[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] NATIVE AMERICAN VOTING RIGHTS: EXPLORING BARRIERS AND SOLUTIONS ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON ELECTIONS OF THE COMMITTEE ON HOUSE ADMINISTRATION HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION __________ FEBRUARY 11, 2020 __________ Printed for the use of the Committee on House Administration [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available on the Internet: http://www.govinfo.gov/committee/house-administration _________ U.S. GOVERNMENT PUBLISHING OFFICE 41-319 WASHINGTON : 2020 Committee on House Administration ZOE LOFGREN, California, Chairperson JAMIE RASKIN, Maryland RODNEY DAVIS, Illinois, SUSAN A. DAVIS, California Ranking Member G. K. BUTTERFIELD, North Carolina MARK WALKER, North Carolina MARCIA L. FUDGE, Ohio BARRY LOUDERMILK, Georgia PETE AGUILAR, California C O N T E N T S ---------- FEBRUARY 11, 2020 Page Native American Voting Rights: Exploring Barriers and Solutions.. 1 OPENING STATEMENTS Chairwoman Marcia L. Fudge....................................... 1 Prepared statement of Chairwoman Fudge....................... 4 Hon. Rodney Davis, Ranking Member................................ 7 Prepared statement of Ranking Member Davis................... 8 WITNESSES Hon. Ben Ray Lujan, Representative, Third District of New Mexico. 10 Prepared statement of Hon. Lujan............................. 13 Mr. Leonard Forsman, Chairman, Suquamish Tribe................... 16 Prepared statement of Chairman Forsman....................... 19 Ms. Amber Torres, Chairperson, Walker River Paiute Tribe......... 22 Prepared statement of Ms. Torres............................. 24 Ms. Doreen McPaul, Attorney General, Navajo Nation............... 26 Prepared statement of Ms. McPaul............................. 28 Ms. Patricia Ferguson-Bohnee, Director, Indian Legal Clinic, Sandra Day O'Connor College of Law............................. 54 Prepared statement of Ms. Ferguson-Bohnee.................... 57 Mr. Elvis Norquay, Member, Turtle Mountain Band of Chippewa Indians........................................................ 70 Prepared statement of Mr. Norquay............................ 71 Jacqueline De Leon, Staff Attorney, Native American Rights Fund.. 72 Prepared statement of Ms. De Leon............................ 74 QUESTIONS FOR THE RECORD Ms. Patricia Ferguson-Bohnee, Director, Indian Legal Clinic, Sandra Day O'Connor College of Law, answers to submitted questions...................................................... 97 Jacqueline De Leon, Staff Attorney, Native American Rights Fund, answers to submitted questions................................. 112 Ms. Doreen McPaul, Attorney General, Navajo Nation, answers to submitted questions............................................ 120 Mr. Leonard Forsman, Chairman, Suquamish Tribe, answers to submitted questions............................................ 124 Ms. Amber Torres, Chairperson, Walker River Paiute Tribe, answers to submitted questions......................................... 127 SUBMISSIONS FOR THE RECORD Statement of the National Congress of American Indians, The Native American Rights Fund.................................... 130 Letter, American Bar Association................................. 137 Report, The Comprehensive Field Hearing Report on Historical and Contemporary Barriers to Political Participation by Native American Voters................................................ 139 NATIVE AMERICAN VOTING RIGHTS: EXPLORING BARRIERS AND SOLUTIONS ---------- TUESDAY, FEBRUARY 11, 2020 House of Representatives, Subcommittee on Elections, Committee on House Administration, Washington, DC. The Subcommittee met, pursuant to call, at 9:59 a.m., in Room 1310, Longworth House Office Building, Hon. Marcia L. Fudge [chair of the Subcommittee] presiding. Present: Representatives Fudge, Butterfield, Aguilar, and Davis of Illinois. Staff Present: Sean Jones, Legislative Clerk; Jamie Fleet, Staff Director; David Tucker, Senior Counsel and Parliamentarian; Mariam Malik, Staff Assistant; Sarah Nasta, Elections Counsel; Giancarlo Pellegrini, Professional Staff Member; Hannah Carr, Staff Assistant; Veleter Mazyck, Chief of Staff for Chairperson Fudge; Kyle Parker, Legislative Director for Representative Butterfield; Evan Dorner, Legislative Assistant for Representative Aguilar; Nick Crocker, Minority Director, Member Services; and Jesse Roberts, Minority Counsel. Chairperson Fudge. Good morning. The Subcommittee on Elections of the Committee on House Administration will come to order. I ask unanimous consent that all Members have five legislative days in which to revise and extend their remarks and that any written statements be made part of record. Hearing no objection, so ordered. I would like to thank the Members of the Committee as well as our witnesses and those in the audience for being here today. We are here today to examine barriers to Native American voting rights. This morning's hearing will shed light on the longstanding disenfranchisement faced by this Nation's first people and potential solutions to right this wrong. The ongoing injustice of voter disenfranchisement in America is far too familiar. Throughout 2019, the Subcommittee on Elections held a series of field hearings across the country to examine the state of voting rights and election administration in America. What we found was an alarming array of hurdles and obstacles to voting that exists for citizens across the country, especially minority groups. Suppressive tactics have existed in various forms since this Nation's founding, and they continue today. In 2013, the Supreme Court's decision in Shelby County gave jurisdictions with a provable legacy of discrimination, a green light to discriminate at will. What was old is new again: polling place closures and movements, cutbacks and restrictions on early voting, discriminatory voter ID laws, removing otherwise eligible voters from the rolls, modern day poll taxes, and a failure to provide required language assistance and materials among other barriers all combine to continually disfranchise millions of otherwise eligible voters. Last year, the House passed bills to strengthen voter protections and ballot access, including H.R. 1 and H.R. 4. Both these bills now sit on the Senate Majority Leader's desk waiting for action, but we cannot be still. At our founding, America claimed the commitment to equality. This Nation has failed to live up to that claim at many turns, and it is time to fix it. Protecting the rights of Native American voters is no exception. This is now the second Subcommittee hearing focused exclusively on Native American voting rights and our third examining the issue in detail. One might ask why we are spending so much time on this topic. Almost 7 million people identify as American Indian or Alaskan Native, millions of whom are eligible voters, including tens of thousands serving on active military duty and thousands more veterans who bravely serve this country. Apart from the Subcommittee's North Dakota field hearing, neither this Committee nor, in fact, any other committee in either Chamber of Congress has held a single hearing dedicated to Native American voting rights in recent memory. It is not only appropriate but necessary to hold a few hearings and make up for lost time. The Federal Government has consistently failed Native American communities by engaging in policies of forced removal and assimilation, failing to live up to its treaty promises and trust obligations and denying Native American citizenship until 1924. The States are far from blameless. Once Native Americans acquired citizenship and the legal right to vote, States immediately erected a series of Jim Crow style barriers to prevent Native Americans from casting a ballot. By the time this discrimination began to fade in the 1960s, the damage was done. Native Americans experienced disproportionately low rates of voter participation and steep socioeconomic challenges. Both of these problems persist today. The socioeconomic challenges experienced by many Native Americans are severe and unacceptable. More than a quarter of Native Americans live in poverty, and Native Americans are unemployed at almost twice the rate of other Americans. Tribal lands are often rural and isolated, and many members lack access to transportation, residential street addresses, and reliable mail service. All of this was underscored by witnesses at our field hearings in North Dakota and Arizona, but it is not limited to those two States. These structural challenges mean that today's election laws are not necessarily working for Native American voters. Voter registration services are often scarce or unavailable on Tribal land, and the act of voting itself is difficult for many Tribal members. Polling sites are plagued by inadequate facilities, outdated equipment, and long wait lines. Tribal lands sometimes lack a polling site altogether, and access to proper language assistance remains a persistent issue. As we constantly talk about greatness, America is great because of her ability to repair her faults. It is time for us to do right by the residents of Tribal nations and guarantee the right to vote that each member is owed. We look forward to our panels today offering their views and possible solutions, hopefully. There is much work to be done. I yield now to the Ranking Member, Mr. Davis. [The statement of Chairperson Fudge follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Davis of Illinois. Thank you, Madam Chair. Welcome to my good friend and colleague, Mr. Lujan. Can't wait to grill you with questions, my friend. Since the creation of the Committee on House Administration, oversight of Federal elections quickly became one of its chief tasks. Throughout CHA's existence, the Committee has worked across the aisle to create significant and necessary election policy that is widely impacted this Nation, including legislation to eliminate the poll tax, legislation to create easier access to members of the military and their families when voting overseas, and the landmark Help America Vote Act, a piece of legislation that took significant steps to remedy the problems seen in the 2000 presidential election. The Subcommittee on Elections is designed to serve as an extension of CHA to enhance oversight capabilities of Federal elections. While the Subcommittee has not always been a formal part of this Committee, the work on the election administration has always remained a top priority. Since the Subcommittee's recent reinstatement, its focus has been on examining the Voting Rights Act, which historically has been a bipartisan effort, first enacted in 1965 for the purpose of removing racial-based restrictions on voting. While this legislation has primarily remained under the jurisdiction of the House Judiciary Committee, our Committee has an obligation to review how elections are being administered and recognize problems that Congress can solve, which I hope we are able to do here. The bill we are reviewing