Standing strong: The fight for fair Native voting rights

Posted on November 21, 2024 by dwilliams

On Election Day, Indian Legal Clinic Director Patty Ferguson-Bohnee and Navajo Nation Attorney General Ethel Branch filed a lawsuit on behalf of the Navajo Nation against Apache County officials for violating Tribal members’ fundamental right to vote, and other crucial rights guaranteed by federal and state law. Torey Dolan (’19) helped run the Arizona Native Vote hotline and submitted her declaration to support the lawsuit.

Apache County officials failed to comply with essential voting requirements, including opening polling locations on time, providing correctly printed ballots, maintaining adequate ballot supplies and long lines with wait times up to 2-3 hours – denying many Navajo voters the opportunity to vote. A voter reported to the Arizona Native Vote Hotline that elders left because standing in the 40-degree weather for extended periods was too much hardship.

Third-year law students Shandiin Herrera and Sadie Red Eagle, in the field at voting locations in Apache County, were quoted in Cronkite News article “Voters in Navajo Nation face polling issues on Election Day; Apache County extends voting hours.” Candace French (’17), an attorney voting in Window Rock, was nearly turned away when she presented her Tribal ID at an Apache County polling site. Dolan was also interviewed by azcentral, detailing the issues reported to the Arizona Native Vote hotline.

“It’s a huge issue to be precinct-based, especially in rural parts of the county, and especially on tribal lands, because as we saw today, there’s just so much confusion. And so people don’t have gas money, they don’t have the time, they have to go back to work. And so if it was in the vote-center system, they could just go to any polling location and cast a standard ballot.”

Shandiin Herrera (Navajo Nation) Third-year law student and co-lead

Many Navajo voters attempted to vote but were unable to due to Apache County’s many systemic failings. The Navajo Nation successfully secured a court order to extend voting hours at nine polling sites where Arizona Native Vote Election Protection Project volunteers observed these issues, as well as the locations where Navajo voters reported significant issues to the Arizona Native Vote Hotline. Herrera and Red Eagle defended voters’ rights to the extended voting hours against uninformed poll workers and police presence.

In an ASU News article, Herrera highlighted the extensive current voting barriers Native Americans face in rural communities.

We extend our deepest gratitude to all volunteers, advocates, allies and partners who served as Native Vote Protectors, working tirelessly to amplify Native voting power! This year, over 100 dedicated volunteers served as Native Vote Protectors, assisting voters across multiple polling locations in 12 Tribal communities: the Ak-Chin Indian Community, the Fort McDowell Yavapai Nation, the Fort Mohave Tribe, the Gila River Indian Community, the Hopi Tribe, the Navajo Nation, the Pascua Yaqui Tribe, the Salt River Pima-Maricopa Indian Community, the San Carlos Apache Tribe, the Tohono O’odham Nation, the Yavapai-Apache Nation, and the White Mountain Apache Tribe. Thanks to your efforts, we were able to support voters both through the hotline and on the ground, addressing issues and ensuring that Native voters could exercise their fundamental right to cast their ballots.

This year’s Arizona Native Vote Election Protection Project mighty team includes our Indian Legal Clinic third-year law students Garrett Bryan, Shandiin Herrera (co-lead), Imani Hicks, Morgan Oakes and Sadie Red Eagle (co-lead), under the supervision of Director Patty Ferguson-Bohnee, who ran the hotline with Democracy Director Joel Edman, Maya Araujo, Honore Callingham (’18), Torey Dolan (’19), Jordan Garcia (’23), Blair Tarman-Toner (’20) and Alexander Castillo-Nunez from the Inter Tribal Council of Arizona.

2023-2024 Native Vote recap

Posted on June 5, 2024 by dwilliams

This year, Arizona Native Vote Election Protect Project prepped for the 2024 Elections. ILC students worked on many different voting rights and election issues: ballot collection, election protection, voter access, tribal authority and collecting spatial data used in our polling locator tool.

