September 3, 2020
Media Contact: OJ Semans email: tateota@hotmail.com cell: 605-828-1422
Rosebud Indian Reservation – Four Directions, Inc., a national Native American voting rights organization, assisted members of the Navajo Nation in requesting an emergency motion for preliminary injunctive and declaratory relief against Arizona Secretary of State Katie Hobbs. The proposed order would require Secretary Hobbs count Vote By Mail ballots cast by members of the Navajo Nation postmarked on or before Election Day, November 3, 2020, and received within 10 days, November 13, 2020. The proposed relief would apply to all future elections.
Through extensive research provided by voting rights experts, Four Directions has found the state-enforced requirement that Vote By Mail ballots of members of the Navajo Nation who live on the Navajo Nation Reservation in Arizona, be received no later than 7:00 pm on November 3, 2020, is in violation of Section 2 of the Voting Rights Act of 1965. Native Americans are a “protected class” under the law, which makes it illegal to have any election laws where members of such a class have less opportunity than other members of the electorate to participate in the political process. Adding a requirement of 10 days past Election Day for ballots to be received will ensure that members of the Navajo Nation have equal access to the ballot box.
The emergency motion highlights the non-standard mail service on the Navajo Nation, meaning most residents do not have access to at home delivery and instead must travel to get their mail. At the same time, there are only eleven Reservation post offices and fifteen postal provider offices who service the entire Arizona portion of the Navajo Nation. Apart from the difficulty in obtaining their ballot, members of the Navajo Nation have fewer days in which to cast their mail-in ballot compared with voters in more affluent areas. Accessibility to mail is curtailed by travel distance and roads that are often impassable or poorly maintained, both of which are relevant to assessing the quality of mail service on the Navajo Nation.
“Arizonans can request a mail ballot for this year’s general election as late as 5 p.m, Oct. 23. Given the amount of time it takes to deliver the ballot in the first place, get it filled out and sent back, there’s no way to actually have it arrive by 7 p.m, Nov. 3,” said OJ Semans, Executive Director of Four Directions. “Even if it could arrive on time, there’s still an unconstitutional disparity,” he added. “The public interest favors immediate injunctive relief so that plaintiffs’ votes will be cast and counted this November, and all elections going forward,” said Semans.
The proposed order simply requires Secretary Hobbs to count ballots postmarked on or before Election Day, and will not result in any increased costs as a result. Any possible burden that may be created is outweighed by the current risk of harm to Tribal Members. It is important this emergency order be heard so that the Court can establish an expedited briefing schedule so that a decision may be made prior to October 7, 2020, the first day for Arizona Counties to mail ballots.
Late today, the Trump Campaign moved to intervene in the case.
The motion to intervene by the Trump Campaign and emergency motion and proposed order filed by the plaintiffs’ legal team can be found along with other relevant documents from the case here: http://www.fourdirectionsvote.com/court-cases/
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