today, the Native American Voting Rights Bill, is specifically to address how Native Americans vote in our Nation's elections, and I hope to hear more about that today, especially starting with my friend and colleague, Mr. Lujan. We previously held a field hearing in North Dakota on Standing Rock where we heard from many Tribal leaders about their work to help their populations vote, and we discussed ways that they can work with State administrators to better increase those efforts. We also held a field hearing in Phoenix, Arizona, where the Subcommittee had the opportunity to again hear from Native American representatives on voting rights. In Arizona, we heard from State Senator Ugenta Rita on the State's ballot harvesting prohibition, which has recently been, in my view, wrongly invalidated by Ninth Circuit Court of Appeals. I hope we can hear testimony on the very important issue of ballot harvesting as well. If there is evidence of intentional widespread voter discrimination, we should take steps to remedy that in a bipartisan manner. Additionally, we should do our due diligence to review all of the facts and the numbers carefully and hear from all of the relevant stakeholders. What are the voter registration trends? What are the voter turnout trends? It is essential that Congress make the most well-informed decisions possible. Voting is a fundamental right to American citizens, and protecting that right is a responsibility that I as Ranking Member of this Subcommittee and of the full Committee take very seriously. Today I am here to listen to all the witnesses who have graciously agreed to participate. I look forward to hearing what each of you have to share in front of the Subcommittee. Thank you, Madam Chair, and I yield back. [The statement of Mr. Davis of Illinois follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairperson Fudge. Thank you, Mr. Davis. Mr. Lujan, I will spare you all of the instructions about the lighting system. I am sure you are quite aware. So, on our first panel, we will hear from a sponsor of H.R. 1694, the Native American Voting Rights Act, my colleague and friend, Congressman Ben Ray Lujan. Congressman Lujan represents New Mexico's Third Congressional District and is serving his sixth term in Congress. He serves as the Assistant Speaker of the House and is the highest-ranking Hispanic in Congress. He is also a member of the Congressional Native American Caucus and the Congressional Hispanic Caucus. Congressman Lujan's district includes 15 Pueblos and Navajo Nation and the Jicarilla---- Mr. Lujan. Jicarilla. Chairperson Fudge [continuing]. Apache Nation, and Congressman Lujan was born and raised in Nambe a small community in northern New Mexico, nestled between two Pueblos and the historic high road to Taos scenic byway. You are recognized, my friend, for five minutes. STATEMENT OF THE HON. BEN RAY LUJAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW MEXICO Mr. Lujan. Thank you, Madam Chair. And thank you to Chairperson Lofgren, and Ranking Member Davis, Chairperson Fudge, members of the Subcommittee and their efforts to uplift Native American voting rights. I am glad to see the Honorable Doreen McPaul representing the Navajo Nation and Isleta Pueblo Tribal member Jacqueline De Leon here to lend their voices to this critical discussion. I welcome them as well. I am proud of what we have accomplished in the 116th Congress to build on the Voting Rights Act with House passage of H.R. 4, but our work is not finished. As a Nation, we have still not fulfilled commitments to Tribes to work with them on a government-to-government basis to protect Native voting rights. This is a great injustice and one that allows the longstanding disenfranchisement of Native voters to continue. Throughout our country's history, Native voters have been subject to guardianship, literacy tests, polling taxes, and outright rejection from the ballot box in regions across the U.S. These barriers still exist. My home State of New Mexico is figured prominently in this history. More than 50 years after the ratification of the 14th Amendment and 24 years after Native Americans were finally granted their innate right to citizenship and the vote, veteran Miguel Trujillo of Isleta Pueblo was denied his right to participate in our democracy by his county registrar. Their reason? Mr. Trujillo lived on Tribal land and was classified by the government as ``Indians not taxed.'' Mr. Trujillo filed suit and won in 1948. The landmark case, Trujillo v. Garley, granted Native Americans the right to vote regardless of whether they lived on Tribal lands or not. That same year, Frank Harrison of the Yavapai Nation challenged Arizona in Harrison v. Laveen for the State's claim that Indians were ``mentally incompetent,'' in the words of the government, and therefore prohibited from voting. Mr. Harrison won, again, confirming States cannot infringe on Native people's right to vote. And yet today States continue to restrict Native voting rights. They print ballots near Native communities in English only, close or move polling places off Tribal lands, and require physical addresses on IDs from voters whose homes do not have physical addresses but rather rural box addresses, which are commonplace in many rural communities across America. I thank the House Judiciary Committee for ensuring Native voices are a part of the efforts to strengthen the Voting Rights Act. Committee action proved that Native peoples, particularly those living on Tribal lands, continue to face linguistic, geographic, and legal barriers to voting. We know North Dakota Tribes are fighting State voter ID laws that Tribal members are unable to comply with because, as I stated earlier, they lack physical addresses where they live and rely on rural box addresses. Growing up, through my own childhood, it was Route 1, Box 102. The same mailbox that was Route 1, Box 102 that went to our house is the same mailbox at the top of that dirt road. Now it is just named after my grandparents with a physical address. But the local government went in to change those addresses. There are still many parts of America where rural communities are still operating under that addressing system that I grew up with. Just last week, South Dakota legislators rejected a bill that would have allowed Tribal IDs to be used for voter registration. In 2020, this type of disenfranchisement is unacceptable. It is a stain on our Federal trust responsibility and our democracy. The good news is that Tribes and lawmakers are taking action. Less than a year ago, Washington State and Colorado passed laws that allow Tribes to designate addresses for individuals who do not have physical addresses for voting purposes. Congress has a unique responsibility to legislate here because of the government-to-government relationship the United States has with Tribal Nations. That is why I introduced the Native American Voting Rights Act with Senator Tom Udall, our colleagues Deb Haaland and Sharice Davis and Ranking Member Tom Cole. The Native American Voting Rights Act allows Tribal governments to collaborate with their State counterparts to ensure Native peoples have access to the ballot box. It directs States to accept Tribal IDs for voter registration or identification purposes, requires precincts to honor requests to place polling locations on Tribal lands, and ensure precincts seek Tribal consent before changing polling locations. In places that require Native language assistance under the Voting Rights Act, it allows Tribes to determine the forms of assistance. Tribal governments are empowered to request Federal observers when they believe Native voters might be disenfranchised at the polls. It would also create a grant program to build a stronger election infrastructure for communities. Madam Chair, I would ask unanimous consent to enter into the record the many organizations that are supportive of this legislation. I urge my colleagues to support the Native American Voting Rights Act. And I thank the Committee and witnesses for being part of today's vital hearing. Thank you. [The statement of Mr. Lujan follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairperson Fudge. Thank you very much. I appreciate it. We are not going to ask our colleague any questions, so we thank you so much for being here, and we would call our second panel. Thank you so much. Our witnesses today will be recognized for five minutes. I will remind our witnesses that their entire written statements will be made part of the record and that the record will remain open for at least five days for additional materials to be submitted if you wish. The lighting system will tell you how much time you have remaining. You will each have five minutes. Green light means begin. Yellow means you have one minute left. And red means please wrap up your statement. On our second panel, I would like to welcome Leonard Forsman, Chairman of the Suquamish Tribe. He has held the position since 2005. Previously, he was a research archaeologist for Larson Anthropological and Archaeological-- those are two words hard to say together--Services in Seattle, Washington, from 1992 through 2003. He is also the vice chair of the Advisory Council of Historic Preservation, a position he was appointed to by President Obama. Amber Torres has served as Chairman of the Walker River Paiute Tribe in Schurz, Nevada, since 2016. She currently serves on the Intertribal Council of Nevada Executive Board Native Farm Bill Coalition and Tribal Leaders Consultation Work Group, the National Indian Health Board, the National Congress of American Indians, Vice President, Alternate Western Region, Tribal Interior Budget Council, and other boards that represent Nevada, Arizona, and Utah. Welcome. Doreen McPaul assumed her position as Attorney General of the Navajo Nation in April 2019. She has 18 years of legal experience, including 11 years working for the Pascua Yaqui Tribe and Tohono O'odham Tribe--I am close; I am trying really hard--Nation and the Salt River Pima-Maricopa Indian community. She received her law degree from Arizona State University and is licensed to practice law in Arizona and New Mexico and on the Navajo Nation. Thank you all so much for being here. We will begin. You have five minutes. STATEMENTS OF LEONARD FORSMAN, CHAIRMAN, SUQUAMISH TRIBE, SUQUAMISH, WASHINGTON; AMBER TORRES, CHAIRPERSON, WALKER RIVER PAIUTE TRIBE; AND DOREEN MCPAUL, ATTORNEY GENERAL, NAVAJO NATION STATEMENT OF LEONARD FORSMAN Mr. Forsman. Good morning, Chairperson Fudge, Ranking Member Davis, and all the Members of the Subcommittee. My name is Leonard Forsman. I am the chairman of the Suquamish Tribe, and I also serve as President of Affiliated Tribes of Northwest Indians. I thank you for the opportunity to testify today about removing legal barriers that prevent Native Americans from exercising our right to vote, and specifically how we accomplished this in the State of Washington. The Suquamish Tribe is signatory to the 1855 Treaty of Point Elliott. In exchange for ceding most of our aboriginal