Secretary of State Jason Gant says he needs the federal government to explicitly define every little thing on which he can spend Help America Vote Act funds. At least that's the convenient dodge he's using to deny South Dakota's American Indian communities easier access to voting.
Permit me to offer an example of projects on which secretaries of state can spend HAVA funds. From West Virginia, 2011:
This morning in Putnam County Secretary of State Natalie E. Tennant presented a Help America Vote Act (HAVA) grant totaling more than $4,820 to make the early voting location more accessible. The grant will pay to purchase an oil cooler for the elevator of the courthouse. The oil cooler is necessary because during high volume early voting days, the hydraulic oil in the elevator gets too hot and a safety valve shuts down the elevator motor, making it very difficult or impossible for some voters to get to the early voting location [Natalie E. Tennant, Secretary of State, West Virginia Election Connection, 2011.10.25].
The words "oil cooler" and "elevator" appear nowhere in the text of the Help America Vote Act. But Secretary of State Natalie E. Tennant handed Putnam County a HAVA check to buy an oil cooler for their polling place elevator so people wouldn't have to climb stairs to vote.
I posit that if West Virginia can distribute HAVA funds to upgrade an elevator, South Dakota can distribute HAVA funds to place polling stations in the middle of three reservation communities to allow perhaps three thousand citizens walk to vote instead of driving.
Good point: the tribes should secede from South Dakota and become counties in a non-contiguous 51st State.
That is not impossible, Bob; but, be careful what you wish for since Colorado is facing a constitutional crisis with far less at stake.
There are some great questions here.
Where are the tribes. Why can't the tribes help get their members to the polls on election day?
Have the tribes secede from South Dakota? Why not from the United States? They sued and won, under the Fort Laramie Treaty of 1868, to get the Black Hill back. No problem, let's honor the ENTIRE Treaty.
Every square inch of land West River should be purchased by the federal government.
Every man-made structure be removed, or destroyed.
Then the entire thing is turned over to tribe.
What happens on the Reservation.........
Talk of secession has only been discussed by GOP leaders. Heck MC, the thought leaders of the far right were promoting secession on the SDWC.
MC, indeed, I'd be happy to see the tribes make it happen. But suppose Bennett County goes bankrupt. Suppose they can't afford to pay election officials. Do we let their citizens go without voting, or do we find a way to help them exercise their voting rights? To what other communities and citizens do we say, "You need to make more effort to secure your constitutional rights before we offer you any help"?
Returning to the 1868 boundaries? You float that at your convention, and I'll float it at mine. In the meantime. We've got citizens who deserve equal access to the ballot. We have federal money to improve that access. What's the problem here? Why is Gant so dead set against helping citizens vote?
But let's not get distracted by redrawing the South Dakota map. If West Virginia can spend HAVA money on an elevator oil cooler, why can't South Dakota spend HAVA money on opening a satellite voting station?
Not my idea! The treaty was signed, the tribe sued based on it. They don't get to cherry pick, enforce the entire treaty!
An oil cooler is an one time expense, new voting centers will be an on going expense. once the 9million is gone, then what?
Ongoing expense? Where is this false argument coming from? Four Directions has funded these voting centers; they are not obliged to come back and fund them again. Four Directions can't force the Secretary of State to keep allocating the money year after year. They've made a one-time request. Sure, if Gant releases the HAVA funds for this purpose in 2014 but his successor balks at continuing the program in 2016, Four Directions and I and any other citizen who gives a darn about democracy and voting rights will protest. But the State of South Dakota is no more obliged to make the Ft. Thompson-Wanblee-Eagle Butte voting stations permanent any more than the Legislature is obliged to continue allowing early in-person voting of any form in any location.
Has Gant spent any of the HAVA funds?
I'm a bit baffled by MC's concern for "ongoing expenses" regarding this issue. We're not talking about something frivolous here, like paying legislators' annual travel expenses to attend lobbyists' conventions. We're talking about voting, for crying out loud -- one of the cornerstones of American society.
I guess I haven't figured out why satellite voting stations should cost so much. There is no sense opening them in the morning because no Native Americans will show up then. That leaves about 4 hours in the afternoon at minimum wage since 40 percent or more of the tribal members are unemployed. $30 a day for 40 days is $1200. The tribes casinos should be able to handle that.
It keeps getting worse for Gant:
Separately, at the request of U.S. Senator Tim Johnson (D-S.D.), the nonpartisan Congressional Research Service has analyzed the relevant regulations and opined that it appears South Dakota's HAVA funds can properly be used for early voting, also called in-person absentee voting. Gant and the state elections board had this information for the July 31 meeting.
