14 Mobilizing Civil Society on Native Reservations

About the Author

Chris Marshall is a sophomore in the Professional Pilot Program. They were born in Winfield, Illinois but spent most of their time living in San Antonio, TX. They aim to become one of the only Jewish, non-binary airline pilots. Chris is involved with the Honors Program at Utah State and is a DJ for Aggie Radio.

This essay was composed in May 2022 and uses MLA documentation.

COULD YOU IMAGINE FILLING OUT a vote-by-mail ballot at the post office instead of going home to fill it out? What about receiving the ballot too late? Well, that is a reality in the Navajo Nation. First-class mail could take up to ten days to reach St. Johns, the county seat of Apache County, Arizona, which is near the Navajo Nation. The Navajo Nation in Arizona, spread over 18,000 square miles, only has 27 post office locations. Some of the postal offices are open for several hours a day. This space is comparable to New Jersey, which covers 8,723 square miles and has over 500 post offices, only 13 post offices covering the entire state (Astor; “USPS”). Not being able to receive the ballot on time or having limited access to postal offices are just two examples of roadblocks that make it hard for Native Americans to vote. There shouldn’t be any roadblocks that prevent Native Americans from voting, as voting is a civil right. Congress must pass H.R.5008, the Native American Voting Rights Act of 2021, to protect Native Americans’ civil rights.

Meet Darlene Yazzie, who is a member of the Navajo Nation living in Dennehotso, AZ. The town of Dennehotso has a couple of churches, a market, a school, and a Navajo chapter house, which contains a post office. However, that post office is ten miles away from Yazzies’s home. It takes a long time for mail to reach that post office, as it takes ten days to reach the county seat of St. Johns, which is 200 miles away from Dennehotso. When Yazzie voted in Arizona’s primary election during the 2020 election, she filled out the ballot at the post office instead of her home. Her son tried bringing the ballot home but couldn’t return the ballot in time due to the limited post office hours (Astor).

To demonstrate the problems with mail in the Navajo Nation, Four Directions, a Native American voter rights group, tried sending mail from different post offices in the Navajo Nation. None of the first-class mail reached the county recorder’s office in less than six days. As mail-in ballots are usually sent to the county recorder’s office, that is a significant issue. In comparison, mail sent from the city of Scottsdale reached the Maricopa County office in 18 hours (Astor). Six days is a lot more time than 18 hours, especially when it comes to voting. In addition, because of the ruralness of the Navajo Nation, there are fewer postal workers to deliver mail, and some areas take special equipment to reach.

Well, if mail-in voting doesn’t work well, what about in-person voting? Let’s meet some more people who live in the Navajo Nation or other reservations: Agnes Laughter, Thomas Poor Bear, and Naomi White, and see what issues they have faced. Laughter lives in Chilchinbeto, AZ, which is 170 miles away from Flagstaff, AZ. When Arizona passed a law requiring voter identification, she couldn’t vote in 2006 because she had no identification. White, who resides outside of the town of Window Rock, AZ, wasn’t assigned to a voter precinct during the 2006 election. The reason? She didn’t have a home address, so her physical address was considered too obscure. As a result, she couldn’t even vote via absentee ballot.

Poor Bear isn’t a member of the Navajo Nation like everyone else mentioned so far. Instead, he is a member of the Oglala Sioux tribe in Wanblee, SD. For him to vote, he has to travel 30 miles each way to the town of Kadoka. 22% of Native American households lack a car in Jackson County, where Wanblee and Kadoka are located. After he filed a lawsuit, a satellite voter registration office was opened in Wanblee (“Securing Indian Voter Rights” 1731). These stories are just a small percentage of the issues Native Americans face when it comes to voting. There are plenty of stories left untold.

Before 1924, Native Americans weren’t even considered citizens in the United States. They would have to cut off all ties to their tribe to be regarded as citizens. However, in 1924, that changed with the passage of the Indian Citizenship Act. When that act was passed, all Native Americans became citizens of the United States. However, that was not enough. States still denied the right to vote to Native Americans by using discriminatory practices such as poll taxes and literacy tests (Ferguson-Bohnee 1103-1104). In Arizona, the Arizona Supreme Court stated that because Native Americans were under guardianship by the federal government, they were not eligible to vote under the Arizona Constitution, which states that people under guardianship were not eligible to vote (Ferguson-Bohnee 1108-1109).

During World War II, Native Americans were drafted. The United States government used members of the Navajo and Hopi tribes to send coded messages. The Navajo and Hopi Code Talkers were essential to military victories such as Iwo Jima. When the Native Americans returned from the war, fighting for freedom, they still had no right to vote in Arizona. The Native Americans couldn’t even vote if they lived off the reservation, had a job off the reservation, and served in the military.

