American Indians and the Right to Vote: Why the Courts Are Not Enough

Abstract

American Indians and Alaska Natives face new barriers in exercising their fundamental right to vote. Recently, states have introduced and implemented facially neutral voting rules aimed at eliminating voter fraud. These rules, as well as strict voter identification and increased reliance on mail-in ballots, disproportionately suppress American Indian votes. The Voting Rights Act of 1965 was critical in providing Americans Indians a way to challenge discriminatory practices, but the Act only partially addresses the problems American Indians face in voting. New federal legislation is necessary to address present-day barriers American Indians experience in accessing the ballot box. This Note explores the history of American Indian voting rights and current state policies that suppress American Indian votes before arguing in support of federal legislation.