North Dakota: Attorney General asks judge to dismiss tribe’s voter ID lawsuit | Associated Press

North Dakota has asked a federal judge to dismiss a Native American tribe’s lawsuit challenging the state’s voter identification requirements, saying in part that tribal members named in the complaint weren’t impeded from voting on Election Day. The attorney general’s office in a Monday filing also argued that the state is immune from such lawsuits in U.S. District Court and that the Spirit Lake Sioux tribe doesn’t have standing to sue for several reasons, including that it’s unclear how the tribe might be affected by the inability of any members to vote. Even if that were clear, attorneys said, the tribe “is not representing the interests of all of its members, merely a select few.”

North Dakota: Few voters verify ID under North Dakota’s new ‘set aside’ ballot system | Grand Forks Herald

Less than a fifth of North Dakotans who marked a “set aside” ballot during last week’s midterm election followed up with a valid identification and had their vote counted, a state election official said Friday, Nov. 16. Under state law, voters who don’t have sufficient identification on Election Day may mark a ballot that’s separated from the rest. If a voter returns with an adequate ID within six days, the ballot would be included in the tally. The new procedure was introduced in the latest iteration of North Dakota’s voter ID law, which passed the Republican-controlled Legislature and was signed by Gov. Doug Burgum in 2017. Across the state, 1,110 voters marked a set aside ballot, Deputy Secretary of State Jim Silrum said. Only 141 of them, or 13 percent, returned to verify their ID, but several counties had not yet reported their figures to state officials by 8 a.m. Friday. At most, 219 people returned to verify their ID.

North Dakota: Federal judge rejects lawsuit, lets North Dakota disenfranchise Native American voters | Salon

federal judge has rejected a North Dakota tribe’s emergency motion to stop a voter ID law that it argued disproportionately affects Native Americans in Tuesday’s midterm elections. “The federal courts are unanimous in their judgment that it is highly important to preserve the status quo when elections are fast approaching,” U.S. District Judge Daniel Hovland wrote in his order. The judge said the lawsuit by the Spirit Lake Tribe gives “great cause for concern” and will need a “a detailed response from the Secretary of State as this case proceeds,” but decided that “a further injunction on the eve of the election will create as much confusion as it will alleviate, and is foreclosed by precedent which is hesitant to permit ‘eleventh-hour changes to election laws.’” The Spirit Lake Tribe sued to block the state from enforcing a voter ID law that they argued would disenfranchise hundreds if not thousands of Native Americans ahead of next week’s elections. The law requires all voters to present an ID with their street address, but many Native Americans who live on reservations do not have traditional street addresses and rely on post office box addresses.

North Dakota: Native Americans Fight for the Right to Vote in North Dakota | The Intercept

To find Honorata Defender’s home on the Standing Rock Sioux Reservation, mention her name to whoever you can find walking down the main street of her tiny town. They’ll tell you to turn when you get to the powwow grounds and to take the paved road, rather than the gravel one. Drive until you see a hill, and look for her car. Her house has no number on it, and mail is not delivered there; it goes to a P.O. box instead. As Defender put it, “We’ve never believed that a person can own land; it’s the land that owns us.” She added, “The concept of an address wasn’t a big deal.” Defender was working at her job as a reporter for the Corson/Sioux County News-Messenger — the local paper that covers Standing Rock, including one of the key North Dakota counties that voted Democrat in 2012’s Senate election — when she learned that the U.S. Supreme Court had upheld North Dakota’s voter ID law. The law will require each voter to present identification that displays a residential address, a major barrier for tribal members, since thousands of Native voters don’t use a home address. Defender’s home is on the South Dakota side of Standing Rock, but it is typical of the communities throughout the reservation.

North Dakota: Native Americans Try to Turn an ID Law to Their Advantage | The New York Times

Nobody in the squat yellow house serving as the Standing Rock Sioux Tribe’s get-out-the-vote headquarters knew its address. It was on Red Tail Hawk Avenue; they knew that much. But the number was anyone’s guess. Phyllis Young, a longtime tribal activist leading the voter-outreach effort, said it had fallen off the side of the house at some point. Her own home has a number only because she added one with permanent marker. This is normal on Native American reservations. Buildings lack numbers; streets lack signs. Even when a house has an address in official records, residents don’t necessarily know what it is. “We know our communities based off our communities,” said Danielle Ta’Sheena Finn, a Standing Rock spokeswoman and tribal judge. “We know, ‘Hey, that’s so-and-so’s house; you go two houses down and that’s the correct place you need to be.’”

