Native voters dealt setback ahead of key Senate election

Tuesday, September 25, 2018

A divided federal appeals court has dealt a setback to Native voters ahead of a critical U.S. Senate election in North Dakota.

In April, the plaintiffs in Brakebill v. Jaeger won an injunction that barred the state from implementing a voter identification law deemed discriminatory to Native voters. But by a vote of 2-1, the 8th Circuit Court of Appeals on Monday granted a stay of that prior ruling.

“We can operate North Dakota law the way it was intended,” Secretary of State Al Jaeger, a Republican, told The Grand Forks Herald in response to the split decision.

Indianz.Com on SoundCloud: 8th Circuit Court of Appeals - Brakebill v. Jaeger

At issue is a state law that requires voters to present identification at the polls with their current "residential" street address. Native voters said this was discriminatory because reservation residents often rely on a "mailing" address, such as a post office box.

The 8th Circuit did not outright disagree with that contention. Instead, the majority noted that all of the Native plaintiffs -- who are citizens of the Turtle Mountain Band of Chippewa Indians -- have "residential" addresses, so they aren't harmed by the law.

"If any resident of North Dakota lacks a current residential street address and is denied an opportunity to vote on that basis, the courthouse doors remain open," Judge Steven Colloton wrote for the court.

Judge Jane Kelly dissented. She said evidence admitted in the case shows that Native voters are harmed by the requirements of the state law.

"Although some portion of those Native American voters may be able to obtain proper identification under the aspects of the district court’s injunction not covered by the stay, it is likely that many eligible voters will still be disenfranchised," Kelly wrote.

North Dakota is in the spotlight as Sen. Heidi Heitkamp (D), a long-serving member of the Senate Committee on Indian Affairs, seeks another term in office. She won her first election in 2012 by fewer than 3,000 votes so she needs all the support -- Native and otherwise -- she can get in her campaign against Rep. Kevin Cramer (R).

Turtle Talk has posted briefs from the case, Brakebill v. Jaeger.