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45 NARF Legal Rev. 1 (2020)

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Earlier this year, the Spirit Lake Nation, the
Standing Rock Sioux Tribe, the individual plain-
tiffs, and the North Dakota Secretary of State in
Brakebill, et. al v. Jaeger and Spirit Lake et. al v.
Jaeger announced an agreement to settle the two
federal cases and address issues related to using
tribal IDs for voting in North Dakota. The parties
are working  together to ensure that Native
Americans who are qualified electors will be able
to vote in 2020 and beyond.

This fight has been ongoing for over four years,
and we are delighted to come to an agreement.
that  protects Native voters, said Native
American  Rights Fund (NAREF) Staff Attorney
Matthew Campbell, who represented plaintiffs in
both cases. It has always been our goal to
ensure that every Native person in North Dakota
has an equal opportunity to vote, and we have
achieved that today.

Not Able to Vote
In 2014, veteran and Turtle Mountain Band of
Chippewa Indians member Elvis Norquay went
to his local polling station to vote as usual.
Unlike years past, that year Mr. Norquay was
turned away from the polls and not allowed to
vote. The reason given was that he did not have
an  ID that met  the state's new restrictive
specifications. The law required voters to present
identification listing their residential street
address. Like many of his neighbors in the
Turtle Mountain community, Mr. Norquay did
not have that.

The new street address requirement was a sub-
stantial hurdle for many Native Americans
because North Dakota has a broken addressing


NARF   attorneys with plaintiff Elvis Norquay at
    the US Court of Appeals in September 2018.

system. The state had failed to assign residential
street addresses to many tribal reservation
homes. Many Native Americans living on reser-
vations do not have or do not know their residen-
tial addresses. Tribal citizens often must use P0
Boxes to conduct their affairs. Therefore, they
are more likely to have an ID that lists a P0 Box
rather than the residential address that was
required by the North Dakota voter ID law.

Also, the unique burdens faced by Native

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Voting Rights Protected for Native Voters

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