North Dakota: Voter ID Law Could Stop Native Americans From Voting in Key Senate Race | Newsweek

Native American residents of North Dakota have been left scrambling to meet a controversial voter ID requirement that could render many ineligible to vote in the upcoming November mid-term elections. Earlier this month, the Supreme Court declined to overturn the GOP-backed voter law, which requires North Dakotans to show identification with their current street address. As many Native American reservations do not use physical street addresses, the law makes it difficult for thousands of people to cast their ballots. While Native American residents do often use PO boxes as mailing addresses, PO boxes do not qualify as proof of residency under the voter ID law. As a result, many voters will have to make the effort to obtain identification or documents, such as a tribal voting letter issued by tribal officials, that provide proof of a residential address.

North Dakota: Tribes scramble to meet voter ID requirements in North Dakota | CBS

Locating a house isn’t easy on the isolated and impoverished Turtle Mountain Indian Reservation in northern North Dakota, and that’s making it more difficult for residents and their counterparts on other reservations in the state to vote this election. To cast a ballot, they need identification with a provable street address — something that isn’t important to the 19,000 people who live on the remote 72-square-mile block of land where most streets have no signs. In their culture, they’ve never needed them. Tribal activist Wes Davis, 37, an official at the local community college and a lifelong reservation resident, describes where he lives this way — to the west of a gas station on the east side of town, behind the high school and across the road from another store.

North Dakota: Voter ID Law Could Keep Rural Native Americans From Voting | WBUR

The Supreme Court declined this month to overturn a North Dakota law that requires voters to present an ID listing their residential address at the polls. The decision could have a negative impact on tens of thousands of rural voters — many of them Native Americans who live on one of the states five reservations, where residents are not required to have a street address. Native Americans have long faced unique challenges relating to voter suppression. They were the last to gain suffrage in 1924 and couldn’t vote in states like Arizona, New Mexico and Utah until 1948.

North Dakota: A Look at Where North Dakota’s Voter ID Controversy Stands | The New York Times

North Dakota is home to one of the most important Senate races of 2018, and less than three weeks before Election Day, it’s embroiled in a fierce battle over who will be able to participate. nOn Oct. 9, the Supreme Court allowed a new state voter identification requirement to take effect, meaning North Dakotans will be voting under different rules than in the primaries just a few months ago. The change disproportionately affects Native Americans, and tribal leaders and advocacy groups have spent the past week and a half scrambling. In a recent letter to the North Dakota secretary of state, one group called the state’s current process unworkable and proposed a solution, but the secretary of state would not endorse it. It is an extraordinary situation: the electoral process thrown into chaos at the last minute in a state that will help decide which party controls the Senate. Here’s a look at where things stand.

North Dakota: Native Americans Decry Supreme Court Ruling on Voter ID in North Dakota | VoA News

Civil rights groups are expressing outrage over a recent Supreme Court ruling that could make it harder for Native Americans in North Dakota to cast their votes in the upcoming midterm elections. Last week, the Supreme Court ruled against overturning North Dakota’s controversial voter ID law which requires voters to present identification that verifies a current residential street address. Proponents of the law say it will help prevent voter fraud. Opponents say it will prevent many Native Americans from voting. “Addressing on reservations and in rural Native American communities is spotty,” Jacqueline D. De Leon, a member of the Isleta Pueblo in New Mexico and an attorney for the Native American Rights Fund (NARF), told VOA in August.

North Dakota: ​State strips then delays Native voting rights | High Plains Reader

Men in state government and on the U.S. Supreme Court crippled Native suffrage recently, but women are leading the fight to bring Native votes in record numbers to the polls. Some women are offering rides on Election Day to Natives lacking transportation. Others are filming videos on social media trying to explain what Native people need to prepare for ahead of time. Secretary of State promises to handle address switches from a post office box to a physical address are failing as multiple sources have reported waiting for three weeks to hear back from a county 911 coordinator. On October 9 the U.S. Supreme court voted 6 – 2 to disallow post office boxes as valid addresses to use while voting in North Dakota. All identification papers must have a physical address, which means many Native IDs are useless.

