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A Navajo voting rights lawsuit has reached a snag after the 9th Circuit upheld the decision to deny Arizona Native Americans extra time to submit their ballots.
Four members of the Navajo Nation filed their voting rights lawsuit in August, arguing that Arizona’s mail-in ballot deadline violates their constitutional rights.
After a lower court denied the plaintiff’s push for extra time, the 9th Circuit upheld this decision. More recently, Arizona officials filed their own motion in court, arguing the Navajo Nation members shouldn’t be allowed to amend their lawsuit.
In Arizona, mailed-in ballots must be received by 7 p.m. on Election Day in order for the votes to be counted. The plaintiffs challenged this deadline based on the “extraordinary increase in voting by mail” attributed to the coronavirus pandemic.
To make sure ballots reach their destination on time, the U.S. Postal Service recommends that voters request a mail-in ballot at least 15 days before the due date. This would allow the ballot to be sent, filled out and returned in time to meet state deadlines.
Although these recommendations are helpful, the Navajo voters say the advice wrongfully assumes everyone has equal access to mail services.
According to their lawsuit, “hundreds of thousands of rural Americans have non-standard mail service burdened with a range of service limits including irregular service or unreliable service, no residential delivery, excessive distances to post offices or other postal providers with limited hours of operation among other issues.”
Navajo Nation members living on the Arizona portion of their reservation reportedly have even more restricted access when compared with other Arizona voters. Between the nonstandard addresses and a lack of mail service, Navajo voting rights are reportedly in jeopardy during this year’s election.
As such, the Navajo Nation members say tribal members’ ballots should be accepted as long as they are postmarked on or before Election Day. Arizona voting officials reportedly have “no legitimate, non-racial reason” for rejecting these ballots.
Unfortunately for the plaintiffs, several courts disagreed with this assertion.
On Sept. 25, an Arizona federal judge denied the plaintiffs’ bid for injunction. Plaintiffs tried to appeal this decision to the 9th Circuit of Appeals, but a panel from this circuit found the Navajo Nation members lacked standing to bring the lawsuit, according to the Navajo-Hopi Observer.
According to the panel, the plaintiffs were required to show they sustained an injury due to Arizona’s actions. Because the Navajo Nation members failed to show they have experienced problems with voting for the 2020 election, the 9th Circuit upheld the lower court’s decision.
Additionally, the circuit court said in its ruling that it wouldn’t be possible to give Navajo Nation members more time to vote in the election because it is impossible to tell which mail-in ballots belong to tribe members.
“Although we do not discourage challenges to voting laws that may be discriminatory or otherwise invalid, whenever they may arise, we are mindful that the Supreme Court ‘has repeatedly emphasized that lower federal courts should ordinarily not alter the election rules on the eve of an election,’” the 9th Circuit ruling noted, according to AZCentral.
After the 9th Circuit’s decision, the Navajo voters asked the court for more time to amend their complaint and try again after addressing the deficiencies pointed out by the appeals court.
However, Arizona Secretary of State Katie Hobbs — one of the defendants named in the Navajo voting rights lawsuit — filed a motion with the court Tuesday arguing the plaintiffs shouldn’t be given more time to amend their complaint.
According to Hobbs, the lawsuit should be dismissed because of the 9th Circuit’s determination that the plaintiffs lack standing. Hobbs also referenced the court’s concerns about altering the deadlines for tribal members so close to the election.
“We understand and recognize the unique circumstances addressed by the plaintiffs, but what they are asking for would be difficult to implement this close to an election,” Hobbs said in a statement following the 9th Circuit decision, according to The Hill.
“Based on the disparities some communities face in this state, we are ensuring that they are aware of the options they have for voting in this election.”
Do you think the Navajo voting rights lawsuit should be allowed to proceed? Share your thoughts in the comment section below.
The plaintiffs are represented by Chris McClure of McClure and Hardy Attorneys at Law and Michael J. Novotny of Big Fire Law and Policy Group LLP.
The Navajo Voting Rights Lawsuit is Yazzie, et al. v. Hobbs, Case No. 3:20-cv-08222, in the U.S. District Court for the District of Arizona.
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2 thoughts onArizona Secretary of State Says Navajo Nation Can’t Save Vote-By-Mail Lawsuit
Some Americans are founded on the Values and Traditions of Family systems, and many are not. As we continue to move forward in this country; we must band together with all races to flourish. Suppression is not a form of joining a more perfect Union nor support we the people. All Americans should be included in the Right to Vote. Moreso, voting is the Peoples voice to be heard loud and clear.
Of course they should be allowed! Az is notorious for discrimination when it comes to the natives & Hispanics. Katie Hobbs has a record of being plain racists when comes to the natives. This is purely VOTER SUPPRESSION & should be illegal. There should be a poling station on the reservation. Why isn’t there?