Election Protection on the Ground: How to Defend the Native Vote in Your Community
GREG LEMBRICH
LEGAL DIRECTOR, FOUR DIRECTIONS
Election Protection is Crucial in Native Communities
Non-partisan, community-based election protection encourages voting, makes voting a more pleasant and productive experience, and maximizes participation (and thus the political power) of the tribes
Native voters have frequently been subject to harassment and intimidation in and around polling places, as well as illegal attempts to disenfranchise them, which can not only deprive the effected voters of their vote and their voice, but discourage entire communities from participating
Effective election protection can and should address both the bad-intentioned mistreatment and disenfranchisement or voters as well as the confusion and mistakes in the polling place that deprive voters of their rights
Four Directions’ Election Protection Experience
Started in South Dakota in 2004
Partner with NCAI Native Vote since 2008
Have assisted tribes in states throughout Indian Country with voter registration, early voting, lobbying, media campaigns, GOTV, election protection, and litigation
Extensive network of attorneys, tribal officials, and community leaders
Provide training for lawyers, law students, and non-legal volunteers in poll watching and election law
Coordinate large legal team on Election Day (40-50 lawyers and law students in South Dakota alone)
6 Keys to an Effective Election Protection Program
1) Recruit and train volunteers
2) Engage and educate the community
3) Distribute resources where they are needed
4) Be prepared for problems on Election Day
5) Experienced lawyers to supervise, advise, and react
6) Data gathering
1) Recruit and Train Volunteers
Volunteers can be lawyers, law students, or interested non-lawyers
The basics of election law, poll watching, and voter rights are not legally complex and anyone can be trained to be an effective election observer
Regardless of experience, all volunteers (even lawyers) need effective training
Election law and procedures can vary considerably from state to state, so training needs to be tailored to the particular state
Various election law resources for each state are available online, including through ACLU, Lawyers Committee, Brennan Center, and also from each state’s Secretary of State (or other election official)
2) Engage and Educate the Community
Promote voter awareness and educate voters about their rights
Work with tribal officials, community leaders, and local groups to emphasize the importance of voting and increase participation
Establish contacts with local media to help publicize election efforts
Include voter rights/election protection components into any get out the vote or other pre-election activities
Dispel myths and address concerns that might otherwise discourage citizens from voting
Make voters aware that there will be trained volunteers in the polling places to assist them and protect their rights
3) Distribute Resources Effectively
Volunteer resources are always limited, so making the best use of them on Election Day is a challenge
Plan in advance so that volunteers can find their polling places before Election Day and familiarize themselves with the facility and community
Highest priorities are usually polling places with the greatest numbers of registered voters or where there have been problems in the past
Consider whether some larger polling places may need more than one volunteer, and also whether some volunteers may need to work in shifts or have breaks during the day
4) Be Prepared for Problems on Election Day
First rule is to try to work with the precinct election officials to resolve any issue on the spot. Any other process is time-consuming, and time is in short supply on Election Day!
Volunteers should arrive before polls open to make sure everything is set up for voting to begin on time and that all necessary personnel and equipment are in place
Volunteers should meet and engage with election officials before things get too busy
Volunteers should wear Native Vote button, t-shirt, etc. if possible to identify themselves as resources to voters
Volunteers should bring working cell phone or determine best possible phone access in advance
Volunteers should also bring any training manuals, forms, pens, food and beverages they will need, etc.
4) Be Prepared for Problems on Election Day
Volunteers need to be prepared to contact local election officials if necessary and/or to ask precinct workers to do so when appropriate
Volunteers should have contact information for county and state officials, as well as the supervisor/coordinator of the local election protection program
Volunteers should document their activities, particularly any major incidents, but should not focus too much on forms; most important thing is to keep concentration on protecting voter rights
Volunteers should trust their instincts (If something seems wrong, it probably is)
Volunteers must speak up when there is a problem
Common Problems on Election Day
ID issues
Name missing from voter rolls
Inactive registration/purge
Absentee ballot requested
Felon voting
Change in address/polling place
Improper challenges or other harassment
Run out of ballots, broken machines, etc.
5) Experienced Lawyers to Supervise, Advise, and React
Senior lawyers are needed to supervise and coordinate election protection volunteers
Supervisors can be a resource to address problems by phone (or go to poll locations if appropriate), and must be able to escalate issues when necessary
Worthwhile for leaders to establish relationships with county and state officials in advance to ease communication on Election Day
Maintain contact with tribal government and community leaders to address any problems that they can help resolve
Also valuable to have good media contacts to draw quick attention to any illegal/suppressive activities or other irregularities
6) Gather Data
Important to gather data and reports from each precinct so that problems can be documented
Evidence and witnesses are crucial in any subsequent challenges, litigation, etc.
Future election protection efforts can benefit from the experience of this election through data
NCAI has useful forms on its website (precinct questionnaires, incident tracking, reporting major incidents, etc.) that can be used or modified to fit your specific needs
Q & A
For further information, contact:
Greg Lembrich
(917) 747-1376
Also see the Four Directions/Native Vote South Dakota Election Observer Training Manual and Voter Rights Guide on the Native Vote website