The Shoshone-Paiute Tribes of the Duck Valley Indian Reservation were facing grossly unequal voting opportunities going into the 2022 midterm elections. The majority white residents of Elko, NV had 108 hours of early voting and same-day registration opportunities. On Election Day, Elko residents could vote from 7:00 a.m. to 7:00 p.m., totaling 120 hours of registration and voting opportunities during the early voting and Election Day period.
On the Duck Valley Indian Reservation, Elko County had agreed to provide only eight hours of early voting and same-day registration—with zero opportunities for in-person Election Day voting or registration. The county had only agreed to a single location being open for four hours on two Fridays prior to the election on the Duck Valley Indian Reservation. If a tribal member wanted to register to vote or vote outside of those eight hours, they would have had to travel approximately 200 miles, or three hours and 34 minutes on a round-trip basis.
According to the 2020 census, the median household income of Elko County is approximately $79,000, compared to $46,000 in Owyhee. Elko’s 15x more hours of voting opportunities only served to compound the already present voting inequality with the fact of its relative prosperity compared to Owyhee.
The Constitution of Nevada requires the voting process be equally open for white and minority voters alike. If white voters are afforded easier access to the polls, that same level of access must be provided to minority voters. Elko County had refused to establish polling sites on the Reservation to correct this inequality, and the Shoshone-Paiute Tribe sought legal relief as a result. As noted by Brian Mason, Chairman of the Shoshone-Paiute Tribes, “We made the request for in-person voting access in a timely fashion as per the Nevada statute—on the form authorized by Nevada’s Secretary of State. Elko County refuses to comply with the Constitution and leaves us no recourse other than litigation.”
Four Directions Native Vote had to intervene.
On September 16, 2022, with litigation resources provided by Four Directions, the Shoshone-Paiute filed a lawsuit against Elko County, its County Commissioners, County Clerk, Deputy County Clerks, and Chief Deputy County Clerk.
A major hurdle to the Shoshone-Paiute’s access to voting was the fact that its tribal IDs lacked a physical address, a requirement of Nevada voting laws. Four Directions reached an agreement with the Nevada Secretary of State and Elko County officials, which stipulated the tribal government would create an affidavit certifying where residents lived. This would be in lieu of a physical address on their tribal IDs.
Four Directions’ creative thinking allowed the county and tribe to reach a settlement on October 26, 2022. As a result, the Duck Valley Reservation would be granted the following:
- An early polling location on five days before the general election day
- A ballot box on Election Day
- 12 days of early in-person voting
- In-person voting on Election Day for the 2023 election
“We were given citizenship in 1924, and it took us until 2022 to acquire equal access in the Electoral Process,” said Chairman Mason.
This historic settlement that Four Directions worked out helped the Shoshone-Paiute achieve equal access to voting opportunities for not only 2023, but also 2024 and beyond.
The work Four Directions did in Elko County appeared in a recent research article regarding the aftereffects of Brnovich v. Democratic National Committee. Click here to read more.
