SCOTUS ruling on citizenship proof for new voters has an outsized impact for Native voters

Patty Ferguson-Bohnee said that Indigenous people living in Arizona who are enrolled in a federally recognized tribe can use their tribal identification numbers to prove their citizenship.

“As long as a tribal member is an enrolled member of their tribe, they can use that tribal ID number to register on the state form, and that will prove citizenship for purposes of voter registration,” she said, adding that it’s because all Indigenous peoples were declared citizens of the United States in 1924.

Ferguson-Bohnee is the Director of the Indian Legal Clinic and a Clinical Professor of Law at the Sandra Day O’Connor College of Law. She also coordinates the Arizona Native Vote Election Protect Project, which focuses on protecting the right to vote for Indigenous voters in Arizona.

“If you prove you’re a Native American through using your enrollment number, your citizenship is verified,” she said because there is a space for Indigenous peoples to include that specific information on the state voter registration form.

“The people who are registering voters need to know that we can’t leave that blank because if you do not provide that on your state form, they will reject it,” Ferguson-Bohnee added.

The U.S. Supreme Court ruled on Aug. 22 that Arizona can enforce part of a voter registration law being challenged in federal court, allowing the state to bar legal voters from registering weeks before the election.

Ferguson-Bohnee said the law will cause some confusion among organizations and people out in the community trying to register voters, and it may discourage voters from registering.

“The goal of the law was to create barriers to the ballot box,” she said. “And even to prevent eligible voters from registering to vote.”

Lower courts initially blocked the Arizona law in 2022, but in a 5-4 order, the Supreme Court reinstated a portion of the law that allows the state to stop accepting state-created voter registration forms from Arizona residents unless they provide proof of citizenship.

The ruling means that potential voters who register to vote in Arizona using the state-created voter registration forms will need documentation proving citizenship for the registration to be valid. If no proof is provided, the state will reject the form — without informing them.

Ferguson Bohnee said there is no option to correct the form once it gets rejected, so she suggests that people register with the federal forms first. Then, when they have all the documentation readily available, their registration can be promoted to full-ballot voters.

“It’s very discouraging because it’s making a change right in the midst of the election process when people are registering people to vote,” Ferguson-Bohnee said. “This decision by the court is revising the playing field for election law.”

Not all Indigenous peoples may have their enrollment numbers available, but that shouldn’t discourage them from trying to register to vote. Ferguson-Bohnee said that is when they should register using the federal voter registration form.

She said that registering with a federal form only requires people to affirm their citizenship, not provide document proof, so people will be registered to vote in federal elections, including the presidential and senate races.

However, Ferguson-Bohnee said that if the voter can provide documentary proof of citizenship later, their status will be moved to a full ballot voter, which includes state elections — but that has to be done the Thursday before Election Day.

The court ruling has left some voting organizations baffled about their best course of action because it disrupts the plan of action that has been in motion within Indigenous communities for months.

Arizona Native Vote Executive Director Jaynie Parrish said it has left her team in limbo.

Source: SCOTUS ruling on citizenship proof for new voters has an outsized impact for Native voters