During the 1940 census, Native Americans comprised 11.5% of Arizona’s population, which made them the largest minority. With them being unrepresented in elections, something had to change. In 1948, Frank Harrison and Harry Austin, members of the Yavapai Nation, filed a lawsuit to reverse the Arizona Supreme Court’s decision not to allow Native Americans to vote. As a result, the Arizona Supreme Court reversed its decision, and Native Americans could legally vote (Ferguson-Bohnee 1109-1111). It’s a bit ironic how Native Americans could fight in the war for freedom, but their freedoms at home were limited. Thankfully, Harrison and Austin’s lawsuit opened a new door of possibilities for Native Americans. However, that was not enough. There were still barriers that discriminated against the Native Americans in Arizona.

Even though the Native Americans could legally vote, many couldn’t vote due to barriers in language and literacy. Arizona law stated that to vote, one would have to be able to read the constitution in English and write their name. Because many Native Americans couldn’t write or read English, many were ineligible to vote. Some Native Americans could vote, but approximately 85% of Native Americans did not read or write in English. Schools weren’t given enough resources to teach Native American children how to read or write, so there was no opportunity for the illiteracy rate to decrease. However, in the 1960s and the 1970s, federal laws were passed that banned the literacy test. Native Americans could finally vote (Ferguson-Bohnee 1112).

The Voting Rights Act, passed in 1965, guaranteed the right to vote for Native Americans. The Voting Rights Act made it illegal to use discriminator practices, such as literacy tests and poll taxes. It also enforced the Fifteenth Amendment to the Constitution, which states, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude” (“15th Amendment”; “Voting Rights Act”). Even though the passing of the Fifteenth Amendment gave the right to vote to all citizens, the Voting Rights Act enforced the Fifteenth Amendment so states couldn’t bypass the Amendment. Utah and Maine were the last states to recognize the right to vote for Native Americans (Hedgpeth).

However, Arizona found a way to bypass the Voting Rights Act. They could still use a literacy test for voter registration because they claimed it was not discriminatory, as everyone had to take it regardless of race. However, in the 1970s, Congress and the Supreme Court prohibited the use of literacy tests, and in 1975, a new Voting Rights Act was passed that permanently banned literacy tests (Ferguson-Bohnee 1112-1115). Even though Native Americans became citizens in 1924, they couldn’t even register to vote until 1948, and even then, most of them couldn’t vote until the 1970s. Even today, 50 years later, there are still barriers.

In 2004, Proposition 200 was passed in Arizona. This proposition required voters to present either government-issued photo identification or two forms of identification. Those two forms of identification could include: a “current utility bill, bank or credit union statement, Indian census card, property tax statement, tribal enrollment card, tribal identification, vehicle insurance card, or a recorder’s certificate” (Ferguson-Bohnee 1125). With Proposition 200, Native Americans with a tribal identification with only their name could vote using a provisional ballot. However, the Navajo Nation didn’t provide tribal identification at that time. Navajo citizens didn’t need identification to vote in tribal elections or to access places on the reservation. Instead, they were identified by a kinship system. Once the Navajo Nation started issuing tribal identifications, they were limited to those that could afford the $17 fee and could travel to Window Rock, the capital of the Navajo Nation (Ferguson-Bohnee 1125-1126). Even though the Voters Right Act prohibited discrimination in voting, states still use identification requirements to disenfranchise voters. In Arizona’s case, it used identification requirements to disenfranchise Native American voters, who might not be able to obtain the identification required to vote.

Going back to Agnes Laughter’s story, she had voted in all elections after becoming eligible to vote. Yet, she couldn’t vote in the 2006 election because she lacked the required identification due to the passage of Proposition 200. When she went to the polling station in Chilchinbeto, AZ, she was recognized by Mary Yazzie, a poll worker, as they are both members of the Red-Running-into-the-Water maternal clan. However, that wasn’t enough. She had to leave and couldn’t vote. She didn’t have photo identification, and she didn’t have two alternate forms of identification. This situation is one faced by many members of the Navajo Nation. In 2008, more types of identifications were added to the acceptable list, but some Navajo members still lacked those identifications (Ferguson-Bohnee 1127-1131). Even though Native Americans could finally vote thanks to the passage of the Voting Rights Act, voter identification laws added an additional roadblock to voting. Voter identification laws make it harder for Native Americans to vote, as they would have to obtain the forms of identification required.

Native Americans in the Navajo Nation aren’t the only ones to suffer from voting roadblocks. In North Dakota, the Turtle Mountain Band of the Chippewa Indians and the Spirit Lake Tribe filed a lawsuit against North Dakota’s election official due to gerrymandering that would silence the Native American voice in elections. The plaintiffs claim that a newly drawn map violated the Voting Rights Act by placing the Native voters into just one subdistrict while placing them into two districts with white voters who would vote against Native American candidates. For the map to comply with the Voting Rights Act, it would have to place the two tribes into one district, creating a majority. That would allow Native Americans to elect candidates to the House and the Senate (Woodward). This lawsuit is still ongoing.

