Despite the 15th Amendment granting voting rights to all citizens in 1870, Native Americans faced systematic discrimination and were the last group to gain full voting rights in the United States, with Utah finally granting these rights in 1957.

Despite the 15th Amendment granting voting rights to all citizens in 1870, Native Americans faced systematic discrimination and were the last group to gain full voting rights in the United States, with Utah finally granting these rights in 1957.

Photo by Edmond Dantès on Pexels

Native Americans' journey to secure voting rights stands as one of America's most overlooked civil rights struggles. While the Constitution's 15th Amendment granted voting rights to all citizens regardless of race in 1870 many states continued to deny Native Americans their fundamental right to participate in democracy.

Despite being the first inhabitants of North America Native Americans were the last group to gain full voting rights in the United States. It wasn't until 1957 when Utah finally became the last state to grant Native Americans the right to vote that all Indigenous peoples could participate in U.S. elections. The decades-long fight for Native American suffrage reflects a complex history of tribal sovereignty citizenship status and state-level discrimination that shaped American democracy.

The Fight for Native American Voting Rights

#

Native American voting rights emerged through multiple legal battles spanning seven decades. The Snyder Act of 1924 granted U.S. citizenship to all Native Americans born in the U.S., yet state-level barriers persisted across multiple jurisdictions.

#

States implemented various discriminatory practices to prevent Native Americans from voting:

  • Literacy tests requiring English proficiency
  • Poll taxes ranging from $1 to $5
  • Property requirements demanding proof of off-reservation residency
  • Guardianship clauses declaring Native Americans "wards of the state"

Landmark Court Decisions

#

Several court rulings shaped Native American voting rights:

YearCaseImpact
1948Trujillo v. GarleyStruck down New Mexico's Native American voting restrictions
1957Allen v. MerrellEliminated Utah's discriminatory voting practices
1965Voting Rights ActProhibited discriminatory voting practices nationwide

State-by-State Progress

#

The timeline of Native American voting rights varied by state:

  • Arizona granted voting rights in 1948 through Harrison v. Laveen

  • New Mexico removed restrictions in 1948 via court order

  • Maine extended voting rights in 1954 through legislative action

  • Utah became the final state in 1957 following Allen v. Merrell

  • Limited polling locations on reservations

  • Strict voter ID requirements affecting tribal identification

  • Address requirements conflicting with reservation postal systems

  • Distance barriers to registration offices

  • Language accessibility issues in predominantly Native areas

The Indian Citizenship Act of 1924

#

The Indian Citizenship Act granted U.S. citizenship to all Native Americans born within U.S. territorial limits, marking a significant shift in federal policy toward Indigenous peoples. This legislation, also known as the Snyder Act, automatically conferred citizenship to approximately 125,000 Native Americans.

#

The Indian Citizenship Act created a disconnect between federal citizenship and voting access. While Native Americans received formal U.S. citizenship, the act didn't guarantee voting rights due to the Constitution's delegation of election administration to individual states. Many Native Americans remained unable to vote despite their new citizenship status, as states maintained control over voter qualifications through their constitutions and local laws.

  • Residency Requirements: States classified reservation residents as living outside state jurisdiction
  • Property Qualifications: Several states required voters to own private property, excluding those living on tribal lands
  • Tax Status: States denied voting rights to Native Americans classified as "non-taxpayers"
  • Literacy Tests: Seven states implemented literacy requirements targeting Native American voters
  • Guardianship Clauses: States declared Native Americans "wards of the government" to disqualify them from voting
State-Level BarriersNumber of States Implementing (1924-1957)
Literacy Tests7
Property Requirements4
Tax Status Restrictions8
Guardianship Clauses6

Major Barriers to Native American Voting

#

Native Americans faced systematic obstacles designed to prevent their participation in elections across multiple states. These barriers created a complex web of restrictions that effectively disenfranchised Native voters for decades after receiving citizenship.

