Achieving Electoral Equity After Brnovich: A Case Study of Native Activism in Nevada

Four Directions Native Vote’s work in Nevada during the 2022 Midterm election cycle was recently featured in a research paper by Claremont Graduate University Professor of Political Science Dr. Jean Schroedel, California Polytechnic University Pomona Professor of Political Science Dr. Joseph Dietrich, University of Minnesota Law Student David Lindgren, and Claremont Graduate University Associate Professor of International Studies Melissa Rogers.

Abstract:  Over the past decade, cross-state differences in election laws and practices have increased dramatically with some states passing laws that reduced electoral barriers, while other states have tightened access, citing concerns about ballot security.  Not surprisingly, voting rights activists have focused attention on the restrictive states, but that ignores the role of local election officials, who handle the actual administration of elections. In this paper, we present a case study, tracing the struggle of Shoshone and Paiute tribal leaders, Native activists and lawyers to force Elko County election officials to provide electoral access on the Duck Valley Reservation in northern Nevada, where voters had to travel 200 miles round trip to vote.  After county officials refused the request for an early voting site and Election Day polling place, the Tribes asked a judge in state court to issue an emergency injunction. Tribal lawyers argued the county was violating state law and a newly adopted provision in the state constitution, which committed the state to providing “equal access to the elections system without discrimination.”  This case study serves as an important reminder of the discretionary power wielded by local election officials.  Also, it presents a potential roadmap for fighting voting abuses, using state laws and courts, which is particularly important, given the Supreme Court’s Brnovich v. Democratic Central Committee (2021) ruling.”

Read the full paper below:

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