North Dakota: Supreme Court allows North Dakota to enforce voter ID laws | The Hill

The Supreme Court on Tuesday refused to toss out an appeals court order that allows North Dakota to enforce its voter ID requirement during the 2018 elections. The request to toss out the order came from a group of Native American residents who are challenging a new state law that requires voters to present identification that includes a current residential street address. The challengers argued the new rule disenfranchises a disproportionate share of the population because many Native American voters live on reservations without standard addresses.  

North Dakota: Officials Tell Tribes of Election Requirements | Associated Press

North Dakota is going ahead with requiring residents to provide a street address in order to vote on Election Day, even though some American Indian tribes have argued in federal court that they sometimes aren’t assigned on reservations. Secretary of State Al Jaeger’s office notified the state’s five tribes by email late Friday of North Dakota voter ID requirements. The email said obtaining a residential street address is a quick and no-cost process that can be done by notifying 911 coordinators in any of North Dakota’s 53 counties. A file containing a downloadable poster was attached to the email. “The effort is to educate people who vote and how to comply with the law,” Deputy Secretary of State Jim Silrum said Monday.

North Dakota: Plaintiffs in Native American voter ID case seek Supreme Court appeal | INFORUM

Attorneys representing a group of Native Americans challenging North Dakota’s voter identification laws filed an emergency appeal to the U.S. Supreme Court Thursday, Sept. 27. This week, a federal appeals court halted part of a lower court ruling that said the state must accept IDs and supplemental documentation with a current mailing address. The appellate court said that could lead to voters casting a ballot in the wrong precinct if they use a post office box as a mailing address. The Native American Rights Fund, which represents the tribal members, said in a news release the ruling means “several thousand” qualified North Dakota voters “will be unable to vote in this year’s election simply because they do not have a residential address or because they lack the documentation and/or funds to obtain the required voter identification.”

North Dakota: Appeals court ruling a setback for Native Americans challenging voter ID law | Grand Forks Herald

A federal appeals court halted part of a lower court’s ruling in the long-running battle over North Dakota’s voter identification laws Monday, Sept. 24, citing the potential for fraud in the state’s elections. In a split decision representing a setback for Native Americans challenging the law, the U.S. Court of Appeals for the 8th Circuit suspended a federal judge’s April ruling mandating that the state accept IDs and supplemental documentation with a current mailing address. The suspension, known as a stay, will be in effect while the court case moves forward. The appeals court noted North Dakota is the only state without voter registration and has a “legitimate interest in requiring identification and a showing of current residence to prevent voter fraud and to safeguard voter confidence.” It said the state would be “irreparably harmed” without a stay as requested by Secretary of State Al Jaeger, a Republican.

North Dakota: Appeals Court Hearing Arguments on Voter ID | Associated Press

North Dakota is asking a federal appeals court to overturn a ruling that found problems with how the state’s voter identification laws affect Native Americans. The state is arguing the case Monday in the 8th U.S. Circuit Court of Appeals. U.S. District Judge Daniel Hovland in April agreed to expand the proof of identity Native Americans can use for North Dakota elections. The judge also ordered eliminating a requirement that those documents include residential street addresses, which sometimes aren’t assigned on American Indian reservations.

North Dakota: No voter registration point of pride, unease in North Dakota | Associated Press

John Erickson breezed into downtown Bismarck’s government building, flashed his ID and picked up a primary ballot. A few minutes later, the early voting ballot complete, Erickson traded pleasantries with friends and familiar poll workers and headed back to tend the cows and crops on his farm north of the state’s capital city. Erickson, 86, the proud non-owner of a neither a television nor computer, relishes the fact that he has never had to register to vote in his native state. “I like life simple,” he said. In an era when hacking has raised concerns about the security of America’s elections and President Donald Trump rages about voter fraud, North Dakota stands out as the only state that doesn’t require voter registration. Residents and most state and local election officials say the low-tech system in use for Tuesday’s primary, as it has been for generations, works just fine.