During the ABA Annual Meeting, Indian Legal Clinic Director Patty Ferguson-Bohnee led a discussion Perfecting Democracy: Pro Bono Opportunities and the State of Native American Voting Rights to encourage lawyers to volunteer during the 2024 election cycle. Ferguson-Bohnee and the new ILC Democracy Director Joel Edman participated in the Native American Voting Rights Coalition meeting in Washington, D.C., where Ferguson-Bohnee presented on case updates. The Indian Legal Clinic Native Vote Election Protection Team also submitted comments to the Arizona Secretary of State regarding Tribal provisions in the Election Procedures Manual, which was mentioned in The Arizona Republic article “Arizona Elections Procedures Manual criticized by Dems, GOP.”

On Sept. 19, ILC student attorneys celebrated National Voter Registration Day providing voter registration services to the ASU community at both the law school and the downtown ASU American Indian Student Support Services office.

In October, the ILC co-sponsored a convening focused on partnerships between Tribes and County elections officials, many of whom are were in their roles going into 2024. Ferguson-Bohnee provided an overview of tribal voting statistics and barriers documented in recent elections by Arizona Native Vote. ILC student attorneys Maryam Gary Nez (3L), and Natalia Sells (3L) and Edman helped the facilitation team to keep notes during regional breakout sessions. Our Arizona Native Vote team met with Secretary of State Adrian Fontes, as well as Pima County Recorder Gabriella Cázares-Kelly, member of the Tohono O’Odham Nation, who shared her experiences as an elected official.

Governor Katie Hobbs approved a new Election Procedures Manual (EPM) on Dec. 29, 2023. The ILC provided analysis and recommendations to Tribal leaders throughout the EPM process. Successful advocacy from Tribal leadership led to new, robust EPM policies regarding Tribal consultation and language assistance, as well as guidance on poll worker training related to key issues impacting Native voters. At the January Native Vote Strategy Session, Ferguson-Bohnee updated Tribal leaders on the EPM and Edman gave a legislative update.

During Spring Break, the ILC welcomed Professor Marcy Karin from the University of the District of Columbia (UDC) School of Law, along with her law students to gain insights into the voting landscape within Indian Country in Arizona. Additionally, they contributed to updating voting data presentations tailored to specific tribes in the state.

For Presidential Preference Election Day, the Arizona Native Vote Election Protection Project set up its command center in the ASU Indian Legal Clinic. Ferguson-Bohnee, Edman and student attorneys Keely Driscoll (2L), Samir Grover (3L), Clayton Kinsey (3L), Natalia Sells (3L), Alexandra Trousdale (3L) and Chelsi Tsosie (3L) were joined by Project partners to assist Native voters.

Preparing for 2024 election

Native Vote is now gearing up for the July primary and November general elections. We continue to share legislative updates and present on other voting-related topics during monthly Native Vote Strategy Sessions.

Arizona Native Vote Election Protect Project is calling for volunteers for Election Day, November 5, 2024.

Assisting Native voters on Preference Presidential Election day

Posted on March 30, 2024 by dwilliams

On March 19, the Arizona Native Vote Election Protection Project set up its command center in the ASU Indian Legal Clinic. Director Patty Ferguson-Bohnee, Democracy Director Joel Edman and student attorneys Keely Driscoll (2L), Samir Grover (3L), Clayton Kinsey (3L), Natalia Sells (3L), Alexandra Trousdale (3L) and Chelsi Tsosie (3L) were joined by Project partners to help Native voters on Preference Presidential Election day.

The Arizona Native Vote Election Protection hotline was fully staffed and we appreciate our partners from All Voting Is Local, Inter Tribal Council of Arizona, Arizona Faith Network and League of Women Voters for the continued support.

We are also updating the polling locator tool. Most Arizona counties make changes to their precinct lines and/or voting locations between elections. Tsosie has obtained the new precinct shape files, allowing the tool to be updated for the 2024 election.

Edman recently provided an update on the use of vote centers vs. precinct-based polling places across Arizona. Besides determining precinct boundaries, Arizona counties also have the power to decide whether to offer precinct-based voting or vote centers. This decision point is critical to determining whether a ballot will be counted. At vote centers, any voter in the county can cast a ballot and have that ballot counted. Under Arizona’s precinct-based voting system, if a voter casts a ballot out of precinct, the whole ballot is discarded.

