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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFed judge has granted North Dakota Republicans the ability to block Native Americans from voting
https://www.businessinsider.com/judge-grants-north-dakota-gop-block-native-americans-from-voting-2018-11Following Democratic Sen. Heidi Heitkamp's narrow victory in 2012, North Dakota's Republican lawmakers passed a new law requiring voters to present an ID that lists their current residential street address. The measure plainly targeted Native Americans, many of whom live on rural reservations with no street names or residential addresses. Previously, residents could vote with a valid mailing address, allowing rural tribal voters to list their P.O. Box. Now they must provide an ID with their exact residencysomething that many Native Americans don't have and can't get.
For that reason, U.S. District Judge Daniel L. Hovland halted this requirement in April, citing its "discriminatory and burdensome impact on Native Americans." But the 8th U.S. Circuit Court of Appeals reversed that decision in September, and the U.S. Supreme Court declined to reinstate Hovland's ruling. (Justices Ruth Bader Ginsburg and Elena Kagan dissented.) On Tuesday, a group of Native Americans returned to court with a new lawsuit demonstrating that the residential address rule did not merely burden their right to vote; it denied them access to the ballot altogether. Their suit explained how tribal voters simply could not obtain a residential address: The state's mapping systems conflict with each other, as do the state's different residency databases, meaning many voters cannot secure an official address in time for the election.
Despite these roadblocks, Hovland refused to block the law's application to these unlucky voters and their tribe, Spirit Lake. Hovland conceded that their claims gave him "great cause for concern." But he cited the Supreme Court's Purcell principle, which warns lower courts not to alter voting laws shortly before an election due to the risk of voter confusion. In a jab at the 8th Circuit, Hovland noted that the problems highlighted in this lawsuit "were clearly predictable and certain to occur." Yet because early voting has already begunand the election is five days awayHovland concluded that a new injunction "will create as much confusion as it will alleviate."
no_hypocrisy
(46,160 posts)The Civil Rights Act.
greatlaurel
(2,004 posts)nt
Thomas Hurt
(13,903 posts)madeup64
(257 posts)Many on reservations don't have street addresses. They get their mail sent to a central post office box and there's no street addresses and Republicans knew that and that's why they made a street address a requirement and didn't allow post office boxes. Because as they love to say, they hate freedom.
csziggy
(34,137 posts)Since there are no street names or numbers, that would be the most accurate location data available.
stopdiggin
(11,348 posts)does the GPS address actually show a structure? (or is somebody living in their car?) And is the structure an actual legal dwelling? (rather than a tool shed or loafing shed?) And, for obvious legal reasons, can the state effectively mail records or documents to you at this address?
It's a real issue in every jurisdiction (although the lack of physical street names is perhaps somewhat unique to this case) .. and, yes, one side isn't trying real hard to resolve it. Perhaps the Democrats could do a better job of stepping up to the plate .. filling the gap?
SWBTATTReg
(22,156 posts)Also, if the territories are not technically part of the US, then why or how is the federal government and/or state government able to dictate these type of restrictive voting rules? Just curious. And what gets me, why all of a sudden is this a problem now? The Indians have been around for quite some time...why now?
stopdiggin
(11,348 posts)coupled with new VOTING requirements (mostly ushered in by the Rs) And because the STATES are in control of voting processes -- local, state and federal (and have been forever)
SWBTATTReg
(22,156 posts)I thought (and I'm probably wrong), that Indian affairs were regulated by a federal agency (Bureau of Indian Affairs, I'm not sure what federal cabinet it's under), thus the state or local governmental agencies have no authority over Indian affairs. I did some research here a few secs ago, amazing that voting rights for Indians is still up in the air...disgusting. Perhaps with the 2018 efforts to address some of the issues Indians face in voting, perhaps more has been done since then...
Thanks for your feedback, stopdiggin!
