Native American Voting Rights Act introduced in Congress

Oklahoma City-born US Senator Elizabeth Warren (D-Mass) has announced she is co-sponsoring a bill to improve Native American access to the electoral process. The bill, the Native American Voting Rights Act of 2018 (S.3543) was introduced by Senator Tom Udall (D-NM).

“For too long, Native communities have faced major, unfair challenges in exercising their right to vote," Warren said. "The Native Voting Rights Act is an essential step to tearing down many of those obstacles. Native voters should have equal access to the ballot box, and I’m very pleased to join Senator Udall in making a major stride toward this goal by introducing this powerful legislation.”

The Native American Voting Rights Act of 2018 would implement key provisions to ensure Native Americans have equal access to the ballot box, including the establishment of a first of its kind Native American Voting Rights Task Force, which would authorize funding for tribal-state consortiums to bolster Native voter registration, education and election participation efforts in tribal communities.

The bill would also increase Native access to voter registration sites and polling locations and ensure equal treatment for tribal ID cards for voting purposes.

“Our nation’s democracy is founded on the right to vote and the ability of every citizen to participate in that process equally," said Martin Heinrich (D-NM). "Unfortunately, there are many obstacles in Indian Country that stand in the way of Native Americans’ ability to vote—from language barriers and burdensome voter ID requirements to the locations of polling places for remote and rural communities. I’m proud to support this legislation to provide resources and oversight to overcome those obstacles and ensure equal access to our democracy.”

“Native communities face unique challenges in our electoral process, and their voices deserve to be heard,” Heidi Heitkamp (D-ND) said. “Voting should be an accessible, simple, and fair process for every American, but that has not been the case everywhere in Indian Country. We need to put an end to every form of voter discrimination, and our bill would be an important starting point to bring equal access and equal rights to voters in Indian Country and Native Americans around the country.”

“Tribal communities are empowered when their voices are heard and their rights and values are respected,” said New Mexico Secretary of State Maggie Toulouse Oliver. “The Native Voting Rights Act takes those voices into account and is an important step toward more access to the democratic process and participation among Native Americans. I’m heartened to know that The Native Voting Rights Act will help Native Americans overcome these barriers and create more equal access to the ballot box.”

“The Native Voting Rights bill will increase access for Native Americans and provide the necessary voting protections in Indian Country that the Navajo Nation advocates for,” said Navajo Nation President Russell Begaye. “Navajo citizens have to drive up to 95 miles one-way to access early voting registration and polling sites, which is a stark contrast to our off-reservation counterparts. This Act will help correct injustices contributing to the low Native voter turnout by providing our communities with equal access to voter registration and polling sites."

Jacqueline De León (lsleta Pueblo of New Mexico), Staff Attorney for the Native American Rights Fund, added, “Our field hearings documented the many challenges that Native Americans face when they try to exercise their fundamental right to vote. From modern day poll taxes, to overt racism and lack of in-person registration and voting opportunities, the hearings show that this legislation is desperately needed.”

An issue advocates hope the bill will resolve is the use of 'street address only' clauses in some states' voter ID laws. These clauses require residents to list a specific USPS-style street address when registering to vote. Areas that the Postal Service does not serve, such as in rural Native communities, are thus excluded from being able to vote.

(This clause is not an issue in Oklahoma, where if necessary rural residents may simply write directions to their home when registering. The county election board then confirms the location using the 'section, township, range' function of the Public Land Survey system).

After introduction the Voting Rights Act bill was referred to the Senate Judiciary Committee where it is currently awaiting deliberation.