Category Archives: Native Vote

ILC 2024-2025 Reflection

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During the 2024-2025 academic year, five student attorneys dedicated nearly 1,800 hours to the Indian Legal Clinic (ILC) at ASU Law. Under the leadership of Patty Ferguson-Bohnee, director and Charles M. Brewer professor of trial advocacy at ASU Law, the ILC collectively managed 35 cases spanning Tribal, state and federal law.

Third-year law students Garrett Bryan, Shandiin Herrera, Imani Hicks, Morgan Oakes and Sadie Red Eagle served as student attorneys and represented clients in a wide range of matters. Their work included cases involving voting rights, criminal defense, federal recognition and the restoration of civil rights — such as the right to vote — for disenfranchised individuals.

In addition to casework, ILC students developed practical skills through class simulations designed to build analytical and trial advocacy abilities. These exercises culminated in a full Tribal court civil mock trial, helping prepare students to become effective advocates for their future careers.

As part of ILC’s Arizona Native Vote Election Protection, student attorneys focused on the 2024 election cycle.

In the fall semester, ILC students appeared regularly in Tribal courts. Student attorneys defended clients in Ak-Chin Indian Community Tribal Court. Bryan appeared twice in Traffic Court on behalf of the Gila River Indian Community to prosecute civil traffic violations.

ILC also contributed changes to federal regulations governing the acknowledgment process, which now allows previously denied Tribes a limited opportunity to reapply for federal recognition. The new rule, effective February 14, 2025, follows court decisions that deemed the previous ban on re-petitioning unfair. The ILC submitted comments emphasizing fairness and the importance of recognition for Tribal sovereignty and cultural survival — comments that were cited in the final rule.

“I am very thankful for the opportunity to work with real clients in a real court,” said Herrera. “The opportunity to practice in a courtroom while in law school was so critical to my education. Through the clinic, I was able to practice litigation skills through in-class simulations and then apply my improved skills in the courtroom. This approach fosters growth and confidence. What is unfamiliar, like addressing a judge, questioning a witness, and filing pleadings, begins to feel routine.”

Additionally, the ILC continued its Estate Planning course taught by Professor Helen Burtis (’07) and hosted four clinics serving Tribal communities across Arizona and California.

In April, second-year law student Hunter Mallinger and Ferguson-Bohnee presented to the ABA Civil Rights and Social Justice section. In the Rapid Response on Native Americans & Birthright Citizenship, they discussed the legal and civil rights implications of Executive Order 14160, which targets birthright citizenship, and its impact on Native Americans. The conversation explored the history and legal foundations of Native American citizenship, dispelled misconceptions, and highlighted current threats from immigration enforcement, offering valuable insights for affected Native Americans, their communities, advocates and legal professionals.

Learn more about the Indian Legal Clinic’s
2024–2025 community impact:

Native Vote 2024-2025 Reflection

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During the 2024–2025 academic year, the Indian Legal Clinic (ILC) at the Sandra Day O’Connor College of Law focused its efforts on the Native Vote Election Protection Project, ensuring Arizona’s Native voters were informed, supported and empowered throughout the state and federal election cycle. This year, the ILC welcomed Maya Araujo as the management intern, tasked with tracking and producing the most accurate data on Native voter participation in Arizona.

The 2024 Arizona Native Vote Election Protection Project team included our Indian Legal Clinic third-year law students Garrett Bryan, Shandiin Herrera (co-lead), Imani Hicks, Morgan Oakes and Sadie Red Eagle (co-lead), all working under the supervision of ILC Director Patty Ferguson-Bohnee. They were joined by a dedicated team of advocates running the hotline with Democracy Director Joel Edman, Honore Callingham (’18), Torey Dolan (’19), Jordan Garcia (’23), Blair Tarman-Toner (’20), Alexander Castillo-Nunez from the Inter Tribal Council of Arizona (ITCA) and Araujo. 

In collaboration with partner organizations, the team actively defended Native voting rights across the state. The ILC participated in and drafted four election lawsuits on behalf of the Navajo Nation and Gila River Indian Community. These cases sought to compel Arizona counties to comply with election laws and ensure polling locations remained open in the face of disruptions on Election Day.

The Native Vote Election Protection Project successfully recruited and trained 100 volunteers who were deployed to 63 polling places across nine counties and 11 Tribal reservations. On Election Day, volunteers provided real-time support to voters, addressed legal questions and ensured that Arizona election laws were properly followed. The team fielded over 300 hotline calls and documented 227 incidents — ranging from ballot issues, voter registration issues and polling location equipment malfunctions. Volunteers also collected 35 sworn declarations from voters, which became crucial evidence in same-day litigation against Apache County. The resulting court order extended voting by two hours at affected locations — ensuring that every eligible voter had the opportunity to cast their ballot.