+++++++
North Dakota, a state with a sizable Native population, serves as an ominous example. A 2017 voter ID law requires a physical address to vote. North Dakota failed to provide a physical address to many Native Americans. Even when the state did assign an address, this information was often not communicated to the individual, or the person was provided with multiple conflicting addresses. A lawsuit brought by the Native American Rights Fund (NARF) and two North Dakota tribes challenging the law found that some voters with IDs listing an assigned residential address had their absentee ballot applications rejected for having invalid addresses. While many local Native groups and individuals successfully mobilized to overcome these barriers before the 2018 election, the voter ID problem continues in the state.
davekriss
(4,627 posts)The Supreme Court of the United States, on December 12, 2000, stopped the Florida vote count ordered by the states Supreme Court. Seems like a precedent for federal intervention into undemocratic and unfair state voting affairs.
So, although I get your point, this is not exactly true: the STATES are in control of voting processes -- local, state and federal (and have been forever).
However, the tools of the state (federal, states themselves, and localities) are mostly there to further the advantage of the already advantaged amongst us.
When it profits a Republican, intervene; when it profits the rest of us, block intervention by declaring states rights .
IllinoisBirdWatcher
(2,315 posts)I realize California is a more enlightened state, but Carmel has never had street numbers. If you want mail you get a PO Box, just like native Americans do on reservations.
[link:https://www.carmelcalifornia.com/fun-facts-about-carmel.htm|
"Unwilling to see their village become "citified," Carmel's founding fathers rejected the practice house- to-house mail delivery in favor of a central post office. To this day, there are still no addresses, parking meters or street lights, and no sidewalks outside of Carmel's downtown commercial area. Those seeking directions receive hints such as "fifth house on the east side of Torres Street, green trim, driftwood fence" or by the legendary names adorning most houses, such as "Hansel" or "Sea Urchin." It is, by the way, bad luck to change the name on a Carmel cottage."
Demovictory9
(32,472 posts)bluestarone
(17,023 posts)Surely if they get their mail then that is a SUFFICIENT address? (use THAT address)
Ms. Toad
(34,086 posts)a rural route is an added bonus (We were RR#1, Box 63 for the entire time I grew up - but just my name and city would have gotten it to me.)
bluestarone
(17,023 posts)Is it NOT ok for the native Americans in ND?
Ms. Toad
(34,086 posts)under the current voting laws, the address that got mail to me would not have beeen sufficient for anyone (native or not).
You seemed to be suggesting that if it gets the mail there it is good enough. I was merely pointing out that it takes very little for mail to arrive at its destination in rural areas. It is not necessarily the same for voting, since precincts have to be determined based on physical locatio- not on the fact that everyone knows your name (and where you live). I was out where I grew up on New Year's day - and we drove by places where I roamed as a kid - that are still colloquially referred to as the Peters' place (even though 3-4 families have lived there since the Peters did. I'm pretty sure it is the same in ND.
I'm not arguing that it is right (it isn't) - just that mail delivery and voting are not synonymous.
bluestarone
(17,023 posts)I live in ND. and i AM curious that some Non-Natives probably have the same type address that the State is complaining about? I'm thinking that if the Native Americans have receipts or other means of ID then that should be ok? I do have a legal address according to the State requirement. I guess i could check this out a little better.
Ms. Toad
(34,086 posts)the rural roads were all given letters or numbers. That may not have been done on the reservations - since allocating street addresses and house numbers would likely be under the control of the reservation.
Since most native americans in ND on reservations currently have IDs with PO boxes, those addresses get the mail there but don't satisfy the street address requirements for voting.
They've been working on a variety of solutions - but at a significant cost. Native peoples on reservations have to identify where they live and speak to local authorities to find an approximat address (or the tribal authority has to assign addresses), then they each have to get a new ID printed - which raises questions about what IDs will be accepted.
Bottom line - if lack of a physical address occurs within a non-native community, a single entity controls everything to resolve the problem. Within a native community - multiple groups have to work together. So it is more likely to be a barrier to voting within the native communities (and was almost certainly written to target them)
stopdiggin
(11,348 posts)but new ID requirements have become more stringent. Your name, and the name of the town, is not going to work on a driver's license. And a post office box, which many rural residents relied on for years, doesn't work either.
And the states have always been in control of what the requirements for voting were/are. If they decide that everyone must show up with certain forms of ID ....
erronis
(15,328 posts)From IllinoisBirdWathers (https://www.democraticunderground.com/100212884403#post29)
I realize California is a more enlightened state, but Carmel has never had street numbers. If you want mail you get a PO Box, just like native Americans do on reservations.