The newly updated Election Procedures Manual, in effect beginning December 30, 2023, includes a requirement that counties using precinct-based polling places must offer out-of-precinct voters the opportunity to vote their correct ballot using an accessible voting device. This is a big win!

Harnessing data, elevating Native Vote

Posted on March 2, 2024 by dwilliams

Over spring break, the Indian Legal Clinic welcomed Professor Marcy Karin from the University of the District of Columbia (UDC) School of Law, along with her students. Engaging in an enlightening session, the students gained insights into the voting landscape within Indian Country in Arizona. Additionally, they actively contributed to updating voting data presentations tailored to specific tribes in the state. These updated presentations will play a pivotal role in shaping forthcoming initiatives aimed at boosting voter turnout.

Native Vote update

Posted on February 19, 2024 by dwilliams

We are celebrating major wins for Native communities in the final Election Procedures Manual (“EPM”) approved by Gov. Katie Hobbs on Dec. 29, 2023. The Indian Legal Clinic provided analysis and recommendations to Tribal leaders throughout this year’s EPM process, and as a result, leaders were successful in advocating for robust Tribal consultation and language assistance policies, as well as guidance on poll worker training related to key issues impacting Native voters. Professor Patty Ferguson-Bohnee provided an EPM update to Tribal leaders at the January Native Vote Strategy Session, and Democracy Director Joel Edman gave a legislative update.

2023 Native Vote recap

Posted on June 6, 2023 by dwilliams

The Arizona Native Vote Election Protection Project (the Project), as part of its work with ASU Law’s Indian Legal Clinic (ILC), focused on preparing for the 2022 midterm elections. ILC Director and Clinical Professor of Law Patty Ferguson-Bohnee and Native Vote Fellows Torey Dolan (’19), Blair Tarman-Toner (’21) and student attorneys worked on several issues: legislative tracking, community outreach, revisions to the Elections Procedures Manual, litigation and election protection.

Outreach

The ILC coordinated with Tribes, counties and voting rights organizations leading up to the 2022 elections. The Inter Tribal Council of Arizona (ITCA) hosted monthly strategy sessions bringing together these stakeholders to talk about ongoing democracy issues in Arizona. The Project regularly presented at these meetings on issues of proposed legislation, litigation, election results and data on voter engagement and access in Arizona Tribal communities.

Fellows Tarman-Toner and Dolan were active participants in other community coalitions including the Arizona Voting Rights Coalition, the Native American Voting Rights Coalition, the Arizona Election Advocacy Group, and Election Protection Arizona.

In March 2023, Ferguson-Bohnee was appointed by Governor Katie Hobbs to serve on the Governor’s Bipartisan Elections Task Force. The task force was created pursuant to Executive Order 2023-03 with the task of studying and making recommendations to strengthen election laws, policies, and procedures in the state of Arizona.

On April 17, Ferguson-Bohnee presented at the Federal Bar Association’s Indian Law Conference on the state of Native American Voting Rights. Ferguson-Bohnee spoke about the recent legislation passed in Arizona impacting voting rights, ongoing litigation and the Arizona Native Vote Election Protection Project’s 2022 program.

Litigation

ILC Director Patty Ferguson-Bohnee, Dolan, and Tarman-Toner responded to reports of a polling location in rural Pinal County that opened nearly four hours late on Election Day during the primaries. The ILC, along with the Lawyers’ Committee, filed a complaint and application for temporary restraining order on behalf of the Arizona Democracy Resource Center and Rural Arizona Engagement. The complaint sought declaratory and injunctive relief requesting that Pinal County extend the hours of operation in light of the delayed opening. Despite acknowledging the violation of law by failing to open for four hours thereby denying equal voting time for the voters in that precinct, the County failed to act. While the Court recognized that the harm was not de minimis, the Court failed to grant any relief. During the General Election, Arizona Native Vote Election Protection volunteers reported polling locations in Apache County that failed to open on time on Election Day. The ILC worked with the ACLU and Navajo Nation to file a complaint and application for temporary restraining order on behalf of the Navajo Nation, and the Court extended the time for the polling locations in Apache County to remain open.

