Patty Ferguson-Bohnee Indian Legal Clinic

Sandra Day O’Connor College of Law at Arizona State University

Nonpartisan effort to ensure that all voters have an equal opportunity to participate in the political process

Purpose◦ To help voters resolve

ID Problems Polling locations Registration Lists (purging)

◦ To collect data illustrating the obstacles voters face as they head to the polls

ELECTION PROTECTION

Importance & Need for Arizona Native Vote – Election Protection

Native American Voters Have Historically Been Disenfranchised at the polls

Recent Attempts to Discourage and Prevent Native Voters and Candidates

New Voter ID Laws◦ Disparity in Conditional Provisional Ballots

Protect Native Americans From Voter Intimidation and to Ensure Native Voting Rights

Formalized 2008: AIGA, ITCA, ILC Relationship Development

◦ SOS/DOJ/Local County Recorders and County Attorneys

Hotline Number to Tribes for Tribal Newspapers and Radio Stations

NABA-AZ recruited attorneys – community service project

Training

Arizona Model

Arizona ModelVolunteers are Attorneys, Students, and Other Professional Competent People

Volunteers will be stationed at Reservation Polling Places with Voter Rights information and phone numbers as Field Monitors

Mobile Legal Volunteers will be assisting Field Monitors Volunteers/Students will be answering calls at the Legal

Command Center at the Inter-Tribal Council of Arizona main office in Phoenix

Tribal attorneys will serve as on-call volunteers ready to answer specific legal questions and to respond to incidents

ARIZONA NATIVE VOTE HOTLINE1-866-460-3459

First Line of Defense Provide Voters with Critical Information Can Solve Vast Majority of Issues Reported by Voters Collect information for Qualitative and Quantitative

Purposes Electronic Voting and Voter Machine Experts Experts on Issues Relating to Language Minority

Voters Experts on All Other Voting Issues

Hotline Volunteers

Mobile Legal Volunteers—MLV

Attorneys and Other Professional Competent PeopleReady to be on call for Field Monitors and Hotline

Workers with Specific Questions of ConcernTeams of 2 People○ At least one attorney per team○ Assigned to cover 4-6 polling places

Why are they important?Help voters at the pollsAssist poll workersGather information

Located at Specific Polling Locations Assist Native American Voters who have

voting problem Offer information Contact Election Protection Hotline or MLV

for assistance Take an Incident Report

Mobile Legal Volunteers - Field Monitors

Field Monitors at Gila River

Attorneys

Situated on or near reservation

Available to respond quickly to election issues if needed

Tribal In-House Counsel – On Call

Significant Election Issues Voter Registration Early and Absentee

Voting Residency Voter Identification Felony

Disenfranchisement Voter Challenges,

Voter Intimidation, and Deceptive Practices

• Assistance to Voters and Disability Access

• Provisional Voting• Election Equipment

and Ballots• Other Polling-Place

Issues• Counting of

Ballots, Audits, and Recounts

2008: 15/21 tribal communities had coverage; 53 NV volunteers

2010: Metro Tribes, Camp Verde, and some of Navajo Covered

Biggest Gap – Navajo Reservation

Results

Hotline was used many places where not reservations

Problems: Reservation residents don’t have physical addresses but PO Boxes, go to polls and told not registered

Registered, but not assigned to polling location Call us, verify voter registration

On-scene volunteers – told not registered, could call county recorder and clarify, sometimes on inactive list

Tribal Counsel in house very helpful in getting announcements made

Results

Machines went down in several polling locations, not ballots offered◦ Extended polling locations◦ Announced on Radio Station◦ Some not reported timely

Some polls didn’t offer language translations under Section 203

Intimidation by Police Officers ◦ Guadalupe, Camp Verde

25 incidents/19 polling locations were reported by the small group.

Results

Early voters – no ID Regular – ID Provisional Voters (check signature),

Native American provisional Conditional Provisional (have to return

with ID within 5 days)

Voter ID Laws – 2004

Overview of Voter ID Law

Who must show ID – anyone voting at the polls on election day

Who need not show ID◦ Early voters (by mail or at early voting sites)◦ On election day, voters dropping off completed early ballots

at a polling place

Overview of Voter ID Law

ID must contain voter’s correct name and current address

Voter must show one form of photo ID OR Two forms of non-photo ID

Voter Identification

Overview of Voter ID Law

Forms of Acceptable ID – Photo ID with address (must show one form)◦ Arizona driver’s license or non-operator’s license◦ Tribal enrollment card or other form of tribal identification ◦ Valid United States federal, state, or local government

issued identification (unaware of any ID that fits this definition)

Photo Identification

Overview of Election Law and Election Issues

Forms of Acceptable ID – Non-Photo ID (must show two different forms)Utility bill dated within ninety days of the election (electric,

gas, water, solid waste, sewer, telephone, cellular phone or cable)

