WOLF POINT, Mont. – Louise Smith reflects on her life at her daughter’s dining table on the Fort Peck Indian Reservation, surrounded by memories captured in photographs and newspaper clips that tell the story of her 101 years.

She reminisces about her years as an Indian Health Service nurse, her decision to retire to care for her late husband Buck, and the honor of being named the grand marshal for a parade this year celebrating the 100th anniversary of the Indian Citizenship Act.

Holding an umbrella to keep dry, she rode in a convertible during the parade, proudly displaying a banner that read: “Montana’s Oldest Native American Voter.”

The Indian Citizenship Act of 1924 was enacted just nine months after Smith’s birth, which formally recognized Native Americans as U.S. citizens and granted them citizenship rights. Nevertheless, various states continued to impose voting restrictions on Indigenous peoples for many years thereafter.

For instance, Utah deemed everyone residing on tribal land as nonresidents and ineligible to vote. Other states, such as Arizona, prohibited individuals under guardianship from registering and cited a legal precedent that compared the relationship between tribal nations and the U.S. to that of “a ward to his guardian,” which further marginalized Native American voters.

It wasn’t until Smith reached her 40s that the federal government eliminated state laws preventing Indigenous individuals from voting through the landmark Voting Rights Act of 1965.

Even today, Smith makes it a point to vote in every election. “It’s important,” she asserts. “You should be informed about who you’re voting for and what they promise to do once elected.”

“Voting is a responsibility we all share,” she emphasizes.

Currently, however, specialists caution that some states are reintroducing voting restrictions for Native Americans, even as a few, like Nevada, are collaborating with tribal nations to enhance their voter participation.

“Every year we find ourselves dealing with more cases,” shared Jacqueline De León, a senior attorney at the Native American Rights Fund (NARF), which offers legal support to the nation’s 574 federally recognized tribes and has fought numerous legal battles around voting rights. “We have far more cases than we can handle.”

Among these cases, there is a fight to ensure Native Americans in Thurston County, Nebraska—where over 50% of the population is Indigenous—can have fair representation on the Board of Supervisors.

Another case involves North Dakota, where advocates have contested state electoral maps that courts determined discriminate against Native Americans.

Additionally, in Arizona, the Tohono O’odham Nation and the Gila River Indian Community sued regarding a law that mandated voters registering for federal elections to prove residency through a physical address. A court ruled against this law after advocates indicated that many homes on tribal land do not have traditional addresses.

Experts attribute these recent challenges to modifications made to the federal Voting Rights Act. In 2013, the U.S. Supreme Court invalidated a section of the act that required certain jurisdictions to gain approval prior to altering their voting laws, a safeguard intended to combat discrimination.

Since this decision, there has been a surge in attempts to limit voting access, according to Patty Ferguson-Bohnee, a voting rights lawyer who leads the Indian Legal Program at Arizona State University’s Sandra Day O’Connor College of Law.

“Now, states can implement various laws without prior clearance,” she explained. “Voting rights have been gradually undermined, and it’s imperative for Congress to take action.”

In 2021, President Joe Biden established a committee to investigate the voting obstacles faced by Indigenous voters, which resulted in a report with recommendations for both state and federal legislators, including the introduction of the John Lewis Voting Rights Advancement Act, named in honor of the late congressman and civil rights icon. This legislation includes specific provisions aimed at protecting Indigenous voters.

In July, a congressional panel released another report stating that Indigenous voters continue to encounter significant barriers to voting in local, state, and federal elections. The report’s author, U.S. Rep. Joseph Morelle, D-N.Y., expressed hope that improved awareness of these issues would prompt Congress to take “decisive measures” to safeguard Indigenous voting rights.

Supporters view the Lewis Voting Rights Act as a rejuvenation of the pivotal 1965 legislation and believe it would restore essential protections against discriminatory practices that disproportionately affect Native Americans and other voters of color. However, the bill remains stalled in committee.

Challenges in Big Sky Country

The Fort Peck Reservation, located approximately 2,000 miles from the U.S. capital, is nestled among broad expanses of grasslands and cattle ranches, a five-hour drive from Montana’s largest city, Billings.