homeland, the Tribe reserved the Port Madison Indian Reservation, home of Chief Seattle, on the Kitsap Peninsula as well fishing, hunting, and gathering rights. We have roughly 1,200 enrolled citizens, more than half of whom reside on a reservation or within Kitsap County, which is located west of Seattle across the Puget Sound. As residents of the State of Washington, we have many options on how to register to vote. We can register by mail or online eight days prior to election day. We also have the ability to register in person and on election day itself. Washington is a vote-by-mail state. Prior to election day, ballots are mailed to all registered voters. Voters may return their ballots via mail or by dropping the ballot off at a designated ballot box location. Postage is not required to mail the ballot. Voters also have the option to vote in person on election day. Even with the seemingly voter-friendly Washington system, American Indians still face many obstacles to exercising our right to vote. The obstacles I will discuss are not particular to Suquamish or Washington State. They are common across Indian Country. The first barrier was using Tribal IDs to register to vote. Tribal citizens that did not have State-issued licenses or IDs have a harder time registering to vote online. Many Tribal citizens' primary identification is their Tribal ID cards. These individuals often do not have State-issued driver's license or ID cards. In addition, some Tribal-issued IDs do not include residential addresses or signatures. The second barrier was that many Tribal citizens do not have a typical residential address to use to register to vote. Many Suquamish homes have addresses that do not correlate with the State's address system. This creates issues for these Tribal citizens in ensuring that they are registered to vote in the right precinct. In addition, Tribal citizens rely heavily on PO boxes, which are strictly prohibited in establishing residence for voter registration. A third barrier specific to Washington was the option for returning ballots. Too often designated ballot box locations were off reservation and operated with limited hours. This created a hardship for many Tribal citizens that do not have the means of transportation. Tribal citizens were also deterred by having to pay the postage of the ballot. That is no longer the case. Washington State responded to these challenges by enacting the Native American Voting Rights Act, or NAVRA. NAVRA addresses many of the issues we face when trying to vote. First, a Tribe may now request that their county auditor establish at least one ballot box on their reservation. More importantly, the Tribe can choose a location. There is no cost to the Tribe. We have one right outside our Tribal office, fortunately. NAVRA allows Tribal citizens residing on a reservation to use nontraditional residential addresses for voter registration. They may also use a location of the tribally designated ballot box as a residential and mailing address if they live in the same precinct. Third, NAVRA allows Tribal citizens to use Tribal IDs to register to vote. The Tribal ID does not need to list the residential address. However, if the ID does not have the Tribal citizen's signature, the secretary of state must be able to obtain a copy of the signature from the Tribe. Finally, a Tribe may request that any State facility located on the Tribe's reservation provide voter registration services. NAVRA also provides enforcement mechanisms that allow a Tribal government, an individual, or a State attorney general to sue to enforce its provisions. Since the passage of NAVRA, Tribes in Washington are now partnered with the State. The Suquamish Tribe is now able to have direct involvement with the State in planning and ensuring that our people do not face obstacles while exercising their right to vote. The Tribe is now preparing for this year's 2020 elections. We have a ballot box located in front of our Tribal offices, and we have a central location to deliver the ballots, our ballots. This is important for homeless citizens and for those that may not have a stable residence. These individuals now have the ability to designate the Tribal ballot box location as their address. The Suquamish have been working with the State to provide voter registration services on our reservation. In addition to my role as chairman of the Tribe, I am also on the NCAI Executive Board, and NCAI has established a nonpartisan Native voting initiative that provides staff coordinators to offer vital information throughout Indian Country. NCAI has provided testimony to the work that they do on the Get Out the Vote. And, in conclusion, I urge this Committee to consider the measures taken by the State of Washington as Congress moves forward in addressing voter rights issues. Thank you for the opportunity to testify. I am happy to answer any questions. Thank you. [The statement of Mr. Forsman follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairperson Fudge. Thank you, Mr. Chairman. I now recognize Chairwoman Torres for five minutes. STATEMENT OF AMBER TORRES Ms. Torres. Pesha Awamooa'a me Amber Torres me nane'a nu Agai Dicutta Poinabe nu Agai Gway. Good morning, everyone. My name is Amber Torres. I am the Chairman for the Walker River Paiute Tribe in Schurz, Nevada. I want to thank Chairperson Marcia L. Fudge and Ranking Member Rodney Davis and members of the Committee on House Administration, Subcommittee on Elections, for the opportunity to testify about Native American voting rights, exploring barriers and solutions. In 2016, the Walker River and Pyramid Lake Paiute Tribes worked in conjunction with Four Directions Incorporated to determine if Tribal members living on reservations had equal access to the ballot box. It was determined that the poverty rate, lack of transportation, and/or the age and condition of the vehicles placed Tribal members at a disadvantage in participating in early in-person voting. On or about September 7, 2016, a complaint and an emergency motion for a preliminary injunction was filed in Federal court that the alleged abridgement of the fundamental right, the right to vote and, in particular, to have equal access to early in-person voting and election day in-person polling, protected under Section 2 of the Voting Rights Act, Sanchez v. Barbara Cegavske. A hearing on this matter was held, and the Honorable Judge Du and the stance taken by the Tribal members was supported by a preliminary expert report from Professor Daniel Craig McCool of the University of Utah and a Statement of Interest filed by the Department of Justice. On or about October 7, 2020, the Honorable Judge Du issued an order that plaintiffs' Motion for Preliminary Injunction, ECF No. 26, is granted in part and denied in part. The motion is granted with respect to plaintiffs' request for early in- person voting in Nixon, Nevada, and Schurz, Nevada. The motion is also granted with respect to plaintiffs' request for election day in-person voting in Nixon, Nevada. The motion is denied with respect to plaintiffs' request for in-person voter registration in Nixon, Nevada, and Schurz, Nevada. Since that time, the Nevada State legislators created legislation that allows counties to work with other Nevada Tribes to establish satellite offices. We have also seen an increase of Tribal members voter turnout. Because of the absolute offices, there are new registered voters. One issue that still creates problems to this day is the felony provision in the State of Nevada voter registration application. Line 15 on the form states: Important, if you are assisting a person to register to vote and you are not a field register appointment by a county clerk, register of voters, or an employee of a voter registration agency, you must complete the following. Your signature is required. Failure to do so is a felony. This creates problems within our reservation in that our youth tend to help their grandparents in everyday activities, and this provision makes them hesitant and/or not wanting to assist the elders in voter registration in that if they forget to sign, they could be charged with a felony. It would only take Nevada legislation to remove this barrier, but until that time, the field register appointed by a county clerk register of voters or an employee of a voter registration agency should be assigned to our reservations to assist with voter registration. We would also like the House and Senate to support H.R. 1694, Native American Voting Rights Act of 2019. Our people understand the importance of voting and how hard our ancestors fought to have that right. Please make sure our voices are heard now and for future generations. Thank you for your time for allowing me to testify before this Committee on the issues of voter equality at the ballot box. Pesha U. Thank you. [The statement of Ms. Torres follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairperson Fudge. Thank you. Attorney General McPaul, you are recognized for five minutes. STATEMENT OF DOREEN MCPAUL Ms. McPaul. Good morning. Thank you, Madam Chair, and honorable Members of the Subcommittee. I appreciate the opportunity to address the Subcommittee today. My name is Doreen McPaul. I am an enrolled member of the Navajo Nation, and I serve as the Attorney General, and I oversee the Nation's Department of Justice. I am here today to discuss three recent voting rights cases that greatly impact Navajo voters. Each of these decisions highlights adversities faced by Navajos when they are casting their ballots. The first case is Navajo Nation v. San Juan County. San Juan County is in Utah. It is the largest county in the United States that has a majority Native American population. This case challenged the county's failure to redistrict its commission and school board for more than 20 years. The county is made up of three commission districts, two of which have a majority non-Native population, and the third had a 92 percent Navajo population in 2012 when this litigation was brought. As a result of this case, the Federal court found the county's district lines to be unconstitutional in violation of the Equal Protection Clause. The court appointed a special master to draft a redistricting plan. Under the new plan, two of the three county districts had, for the first time, a Native American majority population. The court ordered the county to adopt the plan and to hold a special election using the new redistricting plan. This election occurred in November of 2018, and as a result of the election, two Navajos for the first time in the county's history were elected to hold two of the three commissioner seats. And despite the success, there is ongoing efforts to challenge the structure of this county and to undo these positive results. The second case is Navajo Nation v. Hobbs. This is a Federal court case that challenged the early voting practices of three Arizona counties: Apache County, Navajo County, and Coconino County. In 2018, these counties did not count the early ballots submitted by Navajo