SCOTUS Decision on Voter Citizenship Proof Poses Major Challenges for Native Voters

In the wake of a recent U.S. Supreme Court ruling mandating proof of citizenship for voter registration in Arizona, Indigenous voting rights advocates are stepping up to inform tribal citizens about their registration options. Patty Ferguson-Bohnee, a legal expert in Indigenous rights, emphasized that enrolled members of federally recognized tribes can register to vote using their tribal identification numbers.

“As long as they are enrolled, tribal members can utilize their tribal ID number on the state registration form to confirm their citizenship,” stated Ferguson-Bohnee, underscoring the 1924 declaration of Indigenous peoples as U.S. citizens. Her role as the Director of the Indian Legal Clinic and the Arizona Native Vote Election Protect Project places her at the forefront of these efforts.

The recent ruling allows Arizona to enforce a voter registration law that restricts legal voters from registering shortly before elections. Ferguson-Bohnee expressed concern that this law could create confusion among organizations and individuals attempting to help voters register, potentially deterring voter participation altogether.

“The intent behind the law is evident—it seeks to impose barriers to voting, inhibiting eligible voters from signing up,” she noted. Initially blocked by lower courts, the Supreme Court’s decision reinstated a provision requiring proof of citizenship for state-created voter registration forms, leading Ferguson-Bohnee to warn of the repercussions of incomplete applications, which will go unacknowledged by the state.

To mitigate complications, Ferguson-Bohnee recommends that voters first register using federal forms, since these only necessitate affirming citizenship without document submission. This method allows individuals to vote in federal elections, including presidential contests, while providing a pathway to full ballot status upon submission of citizenship documentation by the Thursday before Election Day.

Arizona Native Vote Executive Director Jaynie Parrish acknowledged the ruling’s disruptive impact. “We’re waiting for guidance on how to adapt our outreach strategies to this new landscape,” she explained, noting the ongoing challenges Indigenous peoples face in securing voting access, such as limited polling locations and inadequate infrastructure in rural settings.

Parrish expressed the urgent need for organizations like hers to reevaluate their registration initiatives amid the new requirements. She is contemplating temporary suspension of on-the-ground voter registration efforts until a clearer pathway emerges.

Advocates worry that the ruling disproportionately affects Indigenous voters, exacerbating existing barriers. Ceridwen Cherry, legal director for VoteRiders, revealed that approximately 41,000 federal-only voters in Arizona are excluded from participating in state races due to a lack of citizenship documentation.

Federal statistics indicate that millions of American citizens lack ready access to proof of citizenship, creating significant obstacles to voter registration. A recent study highlighted that 21.3 million eligible voters may struggle with these requirements, underscoring the potential disenfranchisement faced by marginalized communities.

The implications of this Supreme Court decision are far-reaching, leaving advocates to grapple with navigating these new challenges. As the electoral landscape evolves, the necessity for clear communication and support systems for potential voters has never been more critical.