Blumenthal Holds Hearing on Protecting Native American & Alaska Native Voting Rights

[WASHINGTON, D.C.] – U.S. Senator Richard Blumenthal (D-CT), Chairman of the Senate Judiciary Subcommittee on the Constitution, convened a hearing yesterday titled “Restoring the Voting Rights Act: Protecting the Native American and Alaska Native Vote.” This was the third hearing Blumenthal has chaired on efforts to protect voting rights over the last several months, and included testimony from tribal leaders and legal experts on obstacles and discrimination faced by Native American and Alaska Native voters.

In his opening remarks, Blumenthal noted how Native voters have been, “systematically and purposefully denied participation in the franchise over the history of our country.” Blumenthal cited discriminatory laws from the early 20^th century that prevented Native American voters from voting as long as they, “maintain tribal relations”, as well as current laws imposing arbitrary limits on the number of voter registration applications that can be obtained or returned by tribes, geographic isolation, the refusal of tribal identification cards as acceptable forms of voter ID, and the lack of traditional mailing addresses.

“Added to issues like the prevalence of homelessness and housing insecurity, depressed socioeconomic conditions, inadequate resources and funding, and redistricting practices designed to marginalize Native voters along with voter purges and other significant obstacles, the result was and has been systematic denial of rights to vote.”

Earlier this month, Blumenthal joined 47 of his Senate colleagues in introducing the John R. Lewis Voting Rights Advancement Act, which incorporates the Native American Voting Rights Act.

Jonathan Nez, President of the Navajo Nation, testified about the unique barriers faced by Native communities such as geographic isolation, lack of transportation, language barriers, nontraditional mailing addresses, and a general lack of resources:

“The past few elections, especially when it’s in November, we get some severe weather, muddy roads, we got snow, rain, and people have a hard time getting to their polling locations because of the lack of infrastructure on the Navajo Nation…We had to take the state of Arizona and also the counties to court so that they could offer, provide the Navajo language at the polling sites, and we also wanted to make sure that there was more of an opportunity for citizens to cast their ballots.”

Discriminatory Voter ID Laws

During yesterday’s hearing, Blumenthal cited cases where some states regard tribal identification as less reliable or verifiable than another form of government ID required when voting. Nez discussed the challenges that members of the Navajo community have faced with discriminatory voter ID laws.

“I think as a sovereign nation, a tribal ID should be just as equal as any other ID in this country,” said Nez. “Again with these laws being passed, they’re saying that tribal ID’s, utilizing that at the polling places are invalid when we as a sovereign nation know best. And we do know who are tribal citizens because they verify their lineage… they’re in our communities so it should be just as valid as a driver’s license or any other ID…That infringes on their right to cast a ballot.”

“To somehow regard a tribal identification as second-class or less reliable I think again is really offensive to the great Native Americans who were the original residents of this country,” Blumenthal responded.

Unsubstantiated Claims of Voter Fraud and Ballot “Harvesting”

Blumenthal also heard from Jacqueline De León, Staff Attorney for the Native American Rights Fund, about misleading and false claims of voter fraud occurring from ballot collection, often referred to as, “ballot harvesting” within Native communities.

“I think it’s so important in this day and age to recognize there’s ongoing present day racial discrimination that’s occurring against Native Americans,” said De León. “Ballot collection is necessary because of the structural deficiencies that we’ve been talking about today.”

Noting that some Native Americans and Alaska Natives live dozens or even hundreds of miles from a post office and often lack access to reliable transportation, De León said members of Native communities can rely on neighbors or friends to pick up and drop off mail for them. During election season, organizations will also travel to reservations to collect ballots from those who may be financially unable to make the round trip to the nearest post office or election site.  

“It’s done in order to overcome those structural barriers. If we solve those structural barriers, then we can have a conversation about fraud. Fraud which, I would note, not only is nonexistent but in the cases of ballot collection, already is prosecuted under existing laws if it so occurs,” said De León.

Blumenthal asked Nicole Borromeo, Executive Vice President and General Counsel of the Alaska Federation of Natives, about accusations that ballot collection leads to voter fraud, which she described as, “a non-issue really for us right now in Alaska.”

Blumenthal: “You don’t know of ballot collection leading to voter fraud?”

Borromeo: “I don’t know that, no Mr. Chairman.”

Blumenthal: “No massive voter fraud resulting from ballot collection in your experience?”

Borromeo: “Not to the best of my knowledge.”

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