voters that failed to have a signature nor did the counties inform the voter that the ballot was defective. The Nation filed a suit against the Arizona Secretary of State as well as the three counties. This particular case recently settled in a way which allows the voter who failed to sign their ballot two things. First, they have notice of the deficiency, and they also have the opportunity to cure that defect. These two remedies are also already afforded to voters who have mismatched signatures on their early voting ballots as well as to voters on election day who failed to present their identification. We are having some post-settlement challenges with the State's election manual as well as some current legislation proposed by one Senator that would specifically prohibit curing and undo our settlement in this case. The last case I want to mention is the very recent Democratic National Committee v. Hobbs. In this particular decision, the Ninth Circuit overturned two laws that had significant hardship--created significant hardship for voters. The first law prohibited ballot collecting by third parties, and the second law prohibited out-of-precinct ballots. It is very common for Navajos who share the burden of having a distant post office box to have relatives pick up or drop off the mail. This is true whether they share a box or they share a residence. And out-of-precinct voting is also very common on the Navajo Nation, especially where Tribal and State elections are happening on the same day. If a voter's precinct doesn't align with the Navajo Nation's 110 political subdivisions, it results in out-of-precinct voting, and so we are very pleased with this Ninth Circuit decision. And just to conclude my comments, I want to emphasize that the Navajo Nation supports the efforts of Congress to address Native voting issues in the Native American Voting Rights Act. Litigation is expensive. It is time consuming, and there is really no end in sight. Both the Navajo Nation President as well as the Navajo Council have expressed support for the act. And for the Nation, this law recognizes the unique challenges faced by Native voters and attempts to remedy those issues, and the Nation would very much like Congress to pass that act. Thank you. [The statement of McPaul follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairperson Fudge. Thank you very much, and thank you all for your testimony. I congratulate you for the legal successes that you all have experienced and just note that it took more than 230 years to get two Native Americans elected to the House of Representatives. Let me begin with this question for all of you, each of you, and we will just go down the line. Do you think that your surrounding non-Tribal communities face the same challenges with geography in voting? Mr. Forsman. We have got 29 Tribes in Washington. It varies from the rural to the urban to the suburban. So I would guess it depend on the Tribe you are asking about. I would say generally that they don't face the same challenges that our people do within our reservations because of the past oppression that our people faced through the assimilation process the Federal Government imposed upon us. And so most things that you mentioned earlier in your testimony about Indians not taxed and the tradition of our people not being allowed to go to public schools and then being sent to boarding schools, so this tradition of being excluded is something that--there is some distrust, but there are some challenges also around access. Washington, of course, is a model for some of those things being eliminated, but I would just like to emphasize that not all States are like Washington in their relationship with Tribes in that we have a very positive relationship that took a lot of work. It didn't just come out of thin air, but it took a lot of work by my previous leadership that did a lot of those things. And so a lot of the political forces within Washington really respect the unique relationship that Tribes have with the Federal Government and the States. Chairperson Fudge. Is Washington the only State that has a Native American Voting Rights Act? Mr. Forsman. As far as I know, but I may be--I had heard earlier that Colorado has something similar, but I am only familiar with Washington's. Chairperson Fudge. Thank you. Ms. Torres. Ms. Torres. Thank you for the question. I want to say, frankly, that I don't believe that non-Indians have the same barriers to access as Native Americans do. As you know, reservations are located in rural and desolate areas where I would say that non-Indians have access because they are in urban settings. Again, we deal with the barriers to access, transportation issues, high poverty rates, unemployment rates. And the biggest thing is, you know, if my people have to decide whether they are going to use that transportation to go to work versus, you know, going to vote 40 miles away, you know, it is a no- brainer. We have historical trauma embedded within our people, and the biggest thing is we face challenges that no one else does. And, again, I feel it is a trust and treaty responsibility because our ancestors paid it due a long time ago, and it is time for the Federal Government to hold up their end of the bargain. Thank you for that question. Chairperson Fudge. Thank you. Attorney General, can you just tell me what you think is the greatest hardship faced by Native Americans as it relates to voting? I mean, we have gone through the IDs and how costly they have been, how time consuming. What do you think is the biggest issue, and what should we be doing as a Nation to live up to our end of this bargain? Ms. McPaul. I don't know if there is one single greatest challenge. I can tell you that I think for the Navajo Nation in particular because we cover such a large area of land, cover multiple States, cover multiple counties within those States, there is just a lot of challenges, you know. I moved back to Wind Rock from Tucson, Arizona, and for the first time in 20 years, I have a post office box. I have access to a vehicle. I have access to paved roads, and I only check my mail probably once every week or maybe two weeks. It is just an inconvenience to travel to the post office. And adding things like lack of transportation, having to traverse dirt roads, having to traverse those roads in bad weather, and then not having financial means to do just basic--you know, getting to the post office or getting to the polling location just are challenges upon challenges. So I don't know if there is a single fix, you know. In my role having to bring constant litigation and the expense of litigation is a challenge to our budget, and you know, prioritizing this for our communities is--you know, I have to choose between, you know, a case like this or an Indian Child Welfare Act case or some other important case, you know, that goes to the root of Tribal sovereignty. And so, you know, I think that improving access, improving language, all of those things that help, you know, take down the barriers are of great need. Chairperson Fudge. Thank you. Mr. Davis, you are recognized for five minutes. Mr. Davis of Illinois. Thank you, Madam Chair. Real quickly, I want to get from each of you, if we could-- and we will start with Chairman Forsman--can you all speak a little bit about voter registration trends for each of your Tribes and overall voter participation in the last few election cycles? Mr. Forsman. I don't have specific statistics to reference, but I know that, in Washington, the NAVRA, Voting Rights Act for Native Americans, and just the general trend within Washington to make voting easier through mail, through more less-stringent requirements for ID, for registration because you can actually use a Social Security number if you don't have a State-issued ID and the other alternatives for that. Just for example, my brother just moved back from being in San Francisco for 40 years, back to the reservation. And he only had a California ID and doesn't drive. So he had no need to get a State license. He was able to register fairly easily just through the mail. The barriers have been dropping in Washington because there is a real conscious effort there to reduce the barriers to voting so that Washingtonians and their Tribal citizens can have that opportunity to vote. I feel that those efforts have increased our registration and our voter turnout. Mr. Davis of Illinois. Great. Ms. Torres. Chairwoman Torres. Ms. Torres. Thank you. Thank you for the question. So, with our litigation, we have had an early polling site on our reservation, which has offered us a number of new registered voters and also access for our people to be local there at home and make their vote count. The other thing is we are getting our veterans out. We are getting our community members out. We are having voter drives where we are bringing in our people. We are hiring our own people, which I think is a huge success for us because of cultural competencies. People feel as if those people are trusted, and so I think it has been good for us. I think one of the huge successes that we have had is with the early voting sites. We are getting our own people trained, and it allows more of our people to again feel comfortable coming in and giving their vote there. The other thing is, this year, we are really concentrating on Census as well as voting, and we have new 18-year-olds. We are pushing that think get signed up, and, again, our older voters that haven't voting in quite some time, we are going out and educating them on that importance. We are really making the push to sign all of our people up. So it has been successful, and we have seen a huge voter turnout. Mr. Davis of Illinois. All right. Ms. McPaul, what are your thoughts? Ms. McPaul. Thank you. With respect to voter registration trends, I can only speak to this in terms of our litigation with, for example, redistricting and a constitutional matter that affects voting turnout. And the results allowing for ballot collecting and out-of-precinct voting, you know, should be a trend if that is the way I can say that. With respect to our Arizona settlement, adding additional in-person voting places as part of the settlement, developing a voter registration plan for the State to maximize voter registration as part of the settlement, adding timely radio advertisements. Election information in the Navajo language is important, providing Navajo translators at each polling place and also allowing voters an opportunity to cure their unsigned ballots. Mr. Davis of Illinois. Okay. Thank you all for your thoughts on this. Real quick, while I have a little bit of time left, Attorney General McPaul, I noticed in your testimony you mentioned the case that was discussed at the Arizona field hearing in regard to ballot harvesting in the Ninth Circuit Court of Appeals. On ballot harvesting, more generally, California, States like California, I have a concern with the chain of custody issues that I believe are ripe for fraud. As a matter of fact, we saw fraud in ballot