Bank or credit union statement dated within ninety days of the election

Valid Arizona Vehicle Registration Vehicle Insurance cardIndian census card

Overview of Voter ID Laws

Forms of Acceptable ID – Non-Photo ID (must show two different forms) (continued)Property tax statement of the elector's residence Tribal enrollment card or other form of tribal identification Recorder's Certificate Valid United States federal, state, or local government issued

identification, including a voter registration card issued by the county recorder

“Official Election Mail” (e.g., sample ballot, polling place locator)

Voter Identification

Overview of Voter ID

Tribal identification or enrollment card issued by a federally recognized Indian tribe, nation, community, or band (“tribe”), a tribal subdivision or the Bureau of Indian Affairs

Certificate of Indian Blood issued by a tribe or BIA Voter registration card for tribal elections Home site assignment lease, permit or allotment issued by a

tribe, tribal subdivision or BIA Grazing permit or allotment issued by a tribe, tribal

subdivision or BIA

Tribal Identification (non-exhaustive list)

Overview of Election Law and Election Issues

Two types of provisional ballots

Regular Provisional Ballot – if name or address on ID do not match the information in the precinct register or photo does not reasonably resemble elector

Conditional Provisional Ballot – if voter provides no ID or only one form of non-photo ID

Provisional Voting – ID Issues

Overview of Election Law and Election Issues

Regular Provisional Ballots are counted if the signature on the ballot envelope matches the signature the county recorder has on file with the voter’s registration

Poll worker should give voter a receipt that has a place to indicate whether ID was provided

Receipt has a phone number that voter can call to find out if his ballot was counted

Provisional Voting – ID Issues

Overview of Election Law and Election Issues

Conditional Provisional Ballots are not counted unless the voter provides ID to county elections officials within 5 days of the election

Can return to polling place on election day with ID OR

Go to County ID verification site within 5 days

Provisional Voting – ID Issues

Overview of Election Law and Election Issues

A Native American voter who provides one form of tribal ID (photo or non-photo) with the voter’s name (address not required) receives a regular provisional ballot

Ballot will be counted after signature match

Special Provisions for Native Americans

Overview of Election Lawand Election Issues

Arizona elections officials are notified when a voter is convicted of a felony and cancel the voter’s registration

People with one felony conviction who have completed any sentence of imprisonment, probation and/or parole and have paid all fines and restitution are eligible to register and vote

People with two or more felony convictions must apply to the court to have their voting rights restored

Felony Disenfranchisement

MAIN POINTS TO REMEMBERAND ISSUES TO WATCH FOR

Types of Major Incidents to Report by EP

Unregistered Voters

◦ If someone is certain they registered to vote but

they are not on the voting roll, get their

information (Name, contact info, where they

think they registered, with what organization)

Lack of Needed Assistance

◦ Any issues related to voters who need

assistance or would like to bring someone into

the poll to assist them (such as the disabled or

language minorities)

Native Language Assistance

◦ Keep track of people seeking Native language

assistance and whether they received that

assistance

◦ Translation services (including bilingual voting

materials) not being provided (in required

areas)

IDs

◦ Requests for ID where not required by law

◦ Acceptable forms of ID being rejected (especially Tribal IDs)

◦ Keep track of Native voters who could not vote because they didn’t have acceptable ID (Especially keep track of voters with Tribal ID issues) and whether provisional ballots are being offered

Provisional ballots

◦ Keep track of the reason why each provisional ballot was cast. And, if voters were or not offered one.

Partisan Poll Monitors

◦ Selective challenges by poll monitors that appear based on race, ethnicity, or other demographic variables

◦ Random challenges by poll monitors not based on any justifiable rationale

◦ Intimidation of voters by loud challenges or argumentative discussions

Types of Major Incidents to Report

Systemic Problems

◦ Faulty machines or unusually long lines at polling places

◦ Polling places opening late or closing early

◦ Insufficient number of ballots or provisional ballots

Voters being turned away

◦ Voters denied the right to vote and told they were “purged” form the voter rolls

◦ Selective questioning regarding felon status / voters denied because of being an ex-felon

◦ Voters without acceptable ID

◦ Voters who are at the wrong precinct and are not assisted with finding their correct precinct

◦ voters being turned away without being offered a provisional ballot

Possible voter suppression tactics / Inappropriate behavior

◦ Any remarks, slurs, or other obvious bias against voters by elected officials, poll monitors, or other voters based on race, religion, color, ethnicity or country of origin

◦ Misinformation campaigns, consisting either of fliers, posters, telephone calls, or radio ads giving the wrong date of election day or giving false info about voter requirements

◦ Poll monitors with cameras and video cameras, ostensibly to catch acts of voter fraud on film

◦ Poll monitors in uniform, or with badges, armbands, or side arms

◦ Any individuals inappropriately approaching or confusing voters on their way into vote

◦ Any unusual law enforcement presence or activity at or in the vicinity of the polling place

Tribal Support and Buy-In Tribal In-House Counsel Volunteers Hotline Announcements to Tribal members Encourage additional volunteers from tribal

communities Encourage tribal members to serve as

pollworkers Educate Members on the Law

Planning for 2012

QUESTIONS?