Midterm Election

The Arizona Native Vote Election Protection Project – Ferguson-Bohnee, Dolan, Tarman-Toner and ILC student attorneys Chad Edwards (3L), Brittany Habbart (3L), Michael LaValley (3L), Mallory Moore (3L), and Ruben Zendejas (3L), Autumn Shone (3L) and its partners – operated its Native Vote Election Protection Hotline throughout the early voting period and on Election Day during the 2022 Primary and General elections. In addition to operating the hotline for the General Election, the Project had 66 Election Protection Volunteers stationed at multiple polling locations across 9 Tribal communities. Review more in the ILP blog post: Your vote, your voice.

ILC student attorneys Moore and Shone led and conducted two training sessions for volunteers. After completing her final semester, Moore enjoyed working with the Project. “It was honestly one of the most difficult, time consuming, and rewarding things I have done in law school,” said she said. “I am so grateful to have had this opportunity because I feel like it was a great way to learn and grow as a person.”

“Thank you to Torey Dolan and Blair Tarman-Toner for answering every silly question I had about Native Vote and NNALSA Moot Court,” said Shone.

2023 Elections Procedures Manual

The Arizona Native Vote Election Protection Project joined its voting partners to prepare comments, analysis and recommendations to the Secretary of State’s office on the proposed Election Procedures Manual (EPM). The EPM is a comprehensive source of law on the administration of state and federal elections in Arizona. The Project commented on the 2021 proposed EPM drafted by then Secretary of State Katie Hobbs and is similarly preparing comments for now Secretary of State Adrian Fontes.

Planning for 2024

During the Spring 2023 Semester, the ILC, including Student Attorney Kristina Major (2L) began to focus on planning for the 2024 Election Cycle. The Clinic will continue to work with its partners throughout the summer to plan for the next election cycle.

Your vote, your voice

Posted on November 16, 2022 by dwilliams

2022 is another year that has seen Arizona Native voters and their rights disproportionally challenged on the ballot. “Native advocates say voter ID rules in Proposition 309 could disenfranchise Arizona Indigenous voters,” said Native Vote fellow Torey Dolan (’19) in her interview with the AZ Central. The article discusses the impact that Proposition 309 will have on Tribal communities if passed. Proposition 309 would limit the forms of identification that are acceptable for in-person voting and would eliminate many forms of Tribal identification that voters currently rely on.

Despite this ballot measure and redistricting issues, the Indian Legal Clinic’s Native Vote Election Protection team organized and strategized with its partners to remain steadfast leading up to Election Day. Dolan presented at the Tribal leaders meeting hosted by the Inter Tribal Council of Arizona and discussed the propositions’ impacts on Tribal communities and Native voters.

Indian Legal Clinic student attorneys Mallory Moore (3L) and Autumn Shone (3L) led and conducted two trainings for volunteers.

This year, 66 volunteers served as Election Protectors stationed at multiple polling locations to assist voters at 9 Tribal communities: the Ak-Chin Indian Community, the Fort McDowell Yavapai Nation, the Gila River Indian Community, the Navajo Nation, the Pascua Yaqui Tribe, the Salt River Pima-Maricopa Indian Community, the San Carlos Apache Tribe, the Tohono O’odham Nation and the White Mountain Apache Tribe.

On Election Day, the Native Vote team worked with the Navajo Nation to assist in emergency litigation due to delays in the opening of a polling location in Many Farms, Arizona. Katherine Belzowski, an attorney with the Navajo Nation Department of Justice Economic and Community Development Unit, said “The Indian Legal Clinic was instrumental to the Navajo Nation’s success in the 2022 Election. ILC worked with the Navajo Department of Justice (NDOJ) to monitor state polling locations across the Nation. With ILC’s assistance NDOJ was able to timely investigate and respond every concern submitted to the ILC and NDOJ voting hotline.”