harvesting in North Carolina where we had a special election. And one Member who won an election in November of 2018 was not seated in this institution because of ballot harvesting. So, with the Ninth Circuit Court of Appeals ruling, do you think the gentleman who is probably going to be on--who is going to be on trial and likely to go to jail in North Carolina because ballot harvesting is illegal, do you think that gives him the ability to argue that his case should be thrown out of court? Ms. McPaul. Thank you for the question. I am not familiar with the particular issue that you are talking about, so I don't feel competent to speak to it. I can tell you that, in my personal experience just growing up on the reservation and sharing a post office box, you know, my relatives all live in the same area, and it is not uncommon for everybody to have keys to the other people's post office boxes to collect the mail and to drop it off. And so, you know, I don't--I don't know. In that context, delivering the mail for my grandmother or my disabled relative, how that would constitute fraud for picking up the mail? Mr. Davis of Illinois. Well, it is pretty well established now in most States that you can take the relatives' ballot, but we saw an instance of fraud in North Carolina where a Republican operative is likely to go to jail for doing what is completely legal in other States that the Ninth Circuit Court of Appeals addressed in their decision. I just find it interesting. I mean, I think if I was the one who was being charged, I would seriously look at that decision. So thank you all for your comments. Chairperson Fudge. Mr. Butterfield, you are recognized for five minutes. Mr. Butterfield. Thank you very much, Madam Chair. Let me join the Chair and Ranking Member in welcoming the three of you to this hearing today. Your testimony has been very valuable. Many of my colleagues know that in my prior life, I was a trial judge in North Carolina, but many of my colleagues may not know that prior to that, I was a voting rights attorney for some six or seven years in my State. When I came out of law school, I did not recognize the full potential and power of the 1965 Voting Rights Act. But after I began to learn and to apply the Voting Rights Act, I began to appreciate the importance of the VRA. And so that is why I am an original cosponsor of H.R. 1694 that was offered by my good friend, Ben Ray Lujan. I support it and will work very hard for its passage. One thing that I learned during my voting rights years is that the Voting Rights Act is a statutory enactment whose basis is deeply rooted in the 15th Amendment, and I just happen to have a copy of the Constitution in my pocket today. I don't usually walk around with it, but for some reason, I picked it up this morning. And, last week, we observed the 150th anniversary of the ratification of the 15th Amendment. That is a very significant date in African American history and, indeed, in American history. So I just want to read into the record--all of us have heard this over and over again, but I just want to do it for emphasis. Section 1 of the 15th Amendment. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Here is the key part that a lot of people don't really pay attention to: The Congress--the Congress--shall have power to enforce this article by appropriate legislation. And that is what you are talking about, and that is what we are talking about, and that is why it is essential that we get H.R. 1694 enacted into law. Chairperson Torres, your opening statement mentioned a 2016 case in which your Tribe successfully forced election authorities to include polling places on your land. How far would you say your members had to travel to vote before you brought that case? I think it may have come out earlier, but I need to get it into the record clearly. How far would your members have to drive? Ms. Torres. For the record, as far as Walker River Paiute Tribe, we have always had a polling site on our reservation. What we were battling for was access for early voting site, as well as traveling the distance for Pyramid Lake Paiute Tribe would be at least 40 minutes one way. Again, that would be from Pyramid Lake on their reservation up to the Reno, Sparks, or Washoe area. So, again, 40 miles one way. Mr. Butterfield. Do you think the 2016 legislation changed the way the election officials engaged with your community? I know in the South after the passage of the 1965 Voting Rights Act, African American communities all of a sudden became important. But pre-Voting Rights Act, the African American communities were marginalized. Have you seen a difference? Ms. Torres. I can guarantee that we have seen a difference, again, just standing our ground and knowing what our rights were and fighting for them. Again, with our ancestors fighting so hard for our right to vote, we had to make sure to set that precedence. And, again, we have opened up the doors for all of Nevada Tribes now to have those satellite clinics or--I am sorry--those satellite options, offices, and then also so that they would have the ability to have polling sites on their reservation and early polling sites and then also have the ability to get their own people trained to work in those facilities. I think that is a huge success in Indian Country and Nevada specifically. Mr. Butterfield. Thank you. Let me now direct my final question to the Attorney General. Thank you for your service. How far do your members typically have to travel to apply for a driver's license or other government service? Does that affect your members' ability to obtain the IDs or other documents that they need to register and vote? Ms. McPaul. Thank you for the question. It is not uncommon in our rural communities for folks to travel half an hour to an hour or more to get to the nearest city. That city might not have a place, a motor vehicle division to get a driver's license. So it kind of varies. I can tell you in San Juan County, folks in Navajo Mountain who travel to Blanding, which is where the county seat is, is four hours. Chairperson Fudge. How many? Ms. McPaul. Four. Mr. Butterfield. All right. I think I will stop right there, Madam Chair. Thank you. I yield back. Chairperson Fudge. Thank you. Mr. Aguilar, you are recognized for five minutes. Mr. Aguilar. Thank you, Madam Chair. Thank you for the opportunity to have the panel, and thank you for our witnesses today. Attorney General McPaul, as you know, Arizona recently moved to a vote center voting model. This means that voters no longer have a specific polling place in many locations but can vote anywhere they would like. While this model seems to offer more options for voters, it only works if there are an adequate number of polling places to choose from. Has the vote center model affected voters' access to the polls and their ability to vote in Indian Country? Ms. McPaul. I am sorry. I don't know that I can speak intelligently to that question. I do know that Professor Patty Ferguson is on the next panel, and she would have the information to adequately address your question. I apologize. Mr. Aguilar. Can you talk to me a little bit about some of the barriers, then, to voting within the Navajo Nation that your community still faces? What are some of the largest barriers that exist? Ms. McPaul. Thank you. Yeah, I can do that. You know, one of the things I mentioned is that, you know, my office represents all three branches of government, all of these executive branch divisions and programs, and we also represent the 110 local governing chapters. So the Nation is divided up into those 110 local community chapters where people vote, where people have community gatherings, and it is where local governance occurs. Those boundaries are, you know, traditional boundaries. They predate statehood. They predate county lines. And so there are often issues with the way the polling precincts don't match with where people actually vote. And so it is entirely possible for people to have to go to two different places to vote on election day, and that creates confusion. I think that the language barrier issue is also a prominent issue that was highlighted in one of the litigations where the instructions for signatures on the envelopes were not made available. The other issue, as I think I mentioned before, is just having a rural community, no access to passable roads, particularly when there is bad weather and just the means to be able to do that and the convenience of having--you know, getting your mail at home and to return your early ballot by mail. Mr. Aguilar. Thank you. Attorney General McPaul, just following up on the Ranking Member's question, you understand filling out someone else's ballot is fraud. It is fraud in Navajo Nation. I believe it is fraud in every State, correct? Ms. McPaul. I believe so, yes. Mr. Aguilar. Is there a difference between filling out a ballot wrongfully for someone else and holding a ballot and physically just taking it for someone, a friend, a neighbor, a loved one? There would be a difference in those, right? Ms. McPaul. Yes. Mr. Aguilar. Yes. Chairman Forsman, in your testimony you talked--and specifically the relationship you have in Washington is a little different than our Washington, I suppose, among your policymakers. Can you talk to me a little bit about kind of, I guess, the atmospherics that exist between Indian Country and local elected officials and State elected officials and the lines of communication that are open so you can freely talk about the barriers that exist and how you seek to remedy those? Mr. Forsman. Yeah. Well, one of the things that--I think that Tribal-State relations came to pretty much a bottom in the early 1970s over the fishing wars and the Boldt decision, which acknowledged the Tribes' treaty rights to half the harvestable salmon in Washington and also as co-managers, as governments, to help co-manage the fishing harvests and seasons. It was very empowering, and it took a little while for us all to get used to--I think for the State to get used to having the treaty rights and also the government-to-government relationship visible and implemented with the help of the United States Department of Justice and Congress itself and over time and the Supreme Court, of course. So, over that time and during--in 1989, it was the 100th birthday of the State of Washington in 1989, the centennial. And the Centennial Accords were established--kind of the Governor's office with the help of Congressman Denny Heck, who was working for the State at the time, established this protocol for us to meet annually and work on our respective issues. And through that, we worked with the legislature, and also getting Native Americans elected to our legislature has been helpful as well. We have taken a more--the State has embraced our Tribal-State relationship and tried to be respectful of each other. And part of that is, you know, working on natural resource issues, health, education, all these things because I think many of the legislators and leaders of the State see the