Literacy Tests and Poll Taxes

#

States imposed literacy tests requiring Native Americans to read and interpret complex legal documents in English to qualify for voting. Poll taxes ranged from $1 to $2 per election ($15-30 in today's value) created financial hardships for Native communities with limited economic resources. These requirements affected 8 states between 1924-1957, including:

StateBarrier TypeYear Eliminated
ArizonaLiteracy Test1948
New MexicoPoll Tax1948
UtahBoth1957
MaineLiteracy Test1954
IdahoPoll Tax1943
MontanaLiteracy Test1932
North DakotaPoll Tax1951
South DakotaBoth1946

Tribal Sovereignty Conflicts

#

The dual status of Native Americans as both tribal members and U.S. citizens created legal complications for voting rights. States cited tribal sovereignty to exclude Native Americans from voting, claiming:

  • Tribal lands existed as separate nations outside state jurisdiction
  • Tribal governance systems conflicted with state election authority
  • Native Americans' loyalty to tribal governments prevented full state citizenship
  • Tax-exempt status of reservation lands disqualified residents from voting participation
  • Tribal identification documents didn't meet state voter ID requirements

The Bureau of Indian Affairs documented 15 cases between 1936-1957 where states used sovereignty arguments to deny Native Americans voting access in local and state elections.

State-by-State Progress Toward Native Voting Rights

#

The path to Native American voting rights varied significantly across the United States, with some states granting suffrage decades before others. State-level implementation created a patchwork of voting rights that extended from the 1870s through the 1950s.

Early Adopting States

#

California granted Native American voting rights in 1879 through a state constitutional amendment. Maine acknowledged Native American voting rights in 1892, though property requirements remained until 1954. Montana removed voting restrictions for Native Americans in 1896. South Dakota permitted Native Americans to vote in 1896, provided they met residency requirements outside reservation boundaries. Idaho extended voting rights to Native Americans in 1897, making it the fifth state to do so.

StateYear Native Americans Gained Voting Rights
California1879
Maine1892
Montana1896
South Dakota1896
Idaho1897
  • Poll taxes in Arizona until 1948
  • Literacy tests in New Mexico until 1948
  • Property requirements in Maine until 1954
  • Guardianship clauses in Utah until 1957
StateYear of Full RightsKey Legal Action
New Mexico1948Trujillo v. Garley
Arizona1948State Supreme Court ruling
Maine1954Legislative action
Utah1957Allen v. Merrell

The Arizona Breakthrough of 1948

#

Arizona's landmark decision in 1948 marked a pivotal moment in Native American voting rights. The Arizona Supreme Court struck down restrictions preventing Native Americans from voting in Harrison v. Laveen, overturning a previous interpretation that classified Native Americans as "under guardianship" and therefore ineligible to vote.

Two Mohave-Apache men, Frank Harrison and Harry Austin, challenged Arizona's discriminatory voting laws after being denied voter registration in Maricopa County. Their legal challenge focused on dismantling the guardianship clause in Arizona's constitution, which county officials used to prevent Native Americans from registering to vote.

The court's ruling established three key precedents:

  • Recognition of Native Americans' mental competency to vote
  • Rejection of the federal guardianship argument
  • Acknowledgment of Native Americans' right to full citizenship benefits
Impact of Harrison v. LaveenNumbers
Native Americans granted voting rights55,000+
Tribal nations affected21
Years under voting restrictions70

The Arizona breakthrough influenced neighboring states to examine their own restrictive voting policies. New Mexico followed Arizona's example within months, striking down similar guardianship provisions through Trujillo v. Garley. This created a domino effect across the Southwest, where large Native American populations had faced systematic disenfranchisement.

The success in Arizona demonstrated the effectiveness of legal challenges to discriminatory voting laws. Tribal leaders used the Harrison v. Laveen precedent to advocate for voting rights in other states, establishing a legal framework for future cases challenging Native American disenfranchisement.

Modern Challenges in Native American Voting

#

Native American voters continue to face significant barriers to electoral participation despite having formal voting rights. Reservation residents encounter limited polling locations, with many having to travel over 20 miles to reach the nearest voting site. In states like Arizona South Dakota Montana, some tribal members must travel up to 150 miles round-trip to cast their ballots.

Strict voter ID requirements create additional obstacles for Native American voters. Several states reject tribal IDs or require street addresses instead of P.O. boxes, which many reservation residents use. In North Dakota, a 2018 voter ID law impacted over 5,000 Native Americans who lacked the required residential address documentation.

Voting ChallengeImpact on Native Americans
Distance to Polling Sites20+ miles average travel
Lack of Traditional Street AddressesAffects 35% of reservation residents
Limited Internet Access47% of residents on tribal lands lack broadband
Language Barriers1 in 3 Native Americans speak traditional languages

Language accessibility remains a persistent issue in predominantly Native areas. The Voting Rights Act requires language assistance in jurisdictions where more than 5% of voting-age citizens belong to a single language minority group. However, only 84 out of over 3,000 counties provide Native American language assistance.

