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Eighty Years of Indian Voting: A Call to Protect Indian Voting Rights

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Danna R. Jackson

Fifty-four years after the 15th Amendment granted all citizens, regardless of race, color, or previous condition of servitude the right to vote, the "Citizenship Act," made Indians citizens, thus granting them protection under the 15th Amendment. [FN2] Despite their U.S. citizenship and accompanying right to vote, historically Indians were prevented from participating in elections. [FN3] Indians were treated in a similar fashion to disenfranchised blacks in the pre-Civil Rights Act South. Unfortunately, situations such as that described by Mrs. Denetclaw were far too numerous. Indians were among the last group of people to secure the right to participate in federal, state, and local elections. [FN4] During the 2004 election season, Indians will observe eighty years since the passage of the Citizenship Act.
In 1965, in hopes of correcting voter disenfranchisement, primarily of blacks in the South, President Johnson signed into law the Voting Rights Act. [FN5] After several amendments, the Voting Rights Act continues to provide protection from voter disenfranchisement. However, the Voting Rights Act, as amended, expires in 2007. [FN6]

In certain states, Indians make up a significant voting bloc and have proven that their votes can determine the fate of national races. For example, in 2002, Senator Tim Johnson (D-SD) was re-elected to the Senate largely because of the increase in Indian voter turnout. [FN7] Tribal governments, organizations and *271 individuals are pledging to increase Indian voter participation in 2004. [FN8] In light of the 80th anniversary of the Indian right to vote and the increased attention placed on Indian voter participation, a re-examination of Indian voter rights is in order. [FN9] This article reviews the political context into which the Voting Rights Act was born, describes its amendments, and highlights litigation that arose pursuant to the Act. This article also summarizes the Helping Americans Vote Act of 2002. [FN10] Finally, this article concludes that because Indian voters continue to need the protection of the Voting Rights Act, the Act must be strengthened and reauthorized before it expires in 2007.

Category: Legal, Civic Participation, Civil Rights, Legal, Native American

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