Didn't Clint Eastwood (empty chair fame) live in Carmel?
Wonder if Orange County, CA doesn't have a bunch of residents who don't give out their real addresses. A majorly (r)epugliCon area.
Duppers
(28,125 posts)Stonepounder
(4,033 posts)They probably have a P.O. Box in town and drive into town to pick up their mail.
When I lived near Clear Lake in Calif that is how we got our mail. I went down to the Post Office and signed up for a P.O. Box which is where my mail was delivered. There was no delivery to where I actually lived.
But the new law here is that while a P.O. Box number used to be a legal address, in order to disenfranchise much of the Native American population (who typically vote Democrat) they decided that a P.O. Box wasn't a legal address for voting.
Bradical79
(4,490 posts)That's the problem, a mailing address was suffeceint before, now it's not. It's in the segment posted. That's how the new law was made to specifically target reservation residents. They just don't have specific street addresses that the state can use.
barbtries
(28,810 posts)and is an appeal possible?
stopdiggin
(11,348 posts)and was overruled. Can't change now because it's too close to voting time (which is another issue). The ruling is being appealed. But -- the fact that you jumped to a "McConnell judge" conclusion is indicative ....
barbtries
(28,810 posts)voter suppression tactics to be allowed by the judges he's been packing the courts with.
LiberalArkie
(15,728 posts)and spend some money on roads, signs and 911 addresses.
We had to go through that several years ago in my county for 911. Had to decide what to call this road that used to be RT 2 Box 173X. Worked fine for the post office, not so good for calling the sheriff or ambulance.
The reservations just have to move into the 20th century a little bit instead of keeping the people living on the reservation captive.
stopdiggin
(11,348 posts)although upstring there was a suggestion that assigning physical addresses was still a state responsibility.
But you're absolutely correct in that it's long past time that LE and EMT people were given SOME damned idea (by the state, the tribe or somebody!) of where they needed to go. There's being rural -- and then there's being stupid!
peoli
(3,111 posts)LiberalArkie
(15,728 posts)But saying that. I can't think of a reservation now that does not have income from the casinos that could put out signs and label roads instead of saying "I live 25 miles down pigtrail road, turn right at the big hold in the right side of the road. Then go about 4 miles down that one until it turns into red clay and I live 3 miles down it" I think calling that house "1 red clay road" would be a lot easier.
lostinhere
(78 posts)I was confused by the last sentence in the quote, "-and the election is five days away-". However, the byline shows that this story was published Nov 1, 2018 (emphasis added).
So, this was published 443 days ago. Does anyone know if any progress has been made on fixing the state's use of two or more mapping systems and residency databases?
csziggy
(34,137 posts)By AMANDA SEITZAugust 21, 2019
<SNIP>
Last October, weeks before the midterm elections, the U.S. Supreme Court responded to an emergency appeal from the tribes by upholding the states voter ID rules.
The Supreme Court made the ruling and everybody was scrambling, said Dan Nelson, the executive director of the Lakota Law Project, which helped the Standing Rock Reservation identify addresses for tribal members and print new IDs that met state requirements.
The 8th Circuit Court of Appeals also upheld state voter ID laws earlier this month in a ruling, spurring the inaccurate statements on social media.
Federally recognized tribes can assign tribal members addresses. The North Dakota Secretary of State also told voters in the largely rural state that they can establish or identify an address for their home by contacting the countys 911 coordinator.
Nelson said nonprofits and tribes still need to work with Native American voters to establish addresses and issue state-recognized IDs so they can vote in 2020 but the timing challenges will not be as difficult.
The Associated Press reported last year that at least dozens of Native Americans were unable to cast ballots because of the new rules but turnout was up in two counties with Native American reservations.
More: https://apnews.com/afs:Content:6949540043
tiredtoo
(2,949 posts)Evolve Dammit
(16,758 posts)The lifetime appointment is ridiculous for anyone to have that much power for so long. I don't care who you are or what party you belong to.
Bayard
(22,128 posts)Why couldn't they just have one named street, let's say, Main Street, and give all the houses a number? Or even use the road that leads to the reservation?
Too simplistic?
Mike Niendorff
(3,462 posts)Well worth the read, but be aware this article is more than a year old now.
MDN