On August 13, 2021, H.R.5008, otherwise known as the Frank Harrison, Elizabeth Peratrovich, and Miguel Trujillo Native American Voting Rights Act of 2021, was introduced onto the floor of the House. This bill would expand voter registration agencies, increase polling sites, expand early voting, provide ballot boxes, allow tribal identification, and expand bilingual voting accessibility. With this bill, a task force will be started that will focus on increasing registration, turnout, education, and accessibility for Native American voters (“H.R.5008”). The Native American Voter Rights Act was added to the John R. Lewis Voting Rights Advancement Act on October 5, 2021 (“Native American Voter Rights Act”). Congress needs to focus on passing this bill, especially with the 2022 election coming up soon. This bill will allow for Native Americans’ voices to be heard and more civil liberties for both Native and non-Native Americans.

During the 2020 election, Native American voters were impactful in flipping Arizona and Wisconsin from Republican to Democrat states. Now, with the 2022 midterms upcoming, the Native American vote could potentially have a significant impact on the results. Often, Native Americans don’t vote based on the party but by who they think will improve Native American life the most. While most midterms have lower voter turnout than presidential elections, the turnout among Native American voters in 2022 could increase due to local candidates’ impact (Sanchez). As the Native American Voting Rights Act and the Voting Rights Advancement Act are currently stalled in Congress, the 2022 election could see Native American voters voting for those who would support the acts. These acts would significantly impact Native American voter turnout in elections and reduce roadblocks to voting,

For the entire history of the United States, there has been discrimination against Native Americans. Native Americans didn’t become citizens until 1924 and couldn’t fully vote until the 1960s and the 1970s. Now, even if Native Americans can legally vote, there are still roadblocks, such as not being able to receive ballots on time or reach a polling site. We must do more to allow Native Americans to vote and mobilize civil society on their reservations. Passing the Native American Voter Rights Act and the Voting Rights Advancement Act will allow for roadblocks to be broken. It would allow Native Americans to finally be able to vote and take part in civil society like any other citizen.

Works Cited

“15th Amendment to the U.S. Constitution: Voting Rights (1870).” National Archives, 7 Sep. 2021, www.archives.gov/milestone-documents/15th-amendment.

Astor, Maggie. “For the Navajo Nation, ‘Everything Takes Time,’ Including Voting.” New York Times, 15 Oct. 2020, ProQuest, login.dist.lib.usu.edu/login?url=https://www.proquest.com/newspapers/navajo-nation-everything-takes-time-including/docview/2451156305/se-2?accountid=14761.

Ferguson-Bohnee, Patty. “THE HISTORY OF INDIAN VOTING RIGHTS IN ARIZONA: Overcoming Decades of Voter Suppression.” Arizona State Law Journal, vol. 47, no. 4, Winter 2015, pp. 1099–144. EBSCOhost, search-ebscohost-com.dist.lib.usu.edu/login.aspx?direct=true&db=asn&AN=117872989&site=ehost-live.

Hedgpeth, Dana. “‘Jim Crow, Indian Style’: How Native Americans Were Denied the Right to Vote for Decades.” Washington Post, 1 Nov. 2020, www.washingtonpost.com/history/2020/11/01/native-americans-right-to-vote-history/.

“H.R.5008 – 117th Congress (2021-2022): Frank Harrison, Elizabeth Peratrovich, and Miguel Trujillo Native American Voting Rights Act of 2021.” Congress.gov, Library of Congress, 13 August 2021, www.congress.gov/bill/117th-congress/house-bill/5008.

“Native American Voting Rights Act (NAVRA) as Part of the VRAA.” Native American Rights Fund, vote.narf.org/native-american-voting-rights-act-navra/.

Sanchez, Gabriel R. “What Might We Expect from Native American Voters in the Upcoming 2022 Election?” Brookings, 16 Dec. 2021, www.brookings.edu/blog/how-we-rise/2021/12/16/what-we-might-expect-from-native-american-voters-in-the-upcoming-2022-election/.

“Securing Indian Voting Rights.” Harvard Law Review, vol. 129, no. 6, Apr. 2016, pp. 1731–54. EBSCOhost, search-ebscohost-com.dist.lib.usu.edu/login.aspx?direct=true&db=asn&AN=114517103&site=ehost-live.

“USPS – Display Post Offices by State.” USPS, webpmt.usps.gov/pmt011.cfm?stat_state_name=NEW%20JERSEY. Accessed 1 May 2022.

“Voting Rights Act (1965).” National Archives, 6 Oct. 2021, www.archives.gov/milestone-documents/voting-rights-act.

Woodward, Alex. “Tribes Sue North Dakota Gerrymandering ‘Designed to Stifle Native American Votes.’” The Independent, 21 Feb. 2022, www.independent.co.uk/news/world/americas/us-politics/native-america-north-dakota-gerrymandering-b2020071.html.