Tribe as an asset to their community. So, over time, that has, of course, made us responsive to current events, and one of those being some of the voter suppression we saw happening in other States. This legislation was in response to that to make sure that, although we do have--and things aren't perfect in Washington, but they are much better than many other States, but there are other States that also have good relationships and set good examples as well. There are others where there are challenges. Anyway, just to wrap up. I just think it is important to remember that we have worked really hard on that and look forward to more opportunities. Mr. Aguilar. Thank you. Thank you, Mr. Chairman. The State of Washington benefited from Mr. Heck's service for a number of years, and we all have here as well. Thank you so much. Chairperson Fudge. Thank you. Thank you all for your testimony today. We appreciate it. We will be sure to be in contact as we go further with this legislation. Thank you again. I would now ask for the third panel to please join us. Thank you and welcome. As I explained to the previous panel, you will have five minutes to give your testimony. When the green light comes on, that means begin. When you see a yellow light, that means that you have one minute. And when you see a red light, that means please try to wrap up your testimony. Let me now introduce our panel. Patty Ferguson-Bohnee is the director of the Indian Legal Clinic, faculty director of the Indian Legal Program and clinical professor of law at the Sandra Day O'Connor College of Law at Arizona State University. She has assisted in complex voting rights litigation on behalf of Tribes and has drafted amicus briefs to the United States Supreme Court for Tribal clients with respect to voting rights issues. She serves as a Native Vote Election Protection Coordinator for the State of Arizona and has testified before Congress regarding Indian voting issues. Professor Ferguson-Bohnee received her bachelor's degree with honors in Native American studies with an emphasis in policy and law from the Stanford University and her Juris Doctorate from Columbia University School of Law with a certificate in foreign and comparative law. Thank you and welcome. Mr. Norquay is a member of the Turtle Mountain Band of Chippewa Indians in North Dakota, and he was denied the right to vote in 2014 due to his lack of an ID showing a residential address. Mr. Norquay was an individual plaintiff in the North Dakota voter ID litigation, and he is a veteran of the United States Marine Corps. Thank you, sir, and thank you for your service. Jacqueline De Leon is an attorney with the Native American Rights Fund, also known as NARF, and she is an enrolled member of the Isleta Pueblo. As an attorney at NARF, she helps lead field hearings across Indian Country on Native American voting rights, and she practices ongoing voter rights litigation. Prior to her work at NARF, Ms. De Leon was a senior associate at WilmerHale for 4 years focusing on international antitrust and litigation. She holds a J.D. from Stanford and a B.A. from Princeton University in philosophy. Ms. De Leon clerked for Judge William H. Walls of the United States District Court for the District of New Jersey and Chief Justice Dana Fabe of the Alaska Supreme Court. Welcome all. We will begin with you, and we will give you each five minutes. Remember, when the light comes on, begin. When you see yellow, you know you have one minute, and when you see red, please wrap up. Ms. Ferguson-Bohnee, you are now recognized for five minutes. STATEMENTS OF PATRICIA FERGUSON-BOHNEE, DIRECTOR, INDIAN LEGAL CLINIC, SANDRA DAY O'CONNOR COLLEGE OF LAW, PHOENIX, ARIZONA; ELVIS NORQUAY, MEMBER, TURTLE MOUNTAIN RESERVATION, ROLLA, NORTH DAKOTA; AND JACQUELINE DE LEON, STAFF ATTORNEY, NATIVE AMERICAN RIGHTS FUND, BOULDER, COLORADO STATEMENT OF PATRICIA FERGUSON-BOHNEE Ms. Ferguson-Bohnee. Thank you very much. Chairperson Fudge, Ranking Member Davis, and Members of the Committee, thank you for inviting me to testify today. In my work, I have viewed firsthand the threats to Native American voting rights and the need for vigilant protection of the right to vote. Congress has the duty to fulfill its unique trust obligation to Native Americans, including in matters of voting. The trust responsibility is a well-established legal obligation that originates from the historical relationship between the U.S. and Indian Tribes as set forth in Article I, section 8, of the U.S. Constitution. Under the trust responsibility, the U.S. must ensure the protection of Tribal and individual Indian lands, assets, resources, and treaty and similarly recognized rights. While States have a duty to provide equal protection and ensure that Tribal citizens have equal access to voting, in many cases, they fail to do so. The Supreme Court has recognized that the States are the deadliest enemies of Tribes and that Congress has the responsibility to legislate with respect to Tribes when State governments cannot be trusted to do so. So let's just look at a little bit of history. When Congress passed the Indian Citizenship Act in 1924, States prevented Indians from registering to vote and from voting. Representative Lujan testified about ongoing barriers whenever Native people received that right to vote when they became citizens, but they were denied that right. And while the Voting Rights Act improved voting for Indians, Native Americans continue to face obstacles. In recent years, States and counties have taken actions to reduce Native American voter participation by failing to comply with section 203 language requirements, packing Indians into districts to reduce voting strength, closing polling locations, and passing strict voter ID laws. Further, many of the voting barriers faced by Tribal people result from systemic issues that Congress has failed to address. These include disproportionately poor levels of health, education, and employment. On many reservations, Indians lack access to basic services and modern-day conveniences. On-reservation voters have different experiences, opportunities, and realities than off-reservation voters. Isolating conditions, such as language, socioeconomic disparities, lack of transportation, lack of residential addresses, lack of access to mail, the digital divide, and distance are a few of the factors that impede Native American political participation. Today, States and counties either fail to consider these realities or intentionally exploit them in ways that give rise to modern forms of voter suppression we see in Indian Country. Many of the methods to overcome these barriers are outside of the control of the individual Tribal voter. Let's take, for example, the issue of nontraditional addresses and lack of home mail delivery. Approximately 80 percent of the U.S. population lives in urban areas while many Native Americans and Alaskan Natives live in rural communities. These rural Indian communities lack residential street addresses, and locations for homes are usually described by landmarks, crossroads, and directions. It is important to recognize that, for reservation residents, at-home mail delivery is uncommon, residential addresses may not exist, and residents primarily rely on shared P.O. boxes for mail delivery. Unlike most post office locations, those located on reservations lack 24/7 access and have restricted hours. Distances can be great with some reservation residents traveling up to 70 miles in one direction to receive mail. Across Indian Country, Native Americans have difficulty voting because of these residential addresses. It impacts all aspects of voting including getting mail, registering to vote, and complying with voter ID requirements. We have seen this in South Dakota, North Dakota, Washington, California, and Arizona. Now, the lack of safe and reliable mail delivery was a factor in the Ninth's Circuit recent decision overturning Arizona's ballot collection law. Ballot collection is a method of increasing turnout utilized largely by Hispanic and Native American communities. In Arizona, only 18 percent of Natives receive mail at home. This, coupled with lack of transportation, makes it difficult for Indians to vote by mail. In overturning the law, the Ninth Circuit found that Arizona acted with racially discriminatory intent in violation of section 2 of the Voting Rights Act and the 15th Amendment when passing the ballot collection law. It is also important to note that Arizona tried to implement a ban on ballot collection in 2011 but withdrew it during the preclearance process. This example illustrates the need for ongoing measures to protect Native American voters. U.S. Supreme Court Justice Hugo Black said great Nations, like great men, should keep their word. It has been 96 years since the Indian Citizenship Act, and the promise of the Native American franchise has yet to be kept. However, Congress has the power and the duty to keep that promise. Thank you for allowing me to testify today. [The statement of Ms. Ferguson-Bohnee follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairperson Fudge. Thank you very much. Mr. Norquay, you are recognized for five minutes, and again, I thank you for your service. STATEMENT OF ELVIS NORQUAY Mr. Norquay. Thank you, ma'am. My name is Elvis A. Norquay, and I am from the Turtle Mountain band of Chippewa Indians. I am a veteran of the United States Marine Corps. I am a citizen of the United States. I have lived on and around the Turtle Mountain Reservation over the past 30 years. In November 2014, I went to the KC hall to vote but was turned away. I have voted many times for years before being turned away. I was always happy to go vote. Being turned away knocked me down. It turned out North Dakota started requiring ID and addresses to vote. I didn't have an ID with an address on it. We are homegrown people. We don't need the residential ID. We know where everybody lives. Sometimes the homes on the reservation don't have addresses, and sometimes people don't have homes. I have been a homeless veteran. So sometimes I don't have an address. I don't have a car. I can't afford to get an ID. I still think I deserve to vote. Voting means to make our country better and see who can run it better. Thank you. [The statement of Mr. Norquay follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairperson Fudge. Thank you. And yes, you do deserve to vote. Ms. De Leon, you are recognized for five minutes. STATEMENT OF JACQUELINE DE LEON Ms. De Leon. Thank you, Chairman Lofgren and Ranking Member Davis, Chairperson Fudge, and Members of the Subcommittee for having me here today. Thank you, Congressman Lujan and Senator Udall, for introducing the Native American Voting Rights Act. I am here to testify in support of this important bill. My name is Jacqueline De Leon. I am a member of the Isleta Pueblo and a staff attorney for the Native American Rights Fund, the Nation's oldest and largest nonprofit law firm dedicated to advancing the rights of Native Americans. In 2015, NARF began the