Native Vote 2024-2025 Reflection

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 ten 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.

Student-led analysis on key Tribal tax challenges

On April 4, ASU Law hosted a well-attended, student-led hybrid event titled “Sales Tax and Online Sales Tax Issues in Indian Country.” The program featured Derrick Beetso, Professor of Practice and Director of the Indian Gaming and Tribal Self-Governance Programs at ASU Law, and Patrick Irvine, Adjunct Professor and attorney at Fennemore Craig, who collaborated with law students Mikaela Bledsoe Downes (2L), Imani Hicks (3L), Hunter Mallinger (2L), Morgan Oakes (3L) and Sam Phillips (2L). Together, they examined two critical tax issues affecting Indian Country and presented a white paper on: 1) dual taxation and its impact on Tribes and 2) online sales tax and its interplay with bedrock Indian law principles

These discussions underscored the far-reaching implications of these issues for tribal sovereignty, economic development and self-governance. We thank everyone who attended and contributed to critical conversations on tribal tax issues and sovereignty.

Missed the event? Review the recording and white paper.

Seeking volunteers to judge Moot Court practices

Eight ILP students will be competing in the 33rd National Native American Law Students Association (NNALSA) Moot Court Competition on February 14-15, 2025, hosted by the William S. Boyd School of Law at University of Nevada, Las Vegas. Wish luck to our ASU Law competitors: Jerimy Billy (2L), Colten Fredericks (2L), Shandiin Herrera (3L), Hunter Mallinger (2L), Angel Nosie (2L), Justice Oglesby (2L), Sadie Red Eagle (3L) and Monique Tsosie (2L)! The four teams this year are coached by Patty Ferguson-Bohnee, director of the Indian Legal Clinic Director .

We need your help judging their practice sessions! If you can volunteer, sign up today.

All practice rounds will be held at the the Sandra Day O’Connor College of Law:
111 E Taylor Street, Phoenix, AZ 85004

Moot Court Practice Schedule:
Monday: 12-1:30pm
Tuesday: 5:30-7pm
Wednesday: 12-1:30pm
Thursday: 5:30-7pm

MLS students receive scholarship

The Indian Gaming and Tribal Self-Governance Programs are pleased to announce the Master of Legal Studies scholarship winners for the Spring 2025 semester. Congratulations to MLS students Alison Garcia, Erica Green, Mishani Jack-Gonzalez and Savana Saubel!

The students all thanked the Yuhaaviatam of San Manuel Nation, which was exemplified by Jack-Gonzalez, who wrote, “I am honored to receive this support, and I appreciate your generosity. This scholarship has helped relieve some of the burden that comes along with a full-time work schedule and a full-time school schedule. It really motivated me to continue doing my best and even strive for more.”

We also thank the San Manuel Band of Mission Indians for their support, which allows us to offer this scholarship and supports the students’ goals of understanding legal issues and positively impacting Tribal interests.

Empowering the next generation

On Nov. 19, ILP students had the honor of visiting the Honorable Diane Humetewa (’93), a federal judge in the U.S. District Court for the District of Arizona, at the Sandra Day O’Connor Courthouse. A member of the Hopi Tribe, Judge Humetewa made history in 2014 as the first Native American woman to serve on the federal bench.

During this inspiring visit, students gained insight into Judge Humetewa’s journey through law school, her distinguished legal career, her dedication to public service advocacy and her steadfast commitment to fostering inclusion and diversity in the legal profession.

“I was fascinated by her career path and the life experiences that led her to the federal bench,” shared Mallory Feather, a first-year student. “What really stood out to me was how approachable and humble Judge Humetewa is.”

The visit included a guided tour of Judge Humetewa’s courtroom and chambers, where she graciously answered questions, listened intently and made each student feel valued. Her openness and authenticity left a profound impression on everyone in attendance.

“Judge Humetewa’s advice to ‘just go for it’ and embrace new opportunities really resonated with me,” said Feather. “Meeting her during such a busy time in the school year was a refreshing reminder to step back from the stress and focus on why I’m in law school: to pursue my passions and fight for the greater good.”

A historic journey

ILP students at the forefront of leadership and reconciliation

The Indian Legal Program (ILP) faculty, staff and students had the honor of attending a Welcome Reception on Oct. 24, hosted by Governor Stephen Lewis and the Gila River Indian Community. The event featured U.S. Interior Secretary Deb Haaland as the special guest. During the reception, students had the incredible opportunity to meet Secretary Haaland, Assistant Secretary Bryan Newland and Minnesota Lieutenant Governor Peggy Flanagan.

The following day, Oct. 25, ILP students were invited to witness a historic moment: President Biden’s public apology to Native Americans on behalf of the federal government’s role in the Indian Boarding School system. This profound event took place on the tribal lands of the Gila River Indian Community. It was a remarkable opportunity for ILP students to be part of a pivotal moment in history, fostering healing and awareness for generations to come.

Standing strong: The fight for fair Native voting rights

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.”

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. 

From Campus to Capitol: ILP Traveling Class

Earlier this month, 11 driven law students – 10 juris doctor and one master of legal studies – traded in their fall break for a transformative experience in Washington, D.C., as part of the “Federal Advocacy for the Tribal Client” traveling class. Hosted at the Barrett & O’Connor Washington Center and led by Derrick Beetso (’10), professor of practice and executive director of the Indian Gaming and Tribal Self-Governance program, the week-long course provided an exclusive opportunity to gain real-world insights into federal advocacy for Tribal Nations. From learning legal strategies to experiencing policy in action, these students embraced a powerful week of growth and discovery in the heart of the nation’s capital. 

Students met with the Senate Committee on Indian Affairs; Assistant Secretary-Indian Affairs Bryan Newland; Senior Advisor to the Secretary Heidi Todacheene; and Deputy Solicitor for Indian Affairs Joel West Williams. They also spent time discussing advocacy with the Native American Rights Fund, the National Congress of American Indians, the Navajo Nation’s Washington Office and attorneys Sam Hirsch and Andrew DeGuglielmo of Jenner & Block LLP. And finally, the students were able to hear from ILP alums working in D.C. about their career paths and their approach to working in the nation’s capital. 

Many special thanks to ILP alums Stephanie Sfiridis (’16), Darren Pete (’00), Rebecca Ross (’10), Rani Williams (’18) and Ann Marie Bledsoe Downes (’94).

Five MLS students receive scholarships

The Indian Gaming and Tribal Self-Governance Programs are pleased to announce the Master of Legal Studies scholarship winners for Fall 2024. Congratulations to Evalena Boone, Joseph Bryant, Talitha Ann Rose, Sandi Wilson and Thomas Yazzie

We also thank the San Manuel Band of Mission Indians for their support, which allows us to offer this scholarship and supports the students’ goals of understanding legal issues and positively impacting Tribal interests.

INSPIRE at ASU Law

On June 19, 73 Native American high school students representing 22 Tribal Nations participated in the INSPIRE program and visited the law school to learn about the Native American Pathway to Law Initiative. ASU’s Office of American Indian Initiatives hosts the INSPIRE program annually, a week-long college readiness initiative for Native American high school students from various Arizona Tribes. Kate Rosier, ILP executive director, and Crispin South, second-year law student and president of ASU’s Native American Law Students Association, delivered presentations and facilitated mock trials where students argued their positions in the cases. Patty Ferguson-Bohnee, director of the Indian Legal Clinic, and Danielle Williams, communications specialist,  distributed promotional items to the students.

We express out gratitude to the Office of American Indian Initiatives for continuing to provide this enriching experience.