BISMARCK, N.D. – Many Native Americans in North Dakota could find it hard to vote in this year's midterm election after the U.S. Supreme Court decided not to hear a case against the state's restrictive voter ID law.

The 2013 law says qualifying IDs must contain residential street addresses.

However, the U.S. Postal Service doesn't deliver to rural reservations, and many who live there don't have a residential address on their tribal IDs.

Native Americans sued over this law in 2016.

Attorney Matthew Campbell with the Native American Rights Fund says the state has acknowledged that tribal members and others in the state lack residential addresses, which is why lawmakers from both parties voted down a similar provision in the past.

"So in 2011, they rejected that type of ID law,” he relates. “It wasn't until 2012 that Sen. (Heidi) Heitkamp won on the Native American vote, that they came back and passed the most restrictive voter ID law in the nation."

Heitkamp won her seat by fewer than 3,000 votes in 2012. The more stringent voter ID law passed the following year, but was blocked by a federal district court in 2016.

The legislature changed the law after the 2016 challenge, but it was again blocked this year because of its "discriminatory and burdensome impact on Native Americans," according to a district court judge.

Last month, the 8th Circuit Court of Appeals reversed this decision, putting the street address requirement back in place for this year's midterm election.

The Native American Rights Fund's attempt to stop it before the election was unsuccessful, but Campbell says challenges to the law will continue.

"The case is still under consideration in the 8th Circuit Court of Appeals and so, it's not over yet,” Campbell points out. “It's just that our emergency motion for relief was denied."

Earlier this year, the district court found about 5,000 Native Americans lacked the proper identification to vote under this law, along with about 65,000 other North Dakotans.

The law does allow voters to prove their identity with supplemental documentation, such as a bank statement or utility bill.


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CORRECTION: An earlier version of this article incorrectly referred to Tribal Nations as Tribal stakeholders. It also did not mention the National Monument Designation would be within the National Park System. (8:37 a.m PST, May 1, 2024)

Native American tribes in Nevada are calling for designation of a new national monument within the National Park System in east central Nevada.

They say Bahsahwahbee, commonly known as Swamp Cedars in White Pine County, holds cultural and spiritual significance for tribal nations.

Alvin Marques, chairman of the Ely Shoshone Tribe, explained Bahsahwahbee was a place of religious gatherings, healing ceremonies and celebrations, which made it a target for settlers who expanded into Indigenous "Newe territories" of the Western Shoshone Tribe. It was also the site where the largest known Indian massacre in U.S. history took place.

Marques said the federal government now has the chance to stand with tribes and honor Bahsahwahbee.

"It, in the past, was a place of celebration and became a place of mourning," Marques emphasized "It means enough to me that it needs to be protected forever. It would mean a lot for all the tribes involved and it's way overdue."

He pointed out before the tragedies, Bahsahwahbee was a place of happiness and should be remembered for both the good and bad. He added people from across the Great Basin still go to the area to visit their ancestors, pray and hold ceremonies. Three tribes are collecting signatures with the goal of getting Bahsahwahbee designated as a national monument.

While he cannot speak for all Nevadans, Marques suspects many in the Silver State probably are not aware of what happened at Bahsahwahbee. He feels confident high-ranking government officials are demonstrating strong support to stand with the tribes to preserve and commemorate what Marques calls a "sacred place."

"Time is running out, so we need action now," Marques stressed. "It's time for the federal government and our representatives to center our tribes and our history, and do the right thing, which is how the tribes have proposed this monument."

He added a national monument designation within the National Park System also would help familiarize more people with the Bahsahwahbee story. Those opposed to the monument recognition argued Nevada already has too much public land where uses are restricted, but proponents argue this is false.


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A Nevada grassroots organization has launched its inaugural endorsement process for the 2024 elections in an effort to champion indigenous voices in the Silver State.

Taylor Patterson, executive director of the Native Voters Alliance Nevada, said the state is getting better about tribal and indigenous representation but contended there is still a long way to go. Nevada is home to 21 federally recognized tribes and 28 reservations, but only one Native legislator.

Patterson explained they saw the need to be more engaged with issues from the top to the bottom of the ticket.

"I think very easily we can forget that Native people are everyday people," Patterson observed. "I think it has been painted in a very specific way of 'still is very much a person of the past,' but there are people who are in all different spaces that are engaging with the government in a multitude of ways that need to be represented."

Patterson acknowledged the state does have elected officials who understand the needs of the Native community but hopes the new initiative will give those who are not familiar with the Native space an opportunity to learn more.

Last summer, Republican Gov. Joe Lombardo expanded Nevada's Effective Absentee System for Elections program program, which requires election clerks to meet with all tribes located in their respective jurisdictions to coordinate voting locations prior to elections.

Patterson noted they have had a good response from candidates and she is pleased to know officials are starting to realize the meaning and value of an endorsement from Native Voters Alliance Nevada. She said her organization can help provide politicians with access to Indigenous communities.

"In recent years there has been so much made of sort of this 'BIPOC' label," Patterson emphasized. "I very often have to remind all sorts of people, whether those are federal agencies or elected officials, you're not truly working with the BIPOC vote share or BIPOC people if you're not working with the 'I.'"

Patterson added the endorsement process will be instrumental to shaping policy and governance in the Silver State.

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Next week, Native American leaders from the Midwest will go before a United Nations panel with their concerns over a controversial oil pipeline they say is trespassing on tribal lands.

Enbridge's Line 5 operation in the Great Lakes region is expected to be a topic when the Permanent Forum on Indigenous Issues convenes Monday in New York.

In the Midwest, the law firm Earthjustice represents some Tribes contesting the rerouting of Line 5 in Wisconsin. There, managing attorney Debbie Chizewer said climate change is affecting the region and tribal nations' ability to exercise their treaty rights.

"The perpetuation of this fossil-fuel infrastructure will only worsen that," she said, "and will affect their special tribal resources, like sugar maple and loons, and whitefish and other species that are an integral part of Bay Mills and other tribal nations."

The pipeline runs through Wisconsin and Michigan, traversing the treaty-reserved territory of tribal nations, including the Bay Mills Indian Community and Bad River Band of Lake Superior Chippewa. Enbridge rejects those claims and has said it isn't trespassing on tribal lands.

Similar cases have been filed in other parts of the Midwest. In Michigan, opponents have said they're worried about Enbridge's plan to construct an oil tunnel beneath the Great Lakes. The company has claimed it would be safer than the existing pipeline, but Native American Rights Fund senior staff attorney Wes Furlong said he sees it as a disaster waiting to happen.

"There is a likelihood that if a leak happened within that tunnel, it would cause a catastrophic failure," he said. "Essentially, the tunnel could explode underneath the Straits of Mackinac, pumping crude oil into the strait and into the Great Lakes."

Furlong said pushing back against Line 5 aligns with calls to reduce the use of fossil fuels, citing its connection to climate change and the impact on treaty-reserved resources in the Midwest, on which Tribes rely.

"There's pending litigation over the State of Michigan's order to shut down the pipeline, and ordering Enbridge to vacate the state-owned bottomlands of the Strait of Mackinac," he added. "So, that would spell, I think, the end of Line 5 as we know it."

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