Thank you to all volunteers, advocates and allies for serving as Election Protectors and organizing the Native Vote power! With your help, we were able to assist voters through the hotline and in the field, ensuring that Native voters were able to cast ballots free from intimidation and without undue challenges. This year’s ILC Native Vote leadership team includes dedicated ILP Native Vote Fellows Torey Dolan (’19) and Blair Tarman-Toner (’20), student attorney leads Mallory Moore (3L) and Autumn Shone (3L), and student attorneys Chad Edwards (3L), Brittany Habbart (3L), Michael LaValley (3L), and Ruben Zendejas (3L), under the supervision of Professor Patty Ferguson-Bohnee.

Election Protection Volunteers needed

Posted on September 15, 2022 by dwilliams

Are you interested in making a difference in Arizona Native American communities this voting season? If you are interested in volunteering on Election Day, November 8, sign up for one of the volunteer training sessions.

Nov. 1
6-8 p.m.
Room 240
Beus Center for Law and Society, Phoenix, AZ

Nov. 3
12-1:30 p.m.
Online

ILC: 2022 Year in Review

Posted on June 10, 2022 by dwilliams

This year, Professor Helen E. Burtis (’07) helmed the Indian Legal Clinic while Professor Patty Ferguson-Bohnee sharpened her focus on other projects on sabbatical. During the academic year, eleven student attorneys worked over 3600 hours handling 22 cases covering a variety of subjects and venues, including tribal, state, and federal courts. Some of the accomplishments that students realized on behalf of their clients included assisting an elder to officially enroll in her tribe after a lifetime of paperwork complications, creating bylaws for a nonprofit funding youth in the arts, and successfully starting or concluding several appointments of personal representatives in probate cases. Students also researched and recommended options to protect tribal land, to recover expenses for services not performed, and to recover debts.

This was the first year students were able to appear in tribal courts for criminal cases since the start of the pandemic. While still not at full capacity, seven student attorneys made appearances in tribal courts for both prosecution and defense. For many students, this was their first appearance in court.

The ILC also expanded services for Indian Wills Clinics, forging new partnerships with two tribes while continuing two existing partnerships. In September 2021, 3L student attorneys Jacob Broussard, Liliana Elliot, Lindsay Ficklin, Zaine Ristau and Dwight Witherspoon and Professor Burtis traveled to Winterhaven, California for the third Wills Clinic for the Quechan Indian Tribe and in October, the same team also provided the third Wills Clinic for the Pechanga Band of Luiseño Indians in Temecula, California.

In February 2022, clinic students Gwendolyn Bell (2L), Ryan Maxey (2L), Lena Neuner (2L), Claire Newfeld (2L), Ravynn Nothstine (2L) and David Streamer (3L) and Professor Burtis traveled to Santa Rosa Rancheria, California for the first Wills Clinic for the Tachi Yokut Tribe.

In March, this team remotely provided another first Wills Clinic from ASU Law to the Mashantucket Pequot Tribal Nation in Connecticut.

Overall, student attorneys created estate planning documents including wills, healthcare powers of attorney, and financial powers of attorney for 45 tribal clients during these Wills Clinics.

The ILC Team, including Native Vote Fellows Torey Dolan (’19) and Blair Tarman-Toner (’21) and Professor Ferguson-Bohnee, continues to work with tribes to protect tribal land and resources, uphold tribal sovereignty, advocate for cultural protections, support voting rights, and assist with status clarification of Tribes. Notably, Ferguson-Bohnee successfully argued and won a case before the Ninth Circuit Court of Appeals that found “intratribal disputes are generally nonjusticiable in federal courts.”

Tarman-Toner presented to the National Congress of American Indians’ Federal Recognition Task Force. Her presentation provided updates on Tribes seeking to gain federal recognition through legislative, judicial, and administrative avenues.

____
Honore Callingham (’18)
Law Fellow, Indian Legal Clinic, ASU Law

Danielle Williams
Program Coordinator Sr, Indian Legal Program, ASU Law

ASU ILP’s Native Vote Recap

Posted on June 7, 2022 by dwilliams

This year, Professor Patty Ferguson-Bohnee and Native Vote Fellows Torey Dolan (’19) and Blair Tarman-Toner (’21) worked on a variety of voting rights issues. The goals of the Arizona Native Vote Election Protection Project at ASU Law for this year was to: analyze the 2020 election cycle, track democracy developments in the state legislature and with the Arizona Independent Redistricting Commission, and prepare for the upcoming midterm election.