North Dakota: State, tribes fail to reach settlement over voter ID | Associated Press

Talks between the state of North Dakota a group of Native Americans failed to reach agreement over ways that tribal members can prove their identity in order to vote. Republican Secretary of State Al Jaeger said the two sides could find no agreement during the closed-door meeting Tuesday. He declined to discuss any of the proposals, saying they are confidential. Discussions “possibly may continue,” Jaeger said. “We’re leaving the door open.” Tom Dickson, a Bismarck-based lawyer for tribal members, said he was hopeful a settlement could be reached. But he said “the ball is in the state’s court.” The talks were suggested by U.S. District Judge Daniel Hovland, who had criticized the state for raising a “litany of embellished concerns” about people taking advantage of his ruling last month that expand the proof of identity Native Americans can use for North Dakota elections.

North Dakota: Voter ID settlement conference ends without resolution | West Fargo Pioneer

The two sides fighting over North Dakota’s voter identification law failed to reach a settlement Tuesday, May 29. More than two years after several members of the Turtle Mountain Band of Chippewa sued Secretary of State Al Jaeger over the state’s voter ID laws, the two sides met in a settlement conference at the federal courthouse in Bismarck Tuesday. But that ended without an agreement, Jaeger told county auditors in a message. Jaeger, a Republican, said he couldn’t disclose any proposals because the talks were confidential. He said “discussions may continue.”

North Dakota: GOP to support independent secretary of state candidate after learning about nominee’s peeping case | West Fargo Pioneer

The North Dakota Republican Party confirmed it will support an independent candidate for secretary of state Tuesday, May 22, one day after that office’s longtime occupant said he would mount such a campaign. Republican Al Jaeger said Monday he’ll work to gather the 1,000 signatures necessary to appear on the November ballot as an independent. That announcement came a day after the Republican-endorsed candidate, Will Gardner, dropped out of the race once his 2006 peeping arrest surfaced. The North Dakota Republican Party said in a news release Tuesday that independent candidates who intend to petition for a letter of support should appear before a Republican State Committee meeting June 16 in Fargo, a few days after the primary election. The party will begin drafting procedural rules for the meeting.

North Dakota: Jaeger to run as independent after Gardner drops out of secretary of state’s race | West Fargo Pioneer

North Dakota Secretary of State Al Jaeger plans to seek re-election as an independent in November after the Republican-endorsed candidate dropped out once his 2006 peeping arrest surfaced. Jaeger, a Republican who has been in office since 1993, said Monday, May 21, he conferred with Republican Attorney General Wayne Stenehjem about his legal options and determined an independent run was his only viable path to re-election. “I know the office well. I believe I have a good record,” Jaeger said. Jaeger will need 1,000 signatures by Sept. 4 to appear on the November ballot.

North Dakota: As settlement talks near, Heitkamp says voter ID laws ‘clearly target’ Native Americans, college students | West Fargo Pioneer

Heidi Heitkamp criticized North Dakota lawmakers this week for passing what she called unnecessary voter identification laws in the years after she was first elected to the U.S. Senate as a Democrat, drawing a rebuke from Republicans. In an interview Thursday, May 10, Heitkamp said the laws “clearly target” Native Americans and college students, two groups that tend to favor Democrats. She said there’s “absolutely no proof” of voter fraud in North Dakota.

North Dakota: State agrees to settlement talks over voter ID laws | Associated Press

North Dakota agreed to hold settlement negotiations with a group of American Indians who sued over expanded voter ID laws after a federal judge admonished the state for exaggerating worries of voter fraud. U.S. Magistrate Judge Charles Miller on Monday scheduled the settlement talks proposed by the plaintiffs for May 29 in Bismarck. In a ruling last week, U.S. District Judge Daniel Hovland criticized the state for raising a “litany of embellished concerns” about people taking advantage of his earlier ruling that expands the proof of identity Native Americans can use for North Dakota elections. Hovland had suggested the parties negotiate a settlement “so that all homeless persons, and all persons who live on Native American reservations in North Dakota, can have a meaningful opportunity to vote.”

