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.”
Articles about voting issues in North Dakota.
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.
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.
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.’”
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.
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.
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 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.
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.