The National Congress of American Indians
Resolution #PHX-16-029
TITLE: Encouragement for all Tribal Citizens to Vote and for Re-enactment of Key Provisions of the Voting Rights Act of 1965
WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and submit the following resolution; and
WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and
WHEREAS, Tribal citizens are also citizens of the United States and eligible to vote in all local, state, and federal elections; and
WHEREAS, many jurisdictions throughout the United States have historically passed laws explicitly disenfranchising Native American voters; and
WHEREAS, the Voting Rights Act of 1965 has provided indispensible protections for Native American voters who continue to suffer from discriminatory voting laws and procedures; and
WHEREAS, on January 20, 2016, a group of Native American voters, represented by the Native American Rights Fund, filed suit challenging North Dakota’s voter ID law as violating the federal Constitution and the Voting Rights Act; and
WHEREAS, in early August, 2016, the federal district court in North Dakota enjoined North Dakota’s very restrictive voter identification law because the law violated the constitutional rights of Native Americans in North Dakota by substantially burdening and disproportionately reducing their right to vote; and
WHEREAS, on September 20, 2016, the federal district court required North Dakota to re-institute an affidavit fail-safe that will ensure all qualified voters in North Dakota are permitted to vote by signing an affidavit of residence in North Dakota; and
WHEREAS, that the federal district court needed to invalidate a new state law regarding voter eligibility points out the dangers of the U.S. Supreme Court’s 2013 decision of Shelby County v. Holder, invalidating parts of the Voting Rights Act of 1965 and the enforcement vacuum created by that decision.
NOW THEREFORE BE IT RESOLVED, that the National Congress of American Indians hereby urges all levels of North Dakota state and local government to comply with the federal court’s ruling, and to state clearly on websites and in all other voting eligibility materials available to the public that the affidavit fail-safe will be available in the November, 2016, election; and
BE IF FURTHER RESOLVED, that NCAI hereby urges every eligible Tribal citizen to vote in the upcoming federal, state, local and tribal elections; and
BE IF FURTHER RESOLVED, that NCAI hereby urges the United States Congress to correct the mistaken belief of the Supreme Court that the Voting Rights Act of 1965 is no longer necessary, and to pass a new version of the stricken sections of the Voting Right Act that will survive constitutional scrutiny by the U.S. Supreme Court; and
BE IF FINALLY RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution.
CERTIFICATION
The foregoing resolution was adopted by the General Assembly at the 2016 Annual Session of the National Congress of American Indians, held at the Phoenix Convention Center, October 9th- 14th 2016, with a quorum present.