In March, the Trump Administration issued an executive order that would limit mail-in voting by having a federal agency create a list of American citizens who are eligible to vote by showing proof of citizenship beforehand. KUNM spoke with Jacqueline De León (Isleta Pueblo), senior attorney for the Native American Rights Fund on how this move could impact Native American voters in rural areas.
JACQUELINE DE LEÓN: Trump has issued a few executive orders that have required proof of citizenship, or has threatened to create a database of voters and instruct the postal service not to deliver ballots to folks if they're not on those lists. The thing about those measures, they can initially seem reasonable, but when you really dig down into it, you realize that a lot of people, even if they are eligible United States citizens, may not have the specific types of proof that they say are the ones that are required, and that's because they're trying to cut voters out. And so we have to be vigilant, push back against these attempts to disenfranchise voters, specifically against Native voters as well.
KUNM: We're talking about mail-in voting. How important is that for tribal communities?
DE LEÓN: Mail has always been an issue in Indian Country. Those of us in Indian Country know that well, right? Residential mail delivery doesn't always come directly to somebody's house. Instead, you got to travel to a post office. That rural post office can be far and we know that those hours can be short. However, we also know that polling place and registration opportunities may not be that common. And rural counties often depend upon mail delivery to send out ballots, and so at the end of the day, we support all means of voting, in-person, and vote by mail which has proven to be safe for many years.
KUNM: There's also talk of this need for citizens to validate their citizenship in order to vote. How much of a struggle would that be for tribal citizens?
DE LEÓN: It should be the case that, for example, somebody would just have to show a tribal ID, and that would be sufficient to prove citizenship. But that's the thing about these laws. They're not really about proving citizenship, because they cut out the types of IDs that Native people have. And so it's really about these little tricks that are being played that take what could be a reasonable idea, but unfortunately, turn it into a tool of voter suppression.
KUNM: If mail in voting were to be limited or eliminated. How would that impact tribal communities?
DE LEÓN: So I don't think that vote by mail will be eliminated. I think that really the point of these executive orders and casting doubt around vote by mail is in order to try and cast doubt upon legitimate election results. The attempts to limit vote by mail are being done unconstitutionally. They're not going to hold up in court.
KUNM: Do states have a say in terms of voting as well. Would they be able to challenge this?
DE LEÓN: So states are the primary actor for administrating elections. That's what the Constitution says are the administrators of elections. So states have a lot to say about how election administration goes, and I anticipate that if some of these laws are passed, that some certain states will raise legal challenges. And I think that tribal communities also have a say, and should have a say. They should be negotiating with their local counties. They should be requesting on reservation ballot boxes, registration opportunities, and demanding that there are additional drop boxes to sort of combat some of the voter suppression that we anticipate happening.
KUNM: And when we're looking at the historical aspect of Native American voting, it wasn't too far away that we actually got our right to vote.
DE LEÓN: Citizenship was conferred in 1924. But then, states really continued to disenfranchise Native communities all the way through the early 50’s, and so after that, we saw the implementation of voter discrimination tactics. So whether that be things like literacy tests or property requirements. Those continued well into the 70’s and 80’s. After that, we've seen redistricting, cutting Native voices out of the political process, and today, I think we're seeing that legacy again. And I think when it comes to these proof of citizenship laws, when you only accept certain types of IDs and cut out other types of IDs, that's a modern day form of voter suppression.
KUNM: What should Native communities be aware of, what should they be, asking? Requesting from their tribal government? From their state government?
DE LEÓN: So Native votes are incredibly powerful, and we can see that in this next election cycle that the Native vote is really poised to make significant differences across this country, and Native people should be fighting to protect that right to vote. But really, I think that every voter needs to make a plan about how it is that they are going to vote, and also talk to their tribes about talking to their county officials to make sure that they have polling places, registration opportunities, ballot drop boxes on reservations within communities. And that's actions that should be taken now before the primaries and before the general election.
Support for this coverage comes from the Thornburg Foundation.