Following the election, the ILC presented its findings and recommendations to multiple stakeholders. The team briefed the Navajo Nation Department of Justice on voter turnout, Election Day litigation, Election Day litigation, polling issues on the Nation and statewide trends.

In January, student co-leads Red Eagle and Herrera joined Katherine Belzowski of the Navajo Nation Department of Justice for a panel titled “Democracy Ambassadors and the Native Vote” at the American Bar Association’s Democracy Task Force for American Democracy Listening Session in Arizona. Moderated by Ferguson-Bohnee, the panel shared firsthand insights from Chinle polling site on Election Day and highlighted failures in Apache County.

In February, ILC was invited to present “Challenges for Native Voters and Voter Turnout” to the Indigenous Peoples Caucus at the Arizona state legislature. Araujo and Herrera joined Ferguson-Bohnee to outline barriers to voting, discuss the Project’s mission, review Native voter data from 2016-2024 and offer recommendations to improve accessibility. Ferguson-Bohnee also presented to the League of Women Voters of Arizona on how identification requirements, voting by mail and polling location access impact tribal communities.

In April, the Law Journal for Social Justice at ASU hosted its Spring Symposium, “Voting Rights and Voter Disenfranchisement in Arizona,” at the Sandra Day O’Connor College of Law. The symposium brought together legal advocates, community organizers and election officials to examine barriers to voting access in Arizona and discuss strategies to reform procedures for future election cycles. Among the featured speakers were Araujo, Ferguson-Bohnee, Herrera and Red Eagle. 

Also in April, ILP student Hunter Mallinger (3L) joined Ferguson-Bohnee in a presentation to the ABA Civil Rights and Social Justice section. During the Rapid Response on Native Americans & Birthright Citizenship, they discussed Executive Order 14160 and its impact on Native Americans. The session explored the legal history of Native American citizenship, dispelled misconceptions, and addressed emerging threats from immigration policy and enforcement. 

In May, ILC’s work was again highlighted during the ITCA Native Vote Convening, where Tribal leaders, election officials, legal scholars and voting-rights advocates reflected on the 2024 election cycle. Herrera and Red Eagle shared the Project’s findings, discussed common issues observed at the polls and offered strategies for improving voter access in Arizona’s Tribal communities.

Through strategic litigation, grassroots organizing and civic education, the Indian Legal Clinic’s Native Vote Election Protection Project continues to play a vital role in protecting the rights of Native voters and promoting a more inclusive and equitable democracy in Arizona.

Job opportunities: Zwillinger Wulkan

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Associate Attorney

Job description:
We are seeking an experienced associate attorney, with 1 to 5+ years of experience in both tribal courts, state courts, and federal courts to assist in civil litigation, criminal, employment, personal injury, complex commercial, business and real estate litigation. The position will entail legal research and the writing of memoranda, motions and pleadings. The associate will also attend court conferences, participate in discovery-related activities and investigations, as well as other tasks required in a busy and diverse practice.

We place an emphasis on excellent written and verbal communication skills, as well as attention to detail.

Pay:
The salary depends on experience. Benefits are available after a qualifying period.
Qualified candidates must be, and remain, licensed to practice law in Arizona courts. Must also be able to become licensed to practice in various tribal courts.

Duties
– Conduct legal research on various legal issues
– Draft legal documents such as pleadings, motions, briefs, and contracts
– Assist in case preparation for trials and hearings
– Communicate with clients, witnesses, and other attorneys
– Attend court proceedings and depositions as needed

Junior Paralegal

Job description
Seeking a full-time Junior Paralegal to join our busy, fast-paced law firm in Phoenix, AZ. The ideal candidate has tribal court, civil litigation, criminal, probate, or collections experience and has excellent communication and organizational skills.
As a Junior Paralegal, you will be responsible for a variety of assignments, such as: state and federal court filings, tribal court filings, docketing, preparing correspondence to clients and third-parties, word processing, and other administrative support matters.

Annual Salary: $50,000 -$60,000 depending on experience.

Qualifications required:

  • 2+ year of experience;
  • Professional demeanor;
  • Strong communication and problem-solving skills;
  • High level of discretion and confidentiality;
  • Ability to interact effectively with people at all organizational levels;
  • Ability to work in a team environment with a customer service focus;
  • Thorough knowledge of PC applications, including MS Office.

Expected hours: 40 per week, Monday to Friday

See full job description and apply: https://www.zwfirm.com/careers

Standing strong: The fight for fair Native voting rights

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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. 

Native Vote receives Unsung Heroes of Democracy Award

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The Arizona Native Vote Election Protection Project has been chosen by the American Bar Association Task Force for American Democracy to receive the Unsung Heroes of Democracy Award. 

This prestigious award honors individuals and organizations dedicated to safeguarding our elections and upholding the democratic principles outlined in the U.S. Constitution.

Congratulations on this well-deserved recognition!

2023-2024 Native Vote recap

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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

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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

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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

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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

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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.