Shoshone-Paiute win historic victory over voting rights
OWYHEE, Nev. — The Shoshone-Paiute Tribe won a historic victory over voting rights October 18 after challenging Elko County in the Fourth Judicial District Court, County of Elko, State of Nevada for the equal access of voting rights for the tribe and community of Duck Valley.
Chief District Judge Alvin R. Kacin ordered Elko County to allow Duck Valley access to the polls for Nevada elections increasing early voting from two days to now five days. They will also have a ballot box.
Four Directions Native Vote filed a lawsuit against Elko County, its county commissioners and county clerks because of the refusal to rectify the unequal voting opportunities for the 2022 election and future elections. Prior to the ruling, Elko residents were allowed 120 total hours of registration and voting opportunities in early voting and election day periods while tribal members on the Duck Valley Indian Reservation were allotted 8 hours of early voting or registration, zero election day hours and no reservation-based ballot box. Voting outside those 8 hours would have required a tribal member to travel approximately 200 miles round trip.
Nevada’s constitution requires the voting process to be equally open for minority voters as it is for white voters according to information from Four Directions Native Vote.
The Shoshone-Paiute Tribes will now have an equal amount of voting days as the city of Elko.
"That's the biggest win," said Chairman Brian Mason according to a press release. A win for Shoshone-Paiutes, and a win for Indian Country.
Mason said according to the Elko County Clerk's office, there are 170 registered voters in Owyhee. "That's because if you're a Nevada resident and you have an Idaho drivers' license, you are not considered to be eligible to vote."
Mason explained that Duck Valley residents "don't fit into the widget," because the Post Office is located in Nevada, and because of the tribe’s sovereign status, tribal members can have either Nevada or Idaho licenses. Mason, in his position as Tribal Chairman, has the authority to inform through a letter that Nevada residents do reside within the state.
The issue caught the attention of the Native Nevada Vote and Four Directions, a Native-led national voting rights organization dedicated to advancing equality at the ballot box across Indian Country. They called and asked if the Shoshone-Paiutes wanted to sue, and Tribal Chairman Mason said yes.
The issue also caught the attention of an international voting rights group. Anja Mihr and Giovanni Caligiuri of the Election Observation Mission for Mid-Term Elections 2022 were in Owyhee last week to get information on the situation.
"They flew here, they drove here, they found out we were getting a raw deal," said Mason.
He said they had to prove in court they had an adequate election building and had experience holding elections, which their election board does.
There was no cost to the Shoshone-Paiute Tribes because the challenge was done pro bono. The Four Directions Native Vote and Nevada Vote Project organized it.
Both Chairman Mason and Arnold Thomas, vice chairman said they’re grateful for Four Directions and the Native Nevada Vote Project for their help in the historic lawsuit that increases access to Nevada's polls five-fold.
Starting in 2024 they will have equal access to the polls with the same days and hours as the citizens of the Elko County seat.
Donna Semans with Four Directions said, "Shoshone-Paiutes were given citizenship in 1924 and it took until 2022 to acquire equal access in the Electoral process."