Mapping & Redistricting
The U.S. Constitution requires states to redraw their congressional and state legislative district boundaries every 10 years following each decennial Census. The goal of redistricting is to protect the constitutional right to “one person, one vote” by ensuring that each district has approximately the same number of people. In Arizona, the Independent Redistricting Commission (IRC) is tasked with redrawing the State’s congressional and state legislative districts.

Why It’s Important for Arizona Native Voters
Ensuring that the redistricting process remains fair is critical for Native American voters in Arizona, as it determines whether voters can elect their candidates of choice into state and federal offices. The redistricting process ultimately determines access to resources as well as a communities’ political representation.

ILC Redistricting Efforts
Tarman-Toner joined the Native Vote team as a Native Vote Fellow and hit the ground running by tracking the Arizona Independent Redistricting Commission as they redrew the State’s congressional and legislative districts. Tarman-Toner tracked the Commission’s deliberations over the course of its fourteen decision-making meetings as well as tracked the public comments made at thirty-two public hearings. The ILC created a redistricting guide, regularly presented to Tribes regarding the redistricting process, and assisted Tribes in drafting public comments. The ILC submitted oral and written testimony regarding compliance with the Voting Rights Act, maintenance of a strong Native American majority-minority district, and respecting reservation boundaries as communities of interest.

Tarman-Toner also created a redistricting summary from the 2021 redistricting cycle to share with Tribes.

Dolan was recently quoted in The Guardian’s article “Redrawn Arizona congressional map drains Native American voting power.”

Litigation
In September 2021, the Pascua Yaqui Tribe reached a settlement with Pima County to restore an in-person early voting location on the reservation. This provides voters living on the reservation an opportunity to vote in-person early, safely, and in their community just as other Arizonans have voted across Pima County for the past four years. The settlement agreement also provides for cooperation on voter registration and outreach. Student attorneys at the time Aspen Miller (’21), Jens Camp (’21) worked with Ferguson-Bohnee and Dolan to prepare for the preliminary injunction hearing in Fall 2020.

In April 2022, ILP legal team defends voting rights in Arizona. ILP advisory council member Judith Dworkin (JD ’86) and Ferguson-Bohnee represented the Inter Tribal Association of Arizona in an amicus brief regarding the constitutionality of early voting. Dolan and Tarman-Toner assisted in drafting the brief.

Testimony and Reports
The Native Vote Election Protection Project actively to protect the rights of Native American voters in Arizona. On October 27, Ferguson-Bohnee testified at the “Voting Matters in Native Communities Hearing” before the Senate Committee on Indian Affairs. Native Vote Fellows Dolan and Tarman helped prepare the testimony that was delivered to the Committee.

Dolan and Tarman-Toner co-authored an article discussing the Native American Voting Rights Act for the Daily Journal.

The team issued its 2018 Native Vote Election Protection Project Report, which details voter issues faced by Tribal voters in the 2018 election.

Legislative Analysis
Throughout the 2022 Legislative Session, Dolan and Tarman-Toner tracked bills impacting the right to vote and identified 142 democracy-related bills in the Arizona State Legislature—72 in the Senate and 70 in the House of Representatives.

Outreach
The ILC coordinated with its voting partners, Tribes, and counties to address issues in anticipation of the 2022 election cycle. As members of the Arizona Native Vote Coalition, the ILC worked with ITCA and All Voting is Local to host and present at monthly Native Vote Strategy Sessions. In addition to strategic planning for 2022, Dolan and Tarman-Toner regularly provided legislative analysis and updates to Tribes at the sessions.

In September 2021, Ferguson-Bohnee emceed the Secretary of State’s first-ever Tribal Nations Conference.

On May 4, the ILC joined the “May the Vote Be With You” event organized by Angela Salazar-Willeford (MLS ’22) and hosted by her tribe Salt River-Maricopa Indian Community and ITCA.