Native American Voting Rights Coalition focused on increasing Native American access to the political process. Over two years, the NAVRC completed a series of nine field hearings on the state of voting rights in Indian Country. I, along with NARF's pro bono counsel, Dr. James Tucker, had the honor of attending all of these hearings; 125 witnesses shared their experiences of voting. I am carrying their stories with me here today. Unfortunately, I come with dire news. Native Americans are facing an onslaught of unjust barriers that keep them from voting. Today I am going to focus on conditions that would be improved by NAVRA: the unreasonable distance many Tribal members must travel to register and cast their votes, identification requirements, and the importance of flexible language provisions. Finally, I will provide the Committee with a few instances of overt racism which highlight the need for Federal reform. Native Americans have to travel, frankly, absurd distances to register. Voters from Nevada Tribes identified travel distance as the single biggest obstacle to registering. The closest elections office to the Duckwater Reservation is 140 miles each way. Pyramid Lake faces a 100-mile round trip, and the Walker River Reservation faces 70 miles. NAVRA's extension of NVRA requirements to Federal programs servicing Native people increases registration opportunities if States are required to give registrations with SNAP applications. The Department of Agriculture should likewise be required to give out and collect registration forms for their commodity program. Additionally, polling places are usually located in Non- Native communities. In Bighorn County, Montana, Native voters must travel twice as far to reach their polling elections as non-Natives. This is but one example of many. Long distances are costly because they take time to travel, require missed work, childcare, a vehicle, and gas money. What is more, this travel is on dirt roads which may be impassable in the winter month of November. But even more damaging is the message that remote polling places convey to voting Tribal members. These distances communicate: Your vote doesn't matter. The system is not for you. Mandating polling places on Tribal lands, as NAVRA does, will dramatically decrease travel time for thousands of Native Americans across the country, and this is much-needed reform. Next, it is unreasonably difficult for many Native Americans to get State IDs. State-run DMVs are far. For example, in Keshena, Wisconsin, Tribal members must travel over an hour to get to the nearest DMV that is regularly open. Additionally, for impoverished Native Americans, even nominal fees can present a barrier, yet Tribal IDs are not automatically accepted. Just last week, South Dakota's House rejected allowing Tribal IDs to register to vote. NAVRA's provision mandating acceptance of Tribal IDs allows Tribes to provide IDs to their own members so they can vote. Section 203 of the Voting Rights Act removes language barriers by requiring covered jurisdictions to provide language assistance. NAVRA would provide necessary relief by extending section 203 to Native voters whose languages are traditionally unwritten. Finally, discrimination is not just a relic of the past or the effect of past wrongs. Native Americans continue to experience discrimination when they attempt to vote. In Arizona, racial tensions are so high between the Kaibab Band of Paiute Indians and the border town next to the reservation that border town residents regularly block the flow of water into the reservation. And for years, Tribal members were forced to vote in that same border town. In South Dakota, voters were forced to vote in a repurposed chicken coop. In Montana, the number of registration cards accepted by county officials from Native community organizations was arbitrarily limited to 70, creating an unnecessary barrier to registration. In South Dakota, the Buffalo County seat located in Gann Valley has full early voting access. Gann Valley only has a population of 12 people. And yet 25 miles away on the Crow Creek Reservation, Fort Thompson's 1,200 residents had no early voting. Despite calls from activists to provide a polling location in Fort Thompson and despite HAVA funding being available, the county auditor refused and instead decided to forego the usage of the funds altogether. It is these local discriminatory actions that call out for Federal relief and oversight. In sum, as one Tribal member explained, yes, I would like you, person at the poll, to respect me as a Native American, respect my culture. But if you can't do that, treat me as a human being and respect my elders and respect my children. Likewise, we ask for no more and no less than equal opportunity for all Native Americans to vote. Thank you for having me here today, and I am happy to answer any questions. [The statement of Ms. De Leon follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairperson Fudge. Thank you very, very much. Mr. Aguilar, you are recognized for five minutes. Mr. Aguilar. Thank you, Madam Chair. Mr. Norquay, thank you for sharing your story with us. In your testimony, you bring up that you believe you still have a right to vote. I share that belief. I hope everyone on this dais shares that belief. It must be difficult and confusing to comply with North Dakota's voter ID laws. From what I understand, voter ID laws in North Dakota have changed three times in the past five years. As Federal legislators, we want to make sure we develop and pass policies that make it easier for people to vote. It is disheartening to hear that you were turned away and not allowed to vote. So my question is, what do you think can be done to ensure that you and friends aren't unfairly turned away from the voting polls? What more can we do to be helpful? Mr. Norquay. Okay. The people of Turtle Mountain, they got free IDs, and a lot of those people, they don't know what that means because they--how do you say that? They don't know what it means. Mr. Aguilar. Yes. Mr. Norquay. And a lot of them are older. Older. They don't have--they can't go far and stuff like that. I think just make it better for the people and transportation and, you know, closer voting. Closer voting because we have to go miles to vote around. Like I said, we know everybody around there, and some of us don't have vehicles, you know. And it costs us $20 to catch a ride to the voting booth, and, you know, that is $20 out of your pocket so you can't buy an ID card. What the Tribe did, they gave free IDs for a little while. Now we have to pay $15 for it. I don't think that is right for the people. Mr. Aguilar. Thank you for sharing your story. Ms. Ferguson-Bohnee, good to see you again. You joined us in Arizona, I believe, as well. Can you talk a little bit about--I asked the previous panel about voting centers. Can you talk a little bit about how that is being implemented in Arizona, what barriers still exist with the voting center concept, and what more we could do to ensure that more individuals have access? Ms. Ferguson-Bohnee. Sure. So, right now, the counties decide whether or not to implement voting centers. And if you have a vote center, then anyone within that county has an opportunity to vote at that vote center by ballot on demand. However, in places with large numbers of Native Americans, there are not vote centers, and you have to vote at your precinct. And if you don't vote at your precinct, then your ballot is not counted. And that was part of decision that the Ninth Circuit ruled I think on January 23rd, that out-of- precinct voting disproportionately impacted Native American voters, and so since they would discard the whole ballot, that now counties will have to count those parts of the ballot that are statewide or Federal, so they do not discard the whole ballot. But there was a finding by the court that it disproportionately affects Native American voters. Mr. Aguilar. Great. I appreciate it. I am sure the Ranking Member is going to talk a little bit about that Ninth Circuit decision in his line of questioning. I did want to ask you, Ms. Ferguson-Bohnee. Have Arizona policymakers acted differently since preclearance is no longer required? What changes have you seen from a policymaking perspective since preclearance is no longer required? Ms. Ferguson-Bohnee. There has definitely been a difference. The first election after preclearance was no longer the case of--that a lot of polling locations were closed. There was a lawsuit, and the county at the time, Maricopa County, said they did not consider the impact on minority communities. So, before, when a law was changed or a policy was made, there would have to be an assessment on, would this disparately impact Native American communities or Hispanics or African Americans? And they have not been doing that. They have actually been introducing laws such as the ballot collection law. They have also introduced a law which requires individuals to show ID when you vote early in person. Well, who is going to be more likely to do that? That is going to be Native American voters because they don't have access to the mail. While other voters who vote early, most of the voters in the State of Arizona, the non-Native voters vote by mail, and their identification is verified through their signature. And then we have a number of new laws that are introduced this session, and I think Attorney General McPaul stated that there is an effort to undermine the settlement that the Navajo Nation reached on ballot curing. Mr. Aguilar. Thank you. I appreciate it. Thank you, Madam Chair. I yield back. Chairperson Fudge. Thank you. Mr. Davis, you are recognized for five minutes. Mr. Davis of Illinois. Thank you, Madam Chair. Mr. Norquay, thank you for your service to the United States Marines. I am sorry to hear what happened in 2014. Were you able to vote in 2016? Mr. Norquay. Yes. I got a new ID, a residential ID. Mr. Davis of Illinois. And 2018? Mr. Norquay. Yes. Mr. Davis of Illinois. Okay. Thank you again for your testimony today here and for being here today too. Ms. Ferguson-Bohnee, are you familiar with a gentleman who teaches at Arizona State University's law school, Chad Noreuil? Ms. Ferguson-Bohnee. Yes, I am. Mr. Davis of Illinois. What can you tell this Committee about Mr. Noreuil? Is he active in any of these issues that you are testifying on today? Ms. Ferguson-Bohnee. Not to my knowledge. Mr. Davis of Illinois. Is he actually competent in anything that he does? Ms. Ferguson-Bohnee. Yes. Mr. Davis of Illinois. Oh, good. He told me to tell you to stop by his office a little more. Chad was the best man in my wedding. I have known him for 40 years. Sorry I didn't get a chance to talk to you beforehand. I wanted to make sure that I made you feel a little uncomfortable here as a witness by talking about him, but---- Ms. Ferguson-Bohnee. Thank you. He is a nice guy. Mr. Davis of Illinois. He said hello. I welcome your testimony today. Some of the issues, especially the responses to Mr. Aguilar's questions I thought