The Assiniboine and Sioux tribes have lived on this land for centuries, long before the arrival of European settlers. While they previously engaged in trading bison meat and horses, their current economic activities include metal manufacturing, production sewing, and various industrial enterprises.

Montana’s original residents have also influenced the political landscape. In 1932, Dolly Akers became the first Native American elected to Montana’s Legislature. Since 1989, at least one American Indian has held a position in the state House or Senate each year.

The state is home to roughly 73,000 Indigenous people, making up 6.4% of its populace. However, the Republican-led Legislature has imposed restrictive laws that advocates argue disadvantage Native American voters.

These measures, referred to as “election security bills” by Republicans, were enacted following unfounded claims of election fraud during the 2020 elections. They included the elimination of same-day voter registration and the prohibition of third-party ballot collection.

After a lawsuit from the advocacy group Western Native Voice and tribes like the Blackfeet Nation and Fort Belknap Indian Community, the state Supreme Court ruled the laws unconstitutional in March, stating they significantly hindered access to polling places and absentee ballot mailings for those living on reservations.

Following the ruling, Ronnie Jo Horse, executive director of Western Native Voice, emphasized that it reaffirmed the right to equitable voting access and the protection of voter rights, particularly for those on reservations where barriers are particularly challenging.

Horse expressed a desire for Montana lawmakers to actively visit Indigenous communities to observe the voting obstacles they encounter firsthand.

“I hope representatives can come to Native communities to truly grasp the challenges we face regarding access to polling,” she said. “If we can engage in discussions, we’ll likely find more common ground than differences.”

Amid the ongoing threats to their voting rights, leaders at the Fort Peck Reservation are committed to mobilizing voters and fostering civic engagement among younger generations.

Smith shared her experiences of transporting young voters to polling places to promote their involvement in democracy, stressing the importance of exercising a right that their ancestors fought to secure.

“My friend and I used to drive them in her car because many lack transportation,” she recounted, adding that she often checks in with her grandchildren during election time to encourage them to vote.

Wayne Martell, a member of the Fort Peck Tribal Executive Board, shares a similar approach. “You must go door to door, take the time to educate them,” he emphasized. “It’s vital to inform them about how policies impact their lives.”

At the age of 72, Martell has witnessed the challenges imposed on Indigenous people by lawmakers and special interest groups. He believes that voting is crucial to empowering his community to elect leaders who prioritize the needs of Native Americans.

He highlights healthcare as a notable issue.

Once COVID-era Medicaids waivers were revoked, more than 100,000 residents in Montana lost their health coverage, including over 12,000 tribal members, according to state statistics. This November, Montanans will elect their next governor and determine the future of the state’s Medicaid policies.

The outcomes of other significant state races, including that of Democratic U.S. Senator Jon Tester, could depend on the turnout of Native American voters. In 2006, Tester secured his position by a slim margin of around 3,500 votes, with his campaign’s success, including re-election in 2012, credited to Indigenous support.

This past March, the state Democratic Party initiated a comprehensive campaign to engage Indigenous voters.

“Indian Country faces critical challenges in 2024, and the results of this election are incredibly significant,” stated Cinda Burd-Ironmaker, the party’s Native vote political director and a member of the Blackfeet Nation, in a press release announcing the campaign.

“Whether it’s safeguarding tribal sovereignty, enhancing healthcare services, or tackling the crisis of missing and murdered Indigenous individuals, we need leaders who will advocate for our interests and collaborate with us,” she concluded.

Enhancing Voting Access in Nevada

Unlike Montana, Nevada’s two dozen tribal nations have made significant progress in improving the accessibility of voting for their members.

In 2016, members of the Walker River and Pyramid Lake Paiute tribes took legal action, claiming that their constitutional rights had been violated.

Due to the inability of state and county officials to set up in-person polling locations, tribal members had to travel between 70 and 96 miles round trip just to cast their votes.

After overcoming this challenge, the Inter-Tribal Council of Nevada requested more satellite polling places for nine additional tribes, which saw great success.

This November, Nevada’s tribes will have 16 local polling stations available, including the Walker River Paiute tribal courthouse in Schurz and the Pyramid Lake Paiute tribal administration building in Nixon.

