The calls started coming in to the Arizona Native vote election protection hotline around 6am on election day.
Voters in Apache county, where a sizable chunk of the population is Diné, also known as Navajo, were seeing problems at the polls. One location was locked and several others were having trouble printing ballots, according to an affidavit filed in state court. As the day went on, voters reported hours-long waits and observers reported that people were leaving. A local judge would eventually agree to extend voting in nine precincts in the county by two hours.
“It was just a mess from what we could tell and from our folks,” said Jaynie Parrish, the executive director of Arizona Native Vote, a nonprofit civic engagement organization focused on Native communities.
While delays in opening polling sites and glitches that lead to long lines are not uncommon, they can be particularly acute in Native communities, where voters can travel hours to get to the polls and face other unique barriers, like non-traditional addresses and language access issues. Taken together, those barriers result in a significant gap between turnout among those living on tribal lands and those who live off of them, according to a new study from the Brennan Center for Justice, a nonprofit that studies voting rights and elections.
“There are systemic issues that prevent Natives from getting to the ballot box – some intentional,” said Samantha Blencke, a staff attorney with the Native American Rights Fund, which had poll watchers in six states this election. For a voter who travels a far distance to cast a ballot, a polling place not opening on time could make a big difference, she said. “That’s it,” she said. “That’s their one shot to vote.”
Native American voters are an influential voting bloc in Arizona, where they comprise 5% of the population. Both Republicans and Democrats courted Native voters this year. Election results analyzed by the New York Times showed that Donald Trump gained in many counties where Native Americans comprise a majority of the population.
In addition to long travel times, Native voters also face a litany of unique hurdles. Many lack traditional addresses, making it more difficult to vote by mail. Tribal identification cards can get rejected at the polls. And there can be significant issues in translating ballots into Native languages.
Turnout among those living on tribal lands was on average 11 points lower than turnout among people living off them between 2012 and 2022, according to the Brennan Center’s study. In presidential elections, the gap was 15 points.
Tribal lands that had the highest share of Native voters also had the lowest turnout rates, the study found. And those who live on tribal lands were also less likely to use mail-in voting than those who lived off them.
“These findings demonstrate that Native Americans living on tribal lands are uniquely disenfranchised and demobilized from participating in federal elections,” the report says.
This year, after election day, Navajo voters sued Apache county again. Arizona gives voters five days after election day to address any issues with mail-in ballots. But county officials had delayed making public the number of voters who had problems with their ballots until two days before the deadline, the lawsuit said. With just two days left, they notified that there were 182 people who needed to cure their ballots, setting off a scramble to contact them.
A judge rejected the request after elections employees said they had made a reasonable effort to contact anyone who was at risk of having their ballot rejected.
For years, Leonard Gorman, the executive director of the Navajo Nation Human Rights Commission has been concerned about the way ballots have been translated into Navajo. Translation is required under the Voting Rights Act, and accurately describing things like ballot measures on abortion and fentanyl can be immensely challenging, Votebeat reported earlier this year. Navajo is a historically oral language, and translators come up with audio that those who are not proficient in English can listen to at the polls, according to Votebeat.
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Over the years, Gorman said he’s heard glitches and poorly worded audio. And when he showed up at a polling location in Apache county in late October, the machine that offered the audio translation wasn’t working, he said.
“It only said in literal translation or interpretation: ‘If you want to listen to the ballot, press any button,’” he said. When he pressed a button, the instruction would simply repeat. “That was the worst experience I’ve ever had.”
Apache county election officials did not respond to an interview request.
Chelsea Jones, a researcher at the Brennan Center who co-authored the nonprofit’s study, said its findings showed that people who live on tribal lands face unique barriers that haven’t thus far been addressed by federal laws. A piece of legislation, the Native American Voting Rights Act, that would address many of the systemic challenges Native voters face, has stalled in Congress.
“Any of these common ways that we participate in elections have really layers of barriers for people who live on tribal lands,” Jones said. “Each of those numbers represent hundreds of thousands of people who are not able to or have a harder time participating. And so that’s what’s the hardest for us to grasp is that this many people are being left out of what is a fundamental right for all Americans.”