North Dakota: Federal judge won’t delay voter ID ruling | Associated Press

A federal judge won’t delay part of a ruling that found problems with how North Dakota’s voter identification laws affect Native Americans, despite the state saying it could lead to voter fraud. U.S. District Judge Daniel Hovland in his order Monday chided the state for raising a “litany of embellished concerns” about people taking advantage of his ruling last month that expand the proof of identity Native Americans can use for North Dakota elections. Hovland last month eliminated a requirement that documents used by Native American include residential street addresses. Those sometimes aren’t assigned on American Indian reservations. North Dakota officials called that part of the ruling unworkable, and claimed someone with only a post office box could still vote where they don’t live. “The reality is (the state) has failed to demonstrate any evidence of voter fraud in the past or present,” Hovland wrote in his order Monday, denying a delay.

North Dakota: Court ruling hangs over June election | Minot Daily News

North Dakota voters should be prepared to show identification when they go to the polls in June, although just what that means might depend on a federal judge. Secretary of State Al Jaeger spoke to the Minot Area Chamber of Commerce’s Governmental Affairs Committee Friday about the state’s election system. Earlier this month, U.S. District Judge Daniel Hovland expanded the valid forms of identification that can be used by tribal members and struck down a state mandate that voter identification include a current residential street address. Several members of the Turtle Mountain Band of Chippewa first challenged the state’s voter ID law more than two years ago. They are asking the court to award them $1.1 million in attorney fees and other costs.

North Dakota: State fights part of voter ID ruling amid appeal | West Fargo Pioneer

North Dakota is fighting part of a federal judge’s ruling that loosened the state’s voter identification law. Early this month, U.S. District Judge Daniel Hovland issued an order preventing the state from requiring that IDs include a “current residential street address, which Native American communities often lack. The state asked Tuesday, April 10, to delay that order while an appeal is pending. The state also asked for a stay on Hovland’s order requiring a voter education campaign, arguing that “informing the public now about information that may later change may cause more confusion.”

North Dakota: Federal judge expands tribal ID options for North Dakota | Associated Press

A federal judge has agreed to expand the proof of identity Native Americans can use for North Dakota elections, a decision reversing his temporary order that allowed voters without a state-approved ID to cast ballots by signing a legal document. U.S. District Judge Daniel Hovland’s ruling issued Tuesday adds other tribal documents to the state’s list of valid forms of ID. It also eliminates a requirement that those documents include residential street addresses, which sometimes aren’t assigned on American Indian reservations. “No eligible voter, regardless of their station in life, should be denied the opportunity to vote,” Hovland wrote in his 17-page ruling.

North Dakota: With election nearing, state of State asks for quick review of voter ID case | West Fargo Pioneer

The state of North Dakota has asked a federal judge to speed up his review in the ongoing battle over its voter identification laws as a statewide election draws closer. In a motion filed in U.S. District Court in North Dakota Friday, March 9, an attorney for the state noted that the primary election is just three months away. Moreover, absentee and mail-in ballots for that election can be submitted as early as April 27. Deputy Solicitor General James Nicolai wrote that “timely resolution of the pending motions brought by both sides is necessary for proper planning by election officials.” He asked U.S. District Judge Daniel Hovland to “resolve this matter at the earliest possible time.”

North Dakota: Warning of ‘thousands of unverifiable votes,’ State asks judge to lift order on voter ID law | Bismarck Tribune

The state of North Dakota asked a federal judge this week to lift a 2016 order preventing it from implementing its voter identification law without a “fail-safe” option previously available to voters. The Republican-controlled Legislature in 2013 eliminated the affidavit option that allowed voters who didn’t provide an ID to swear their eligibility. That change, along with others made in 2015, were challenged in court by seven members of the Turtle Mountain Band of Chippewa who argued the laws were unconstitutional and discriminatory. A federal judge granted a preliminary injunction in August 2016, just a few months before the election, and later ordered North Dakota to offer the affidavits.

North Dakota: Aging voting machines could pose a challenge for counties | Prairie Public Broadcasting

In 2017, the North Dakota Legislature was asked to fund new voting machines. The Legislature declined. And that means North Dakota is using the same voting system it purchased back in 2004. “That’s a long life span for technology,” said Deputy Secretary of State Jim Silrum. Silrum said the current machines use the Windows 7 operating system. Windows no longer supports that system, and Silrum said the counties have had to cannibalize their existing machines to have some that still work. “You can’t any longer find chips or motherboards that run slow enough, because modern technology has advanced,” Silrum said. “They just say, ‘Why would we want to build something so slow?'”