were very interesting, and we look forward to working with you on many of these issues. But, again, make sure you stop by his office and say hello a little more, all right? Ms. Ferguson-Bohnee. Thank you. Mr. Davis of Illinois. Ms. De Leon, great to see you again. I enjoyed your testimony in North Dakota. Ms. De Leon. Thank you. Mr. Davis of Illinois. In North Dakota, you said that Native American voter turnout for the 2018 midterm elections set an all-time high for a midterm election in North Dakota. That is great news, and as I said there, it should be celebrated. You know, be it your grassroots involvement of effort and especially getting the youth involved from Turtle Mountain Reservation who led the march to the polls, those are techniques that I think should be utilized everywhere. What can be done to continue this type of engagement? Ms. De Leon. Yes. So thank you so much for the question. North Dakota is a perfect example of the type of litigation that is now necessary to be brought. It is incredibly costly. NARF brought a case over the course of almost four years and nearly a million dollars spent to articulate the injustice that was going on there, that the State of North Dakota was requiring an address on an ID in order to vote when the North Dakota Tribal members did not have addresses. In response, the people were outraged and took that outrage, and they organized, and like you said, the highest turnout in record, which we are thrilled about. But outrage will fade, but the law is going to remain. And so, in time, the barrier is going to remain erected, and people are still going to continue to have a problem voting, which is why, in North Dakota, like elsewhere, there shouldn't have to be that expenditure in order to get a just result--you know, of litigation in order to get a just result. I think, instead, Federal action like you can perform here would prevent the need for that type of litigation in the first place. And places like Washington State and, Nevada, where they brought a successful lawsuit, can then see that increase in voter registration and turnout. Mr. Davis of Illinois. What is the process for one to register to vote in North Dakota? Ms. De Leon. There is no registration in North Dakota. Mr. Davis of Illinois. So you have zero voter registration? Ms. De Leon. That is right. Mr. Davis of Illinois. If you prove you live in the State, you can go vote that day? Ms. De Leon. Well, I don't think you have to prove that you live in a State. What you have to do is be a United States citizen and be a resident of North Dakota, and those are the qualifications to vote. Mr. Davis of Illinois. Would you encourage a voter registration process like in my home State of Illinois or possibly Arizona or Ohio or California? Ms. De Leon. Registration is the province of the States, and I respect their authority on that. Mr. Davis of Illinois. Okay. You don't have a preference. Ms. De Leon. I really don't have a preference as long as there is equal access for every individual. Mr. Davis of Illinois. Okay. Do you foresee any issues where nongovernmental entities like NARF who apply and are granted funds to administer election functions on reservations instead of the Tribes--I mean, you mentioned funding was a big problem. Do you see--you know, my question is, you know--I would assume the Tribes would benefit from election security dollars and election administration dollars more so than the independent groups. What do you see? Ms. De Leon. I am not sure what you are referring to. I know that---- Mr. Davis of Illinois. Federal dollars are going to flow to increase the amount of turnout among Native Americans. Do you think the money should be sent directly to the Tribes, or do you think it should go to outside entities like NARF, for example? Ms. De Leon. It depends on what function is being performed. I think that NARF serves a critical function like you have seen, in North Dakota to highlight injustices across the country and to bring attention to places, and solutions, to places where people are denied the access to vote. But, of course, funding should also be provided directly to Tribes and State and county governments so that they can fulfill their polling location obligations. Mr. Davis of Illinois. Thank you. Ms. De Leon. Thank you. Chairperson Fudge. Thank you, Mr. Davis. Let me just ask both of the attorneys. Section 2 we know is a very time-consuming and expensive way to litigate the voting rights issue. Why do you think we are forced to do that? Help me understand why you feel that--as my colleagues would try to say, you know, ``Voting was up, so what is your problem, you know, all good.'' Tell me why that is not true. Ms. Ferguson-Bohnee. Well, I think one reason which has been highlighted through the work of the Native American Voting Rights Coalition is that there hasn't been a lot of attention paid to the issues faced by Native American voters, and the U.S. Department of Justice since 2000 has only brought one case on behalf of Native American voters, and that is a 2010 case. And Native Americans are dispersed across the country. So there hasn't been a lot of commitment to work with Native people. I think that is why Congress should use their function to investigate this issue and assist Tribes in the efforts to ensure that Native Americans are active participants in democracy. Ms. De Leon. Thank you so much for the question. I think that section 2 provides an opportunity for relief in areas that don't necessarily receive a lot of attention, and it can bring to light injustices that are taking place. But like you said, it is incredibly costly. You know, not just proving intentional discrimination, but just proving discrimination itself costs a lot of money. So, for example, in North Dakota, we had to show that it was especially difficult for Native Americans to receive IDs. We had to employ an expert that had to map the average distance for a Native American versus a non-Native American to reach a driver's license site, for example, and in that case, there was a huge disparity. But that type of evidence and building that kind of evidence, it requires a lot of upfront cost. And so, you know, we have been able to identify some specific barriers, and we think that, with some congressional action, we can forego having to litigate over and over again. Chairperson Fudge. And still with you, Ms. De Leon. How did it make you feel to know that the authorities had the resources to put a polling place, to create a Tribal voting polling place, and refused to do it? How did that make you feel? Ms. De Leon. So, over the course of these field hearings, I had the honor of listening to testimony, heartbreaking testimony across the country of people and the injustices that they were facing, the lack of respect given to them, and hear how heartbroken they were when they tried to vote and it was just too hard or too far or they were stopped. And, you know, in the case of Buffalo County, I mean, it made me, frankly, infuriated. I think that it is wrong that, if there is funding available, that you are choosing to forego increasing the right or the opportunity for individuals to vote. I will say that, through the activism of individuals in South Dakota, that county auditor was removed from office and was replaced by a Native American county auditor, which was a great success story. I will also say that I have talked to that county auditor, and she is facing severe discrimination right now by her coworkers and by the State government. Chairperson Fudge. Thank you. Mr. Norquay, let me apologize on behalf of this Nation for your treatment, especially as one who has served this country. I apologize to you. Now, let me just ask quickly. What is something that you think we can do right away to make the situation, especially on Tribal lands, better for this election this year? We will start with Ms. Ferguson-Bohnee, and we will just go right down the line. Ms. Ferguson-Bohnee. I definitely think there needs to be more access to funding so that Tribes can have access to voter registration, polling locations, and language translations. We saw in the Navajo Nation litigation that one big obstacle faced by the Tribe where the county is saying that they don't have the resources to meet their obligations under Federal law. Do they have the resources? I don't know, but that is an excuse that has been used to not provide equal access to Navajo voters in Arizona and other voters in Arizona. And I just want to mention that some voters in Arizona have to travel five hours, 280 miles, to participate in in-person early voting, and that should not be the case. If in-person early voting is offered, everyone should have access to in- person early voting. Chairperson Fudge. Thank you. Mr. Norquay. Mr. Norquay. I think they should have, like, the State and the Tribal government both together--they are separated you know, like, one side, this side, that side, you know. And the people don't get to intertwine, you know, speak about their representatives. And, you know, they go their own way, and they don't go to the other side because, you know, they got different opinions about it. And like you said, the polling places, they have got to come together. Chairperson Fudge. Thank you. Ms. De Leon. So, first, I know it would be wonderful if you passed NAVRA and provide a polling place on every Tribal reservation. But absent that, I think that it would be helpful to issue Federal guidance to indicate that polling places are even allowed on reservations. I know that a lot of times, local county officials just may be unaware of that fact that polling places are allowed and it is encouraged. And, you know, the Federal Government can encourage or can bring litigation under section 2 as well. And given the well-documented discrimination facing Native Americans, we encourage them to do so. Chairperson Fudge. Thank you. And I thank you all so very much. And in conclusion, I would just like to make a short statement for the record. Being an African American, I clearly understand discrimination. I know it when I see it, and I have seen it throughout this process as we have traveled this country. But those who have not faced discrimination tend to find ways to explain it away. They always want to make it that, you know, ``Well, you overcame, so it is okay.'' It is not okay. So I would say to you that it is going to continue to be difficult, but it is our responsibility as people who represent the Federal Government to protect protected classes of people, and we are going to do our very best to make it better. I don't know where we go from here, but I do know this: We are going to continue to expose the problem. We are going to continue to try to address the problem, and we thank you for every day for trying to make it better on your own. And, with that, if there is nothing further, I would thank you again, and, without objection, this Subcommittee stands adjourned. [Whereupon, at 11:28 a.m., the Subcommittee was adjourned.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]