Native voting-rights advocates contend two Arizona laws have made it more difficult for Native American voters to be civically engaged, despite already existing structural barriers.
Patty Ferguson-Bohnee, director of the Indian Legal Clinic at Arizona State University, said House Bill 2492 and House Bill 2243 will unfairly impact native voters.
House Bill 2492 said voters must present evidence of a physical mailing address, which Ferguson-Bohnee pointed out will present problems for many native people who simply do not have one. House Bill 2243 requires county recorders to terminate a voter's registration if they suspect someone is not a U.S. citizen. The pieces of legislation are being challenged in court but Ferguson-Bohnee argued education and outreach are also key.
"Trying to translate to tribal people in their own terms, in their own communities, why it's important to participate in voting can already be a challenge when you're dealing with a legal infrastructure that has tried to deny your existence," Ferguson-Bohnee asserted.
Just last month the U.S. House of Representatives released a report examining barriers and providing policy solutions, including the Native American Voting Rights Act, which would establish "consistent standards" for voting throughout Indian Country.
Ferguson-Bohnee encouraged all voters to participate in elections. For native people experiencing difficulties registering to vote or having problems on Election Day, she urged them to call the Election Protection Hotline at 866-687-8683.
Ferguson-Bohnee emphasized when it comes to Native American voting, there have been steps forward and then backward. Despite President Joe Biden having selected Deb Haaland to serve as the U.S. Secretary of the Interior, many still feel voiceless and lack confidence in Washington D.C. leaders.
"There is some feeling within Indian Country and among some Native people is, 'Why should I be participating in this process?'" Ferguson-Bohnee observed. "But when you recognize that people who are elected actually have touch pointed in your everyday life, even if you're in a remote location, because of this federal trust relationship."
Ferguson-Bohnee added realities on reservations are often very different from off the reservation and contended it should be taken into account by elected officials when creating policy affecting the entire state of Arizona.
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Voting rights advocates in Texas are speaking out against a proof-of-citizenship bill before lawmakers.
Senate Bill 16 would require new registrants and some existing registered voters to prove they are U.S. citizens.
Amber Mills, issue advocacy director for the Move Texas Civic Fund, said the requirement would be in addition to what the state already does to check someone's eligibility.
"When you're completing a voter form, you do also have to submit either your driver's license number or your Social Security number," Mills pointed out. "That's really important because that is how the state verifies who you are, and that's a key indicator that they use to protect their databases on the back end."
Even if you were born in the U.S., the bill could require you to show proof of citizenship with a passport or birth certificate matching your current name. According to the Secure Democracy Foundation, more than 38% percent of rural and small-town Texans do not have a passport.
Anyone who cannot prove citizenship would be placed on a separate voter roll and could only cast ballots in the U.S. House and Senate races.
Emily French, policy director for the advocacy group Common Cause Texas, said the additional barriers could prevent many residents from casting their votes in local, state and presidential races.
"All the DPS systems, all the immigration systems which say that they are citizens, but there can still be mistakes that mark them as noncitizens and could throw them off the voter rolls until they come in with these documents that they don't have," French explained.
The bill directs the Texas Secretary of State's Office to check all registered voters' status by the end of the year and send the names of registered voters who have not proven their citizenship before September 2025 to county elections offices.
Mills noted if you are flagged, there is no online system to comply with the request and all paperwork must be submitted in person.
"We are not disputing the goal of having only eligible citizens on the voter rolls, but we know that Texas already has strong systems in place," Mills emphasized. "It's ultimately the state's responsibility, the county's responsibility to do these voter roll checks, but what SB 16 would do is not change any of that, not improve any of that. It would just add an additional burden."
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Legal groups are weighing an appeal after a court ruling this week that left voters in several states, including North Dakota, at a disadvantage in making use of the Voting Rights Act.
At issue is their ability to sue based on racial discrimination. A three-judge panel with the 8th Circuit Court of Appeals struck down a pathway under Section Two of the landmark law for voters to bring lawsuits if they feel local and state election policies have violated their civil rights. The decision stems from a recent redistricting victory for a pair of Native American Tribes in North Dakota.
Mark Gaber, senior director of redistricting for the Campaign Legal Center, said he was shocked by the latest outcome.
"The Eighth Circuit Court of Appeals has done what no court in the country has ever done, and there's been 400-plus Voting Rights Act cases filed for decades," Gaber pointed out.
The decision affirmed a ruling from the full 8th Circuit, which said language in this section of the law does not specifically mention private individuals. One judge filed a dissenting opinion. The 8th Circuit covers seven states, and civil rights groups said if the outcome stands, voters in those states would have to lobby the Justice Department to bring a case forward.
Gaber noted the problem with asking the Justice Department is, the agency is not equipped to move quickly on such requests.
"They simply don't have the resources," Gaber pointed out. "The individual voters who are familiar with what is happening in their localities and on the ground are frankly, in many cases, better suited to bring these cases."
The Justice Department is also part of budget-cutting moves by the Trump administration. Meanwhile, the Native American Rights Fund said this week's ruling sets a dangerous precedent for minority voters who do not want to be silenced.
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Montana Gov. Greg Gianforte has seen the last few bills of the 2025 legislative session cross his desk and as the ink dries, policy experts reminded Montanans some bills will face the courts before they take effect.
Gianforte signed Senate Bill 490, which changes the Election Day cutoff for same-day voter registration from 8 p.m. to noon. It also eliminates early registration the Monday before Election Day, shifting the deadline to 5 p.m. on Saturday.
Zuri Moreno, state legislative director for the advocacy group Forward Montana, said the change especially affects Montanans who drive long distances to vote.
"We've already heard from the courts that you're not supposed to mess around with same-day voter registration," Moreno pointed out. "It just takes away that opportunity for working folks and young folks and rural people across the state."
Montana's Supreme Court ruled last year banning same-day voter registration is unconstitutional. In January, the U.S. Supreme Court declined to hear a challenge to the decision.
Laws passed this session may still be challenged in court, including those centered on the LGBTQ+ community, which was targeted by at least 23 bills. Moreno noted the "community really showed up this session."
"We saw so many folks sharing personal stories and public testimony, so many folks showing up for lobby days and rallies," Moreno recounted. "Thousands of people engaged in the legislative process, which is essential."
In a win for renters, Gianforte also signed House Bill 311 , which requires rental application fees to be returned to people who do not end up signing a lease.
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