Andrea Martinez, chairwoman of the Walker River Paiute Tribe, stated, “Thanks to the efforts of people within our reservation and nearby Native communities, we’ve achieved equal voting rights.”

This momentum persisted throughout the COVID-19 pandemic, making it crucial to provide safe voting options for Nevada’s rural residents, including Indigenous voters.

A law passed before the 2020 election mandated that all registered voters receive a mail-in ballot automatically. It also permitted an individual other than the voter to collect and submit a ballot—a process that Republicans term “ballot harvesting,” while supporters argue it assists those with disabilities, the elderly, and others unable to reach polling places.

These measures resulted in a 25% increase in Native American voter turnout in Nevada during the 2020 election compared to 2016, as reported by the group All Voting is Local Nevada.

In 2021, the state’s Democratic governor enacted legislation to make these pandemic-related provisions permanent and extended the deadline for tribes to request polling places on tribal lands.

Additionally, last summer, Republican Governor Joe Lombardo signed a law allowing Indigenous individuals residing on tribal land to register and vote electronically using a system called EASE.

Steven Wadsworth, chairman of the Pyramid Lake Paiute Tribe located northeast of Reno, noted, “Nevada has clearly responded to the demands of tribal communities to streamline voting.”

Stacey Montooth, executive director of the Nevada Indian Commission and a member of the Walker River Paiute Tribe, emphasized that these achievements stem from leaders in Nevada and nationwide acknowledging the increasing influence of Native Americans.

According to census data, the Native American population across the United States grew nearly 12% from 2010 to 2020. Furthermore, the number of individuals identifying as Native American combined with another race or ethnicity nearly doubled.

In Nevada, more than 54,000 residents identify solely as American Indian, constituting approximately 1.7% of the total population—sufficient to impact competitive elections.

In the 2020 election, Joe Biden won against then-President Donald Trump in Arizona by a mere 10,457 votes, with many attributing the increased participation of Native American voters as a significant factor. Nonetheless, the state’s 22 federally recognized tribes still encounter specific challenges regarding voting.

Arizona Secretary of State Adrian Fontes remarked, “The needs of each tribe are distinct—they operate in various environments.”

For instance, election officials use helicopters to transport equipment to the bottom of the Grand Canyon to facilitate voting for the Havasupai Tribe, while some residents of the Navajo Nation must journey nearly 150 miles round trip to vote.

Fontes acknowledged that historically, efforts were made to deliberately obstruct Indigenous voting. Currently, he noted, the primary obstacle lies in insufficient funding from the state and counties where tribal lands are situated.

“They refer to voting in terms like ‘sacred,’ but are unwilling to fund it,” he said.

In Nevada, Montooth highlighted that the increasing strength of Native Americans, paired with enhanced collaboration with state officials, has brought positive changes—not only in voting access but in all vital services provided by the state.

“We’ve reached a stage where decisions and policy implementations are no longer made without considering the needs of the indigenous peoples,” she remarked. “While progress is being made, there is still much work ahead.”

Challenges surrounding voting access remain ongoing.

Over the last two years, the voting rights organization Four Directions has fought for a polling location for Nevada’s Yomba Shoshone Tribe and for equal voting access for the Shoshone-Paiute Tribes.

Additionally, several obstacles persist. For instance, limited internet connectivity in some Indigenous communities hampers access to the new EASE system.

One of the most significant challenges, advocates argue, is low engagement among Native American voters, particularly among younger demographics. According to a 2020 report by the Native American Rights Fund, over 1.5 million eligible Native American voters were not registered.

“It’s not surprising that individuals don’t perceive (the electoral process) as something they wish to engage in, as they continuously receive messages indicating it’s not meant for them,” said De León, a co-author of the 2020 report.

“We are often labeled as ‘apathetic,’ but in reality, we are navigating numerous compounding challenges that signal the system isn’t made for us,” she explained. “All of these combined factors contribute to the obstacles we face.”

make it challenging for Indigenous individuals to cast their votes and also highlight the significance of the power involved.

This article is part of “Fractured,” a study on the current state of American democracy curated by Carnegie-Knight News21. For additional stories, visit https://fractured.news21.com.