congress of American Indians (NCAI) has worked to increase Native American voter registration, education, and turnout through initiatives like Native Vote
• The Four Directions organization has focused on increasing Native American voter participation and combating voter suppression in states with significant Native American populations
• Individual activists, such as OJ Semans of the Rosebud Sioux Tribe, have led grassroots efforts to mobilize Native American voters and challenge discriminatory voting practices
• Collaboration between Native American advocacy groups and other civil rights organizations has helped to raise awareness of Native American voting rights issues and push for legislative and policy changes

Current State of Native American Voting

• Native American voter turnout has increased in recent elections, but still lags behind that of other racial and ethnic groups
• Efforts to increase Native American voter registration and participation have been bolstered by initiatives like the Native American Voting Rights Act and the Native American Voting Rights Coalition
• Some states, such as Washington and Arizona, have taken steps to improve ballot access for Native American voters by allowing tribal identification for voter registration and establishing polling places on reservations
• Despite progress, Native American voters continue to face obstacles, such as the closure of polling places, strict voter ID laws, and the lack of language assistance
• The COVID-19 pandemic has presented additional challenges for Native American voters, particularly those living on reservations with limited access to mail-in voting and in-person polling places

Ongoing Challenges and Debates

• The impact of the Shelby County v. Holder decision on Native American voting rights, as previously covered jurisdictions are no longer required to obtain preclearance for changes to voting laws and practices
• The need for comprehensive federal legislation, such as the Native American Voting Rights Act, to address the unique challenges faced by Native American voters
• Debates over the extent to which voter ID laws and other election integrity measures disproportionately burden Native American voters
• The role of tribal sovereignty in the administration of elections and the potential for increased collaboration between tribal governments and state and local election officials
• The impact of redistricting on Native American representation and the need for greater community input in the redistricting process
• Addressing the digital divide and ensuring that Native American voters have access to online voter registration and information resources

Future Outlook and Proposed Solutions

• Passing comprehensive federal legislation, such as the Native American Voting Rights Act, to address the unique challenges faced by Native American voters and provide a nationwide framework for protecting their voting rights
• Increasing collaboration between tribal governments, state and local election officials, and Native American advocacy organizations to improve ballot access, voter education, and language assistance
• Investing in infrastructure and resources to ensure that Native American voters living on reservations have equal access to polling places, mail-in voting, and online voter registration
• Encouraging states to adopt more inclusive voter ID laws that accept tribal identification and to establish polling places on reservations to reduce travel burdens
• Promoting Native American voter education and outreach programs to increase awareness of voting rights, registration deadlines, and the importance of political participation
• Supporting Native American candidates and increasing Native American representation in elected office at all levels of government
• Addressing the socioeconomic factors that contribute to lower levels of Native American political participation, such as poverty, lack of education, and limited access to transportation and communication technologies