Gant is sticking to his guns: "We need to see what the EAC response is and proceed with the next step at that time."
According to Viken, the state elections board acts as an appeals panel for HAVA issues within South Dakota and can clarify the state's HAVA plan when necessary. She wants the state board to revisit the Indian-reservation early-voting issue. Said Viken, "It's always good for us to be refreshed on our responsibilities under the law."
http://www.huffingtonpost.com/stephanie-woodard/native-american-vote-supp_b_3702013.html
Holy cow! Gant just won't give up, even when faced with facts, will he?
I don't understand the fuss. If they can vote on election day, why do they need an extra 46 days to vote?
If the mail system is broken, why isn't the tribe working to fix it? Why didn't the tribe ask for their own HAVA money? Why isn't the tribe helping their members get to polls?
here is what it amounts to. Four Directions set a precedence by having the early voting centers (they are not the polls). The cash dried up. now they are asking for the state/nation to pony up for their convenience.
On election day I get 12 hour to vote.
Before the election I can vote absentee AT THE COURTHOUSE. I choose not to. Because I don't want to deal with traffic, parking and the hassles of going downtown. I have the same opportunity to vote as everyone else in the country. Now you folks want to give these people special treatment, and special access.
MC: You keep talking about the mail-in ballot option, but the reality is that this can be much harder than voting in person. It is not just a matter of filling out a ballot and putting a stamp on it. The application requires you to fill it out in from of a notary public.
http://sdsos.gov/content/html/elections/electvoterpdfs/absentee_ballot_application_20100701_fill.pdf
The voter's signature must be witnessed by a notary public or other officer authorized to administer an oath. If the signature is not witnessed, this application must be accompanied by a copy of the voter's valid ID. If you are living outside the United States, these requirements do not apply.
An acceptable ID is: ● A South Dakota driver’s license or non-driver ID card ● A passport or other picture ID issued by the United States government ● A tribal photo ID ● A current student photo ID issued by a South Dakota high school or postsecondary education institution
Not only that, but Native American's have been kicked off voter roles incorrectly. There is an inherent distrust with the state for good reason.
The money thing is moot considering that the state has the HAVA funds in a interest bearing fund and that means it makes more money each year than the cost of the booths.
I live in Lincoln County and I am about 15 miles from the court house. Half the time I have to early vote because I am out of town on election day. I use that option with great consideration (must plan a special trip since I am working during courthouse hours) and I do not know how I could do that if I had to travel 50+ miles with questionable transportation.
Forget early voting, Why can't they get to the polls on election day?
That is an excellent problem. Maybe they are not able to go because of work. Maybe they are not able to stand in line that long. Maybe they have a doctor's appointment that day. Maybe they want to exercise the same right in a method that is as easy as every other citizen in other counties.
You never answer the other flip side of the question: If the money can be found without costing the state anything, why not extend access? Rights should not be limited without good reason for the preservation of other rights in a free and open society. I really would like to know why we should not extend the access if the money is available.
If you are going to extend early voting to those towns, then it should be extended to every town in the state.
I'm going to amend that statement. to include all towns east river. West river belongs to the Sioux Nation (all of it), an independent nation. How they handle their voting is their business.
I vote early in Spearfish every election at a polling station paid for by Lawrence County. I think people on the reservation deserve the same opportunity. Ongoing expenses after we spend millions? What a lame argument MC. How long would that take? Also, that's what the funds are for smart guy.
What it's really about is the GOP doesn't want Indians to vote. Why else would they enact a the draconian driver's license requirements. Funny how my family member (a white guy from WY with an RV) can get a SD ID with a campground receipt as proof of residence, but we make our actual residents provide utility bills (which people whom are housing insecure you won't have) and birth certificates (which people who live in rural poor counties w/o courthouses will have a hard time getting) to get ID's so they may be able to vote if they can get to the polls. More GOP voter suppression plain and simple.
Excellent points, Shamrock. The RV residential allowance in South Dakota is a climate for voter fraud if there ever was one. But since we assume those folks are white retirees who have money and are tax dodgers in their actual home states, little wonder there is no effort to remove this bogus residential status in this red state. God help us if we use readily available federal money to provide basic voting accommodations to Natives on the nation's most poverty stricken counties, well, we can't let that happen or all those people might get uppity and think they could do anything.
Gant's idea of law and effecacy is Jim Crow, minus the dumb hillbilly accent.
