BISMARCK, N.D.--(BUSINESS WIRE)--Today, the Native American Rights Fund again brought action against the state of North Dakota (ND) seeking to overturn ND’s newest discriminatory voter ID law. NARF filed an amended complaint on behalf of Native American Plaintiffs impacted by the discriminatory law. Last year, NARF fought on behalf of Native American Plaintiffs to enjoin enforcement of ND’s voter ID law, which disproportionately prevented Native Americans from exercising their right to vote. In that action, the judge held the law likely violated the U.S. Constitution because it disproportionately kept Native Americans from voting.
In light of this defeat, the legislature amended their law, but the new law failed to include meaningful protections for voters’ rights. Today, Plaintiffs Richard Brakebill, Dorothy Herman, Della Merrick, Elvis Norquay, Ray Norquay, and Lucille Vivier amended their suit, which challenges the recently enacted HB 1369. HB 1369 perpetuates voter suppression tactics by requiring every voter to possess a narrowly prescribed form of ID. It lacks the necessary fail-safe provisions to ensure qualified voters are allowed to vote. The Legislature passed these provisions despite knowing they would suppress the Native American vote. As NARF Staff Attorney Matt Campbell explains, “voting is a fundamental, constitutionally protected right, and we intend to protect that right. The North Dakota legislature was fully aware of the impact this law would have on the Native population in North Dakota. Yet, they passed the law anyway.”
This year, ND reduced the hours of the Drivers License Site—where voter IDs can be obtained—that is closest to Plaintiffs. That Site now is open for less than five hours one day a month. There is not a Site on any Indian reservation in ND. Native Americans on Lake Traverse, Fort Berthold, and Standing Rock Reservations have to travel an average of almost an hour to access a Site.
Plaintiffs are represented by NARF, Richard de Bodo of Morgan, Lewis & Bockius LLP, and Tom Dickson of Dickson Law Office.
About NARF: The Native American Rights Fund is a nonprofit Indian legal services organization. Since 1970, NARF has represented over 275 Tribes in 31 states in such areas as tribal jurisdiction, recognition, land claims, hunting and fishing rights, and protection of religious freedom. For more information, visit www.narf.org.