Electronic registration systems create additional barriers due to limited internet access on reservations. According to the Federal Communications Commission, 47% of residents on tribal lands lack access to broadband internet, compared to 7% of the general U.S. population.

Recent redistricting efforts have diluted Native American voting power in several states:

  • Splitting tribal communities across multiple districts

  • Creating at-large voting systems that minimize Native representation

  • Reducing the number of polling locations in tribal areas

  • Implementing strict registration deadlines that conflict with tribal schedules

  • Limited mail service on reservations

  • Reduced in-person voting options

  • Difficulty meeting ID requirements during lockdowns

  • Inadequate resources for voter education outreach

Key Takeaways

#
  • Native Americans were the last group to gain full voting rights in the United States, with Utah being the final state to grant these rights in 1957.
  • The Indian Citizenship Act of 1924 (Snyder Act) granted U.S. citizenship to Native Americans, but did not automatically guarantee voting rights due to state-level restrictions.
  • Major barriers to Native American voting included literacy tests, poll taxes, property requirements, and guardianship clauses that persisted across multiple states between 1924-1957.
  • Arizona's 1948 Harrison v. Laveen case marked a pivotal breakthrough in Native American voting rights, influencing other states to remove discriminatory voting restrictions.
  • Despite having formal voting rights today, Native Americans still face significant challenges including limited polling locations, strict voter ID requirements, and lack of language accessibility.

Conclusion

#

The path to Native American voting rights stands as a testament to the enduring struggle for equality in American democracy. While Utah's 1957 decision marked the formal end of state-level voting restrictions many challenges persist today.

Modern Native American voters still face significant hurdles including limited polling locations strict voter ID requirements and language barriers. These ongoing obstacles highlight that the fight for truly equitable voting access isn't over.

The journey from disenfranchisement to full voting rights reminds us that democracy requires constant vigilance and advocacy to ensure all voices are heard in the electoral process. It's a powerful reminder that voting rights must not only exist on paper but be practically accessible to all citizens.

FAQ

When did Native Americans receive U.S. citizenship?

The Indian Citizenship Act of 1924 granted U.S. citizenship to approximately 125,000 Native Americans born in the United States. However, this act did not automatically guarantee voting rights, as election administration was left to individual states.

Which state was the last to grant Native Americans voting rights?

Utah was the last state to grant Native Americans full voting rights in 1957. This came after decades of legal battles and civil rights movements, marking the end of formal state-level restrictions on Native American voting.

What major barriers did Native Americans face in voting?

Native Americans faced numerous discriminatory practices, including literacy tests, poll taxes, property requirements, and guardianship clauses. States also used tribal sovereignty arguments to exclude them from voting and classified reservation residents as living outside state jurisdiction.

What was the significance of Harrison v. Laveen (1948)?

Harrison v. Laveen was a landmark Arizona Supreme Court case that overturned the classification of Native Americans as "under guardianship." This decision granted voting rights to over 55,000 Native Americans and set an important precedent for other states to follow.

What modern challenges do Native American voters face?

Current challenges include limited polling locations (requiring travel up to 150 miles round-trip), strict voter ID requirements that reject tribal IDs, lack of language assistance, poor internet access for electronic registration, and redistricting efforts that dilute Native voting power.

Which law strengthened Native American voting rights nationally?

The Voting Rights Act of 1965 significantly strengthened Native American voting rights by prohibiting discriminatory voting practices nationwide. The act also included provisions for language assistance in areas with significant Native American populations.

Did U.S. citizenship automatically grant voting rights to Native Americans?

No, U.S. citizenship did not automatically guarantee voting rights. The Constitution delegated election administration to individual states, allowing them to impose various restrictions that effectively prevented Native Americans from voting despite their citizenship status.

0 people found this helpful
Event Details
  • DateJanuary 1, 1957
  • Time Period1870-1957
  • Key LegislationIndian Citizenship Act 1924
  • Final StateUtah
  • Legislative ImpactVoting Rights Act 1965
  • Key Court CaseHarrison v. Laveen 1948
  • Population Affected125000 Native Americans
  • Primary BarriersLiteracy tests, Poll taxes, Property requirements
  • Geographic ScopeUnited States
  • Civil Rights CategoryVoting Rights
  • Historical SignificanceLast major group to gain full voting rights