Achieving electoral equity after Brnovich: A case study of Native activism in Nevada

Abstract

AbstractObjectiveWe examine the role of local election officials in voter suppression of Native Americans and opportunities for legal redress using state law.MethodsWe present a case study of the Shoshone and Paiute Tribal leaders, Native activists, and lawyers in Elko County, Nevada, to provide electoral access on the Duck Valley Reservation.ResultsWe document the successful legal strategy against Elko County officials in state court following a newly adopted provision of the state constitution that committed Nevada to providing “equal access to the elections system without discrimination.”ConclusionThis case study is a reminder of the discretionary power wielded by local election officials in the United States, and it presents a potential roadmap for fighting voting abuses using state laws and courts following the Supreme Court's Brnovich v. Democratic Central Committee (2021) ruling.