MC, let's deal with the request at hand. We have over three thousand voters and fellow citizens in communities underserved by their existing county election services. Show me similar lack of practical support for voting rights in any other South Dakota community, and I will support helping them with HAVA funds as well. That's the point of my post: if HAVA can justifiably fund elevator repairs so old white folks in West Virginia don't have to climb stairs, HAVA can justifiably fund the request Four Directions is making.
But keep in mind, HAVA specifically targets American Indian voters help, because we recognize that as a class, they are generally at a disadvantage when it comes to voting. If you want to debate HAVA as a whole, we can go there. But the point here is that HAVA is the law of the land, we have HAVA money, and Jason Gant is refusing to use that HAVA money for a purpose that clearly falls within HAVA's scope and that helps South Dakotans vote.
Okay let deal with the issue in front of us.
It is not fair to give to a segment of a population early voting centers and 46 days to vote when when the rest of us get 12 hours to get to our polling place.
What other barriers exist for them to vote on election day.
Weather - This is as our founding fathers wanted it. The people who really want to vote can get to their polling place. Yes, it might be cold, and some cases a challenge as by design. Put your coat on and go.
Lines – if there are lines at the polling place, open more polling places on election day. Provide more polling staff. (use the HAVA money)
Work – I don't know of one employer who won't allow time off to go vote. If there are any, they need to be identified and ran out of business.
No ID – A state or triable photo ID is all that is required. The whole idea is to make sure only Americans vote in American elections. If this is a problem some how, let's get the state(s) to work with the counties, tribes, the IRS, SSA and whoever else and set up mobile ID/drivers' licensing center. At that location they can get their birth certificate, confirm their address, get an ID card, register to Vote (on election day) maybe even sign up benefits. A one stop shop. Use HAVA funds for some of this. Use donations to off set other costs.
Let's get down to the crux of the issue.
Trust – The Native American people do not trust the American government. Not without good reason. They were 'given' land, then taken. They were placed on desolate reservations. Politicians would come and make promises, give rah-rah speeches, then poof, they are gone with the South Dakota Wind. (Democrats and Republicans are guilty of this) Their culture has been watered down. Crime of all kinds goes unchecked. There is little or less help from the white man's government.
Here what really matters. Democrats want their vote, and will promise anything and everything to get it. Republicans want them to stand on their own, we know it will be painful, sacrifices will be made; however in the end it will be worth it.
They get the same rights, same privileges and same responsibilities as every other American, not more, not better, but exactly the same. We get 12 hours to vote on election day, they get 12 hours on election day.
MC, all South Dakota citizens get 46 days to cast their ballots (see SDCL 12-19-1.2). Are you thus calling for repeal of all absentee voting?
ID: It sounds like you are advocating using HAVA funds to make it harder for people to vote.
Work: rather than requiring oppressed employees to work up the courage to file voting rights infringement complaints against their bosses, dispatching investigators from the AG's office, and prosecuting a whole bunch of cases against businesses, isn't it easier to simply offer more days to vote so workers can more easily schedule their voting without missing a busy day at the office?
Trust: Jason Gant is doing nothing to restore that trust.
It's not that complicated, MC. HAVA is there to help Native Americans vote. Opening in-person early voting centers in Fort Thompson, Wanblee, and Eagle Butte would help 3,000 plus citizens vote. Gant has the authority to spend HAVA money to make that happen. Why won't he? (Hint: he's not enunciating any of the reasons MC is; he's hiding behind a procedural dodge that I have laid bare in this blog post.)
There are no early voting centers in Minnehaha County. If I want to vote early I have to go to the court house, just like everyone else.
let's get all the Agencies in one place at the same time, so everyone who does have an ID card of some kind and who wants one, can get one. When I got my new DL I had to go to Colorado to get some paperwork then back here to get some more. A pain to be sure. Let's makethat easy for the native American by having one place to get everything done. Stream line the process to let it take less that two hours from the time they walk in, to the time they leave, with ID and all other paper work in hand.
The only way that trust can be gained is to give the Native Americans something the rest of the nation doesn't get?
Trust: When we've screwed Native Americans over in a way that we haven't screwed over the rest of the nation, yes.
MC, how far does the average person have to travel by foot, bike or car to get to the Minnehaha court house? Just curious.
Of course Minnehaha County is exactly like the counties that are requesting HAVA.
Just seems funny that the GOP, every election year, pushes the get out the vote early to their party members and then denigrates it for those that don't wear an elephant on their sleeve.