Indian Attorney Association to Help Voters

OKLAHOMA CITY, OK - With many political races being so close, many feel that Oklahoma's Native American voters could make a critical difference in various contests throughout the state for both state and federal seats. The Oklahoma Indian Bar Association (OIBA), a statewide group of attorneys and law students in Oklahoma, is part of a greater nationwide effort, referred to as "Native Vote 2004." Spearheaded by the DC Chapter of the Native American Bar Association and the National Congress of American Indians, the concern of the group is not with backing one candidate or another, but rather, making sure that voters don't have problems casting their vote at the polls. "If they do have problems, we'll be available to help them sort out what to do to exercise their rights," said Dana Jim, Secretary of the OIBA and co-chair of OIBA's Native Vote 2004 Project. On election day, November 2, persons may call 405/272-9241 for assistance.

The national effort was felt to be necessary when, most notably in South Dakota, various problems in interpreting rules and confusion surfaced and Native American voters were sent home from the polls and denied the right to vote when they did not have photo IDs. According to the national Native Vote 2004 Election Protection Project Coordinator, Heather Thompson of Washington, DC, "those voters were not able to exercise their constitutional rights because they were not properly advised of alternative procedures to vote." Complaints of deliberate attempts to intimidate or prevent a duly registered person from voting will be taken and referred to law enforcement, if necessary, by Native Vote 2004 attorneys.

According to OIBA president Arvo Mikkanen, "many recently registered voters may not be aware of a new federal law called HAVA that requires voters who registered by mail after January 1, 2003 to have a current valid photo ID or other documentation of their name and address at the ballot box on election day." HAVA, or the Help America Vote Act, was designed to address some of the problems that arose in Florida and in other areas where many voters were not allowed to properly cast their vote. "The most important part of HAVA, we feel, is the right of a properly registered voter to at least be able to cast a provisional vote on election day, if for some reason they cannot adequately verify their address on the day of the election," said Mikkanen, who also serves as a co-chair of the OIBA's Native Vote 2004 Project. The election workers will then attempt to verify the voters registration in the days after the election to determine whether the provisional ballot will be counted .

OIBA attorneys have met with Oklahoma Election Board Secretary Michael Clingman who has already addressed one major concern - whether tribally issued photo IDs would count as a valid form of identification for those newly registered voters. According to Secrertary Clingman, "tribal IDs that have a photo will suffice, as would other forms of photo ID such as a drivers license, a state ID card available from any tag agency, or government issued photo ID." If a newly registered voter does not have a photo ID they can instead bring another document without a photo, so long as it contains the name and address of the voter. Under HAVA, a current utility bill, a bank statement, a government check, a paycheck, or another government issued document, should be accepted. "Even a tribally issued car tag registration, so long as it contains the voter's name and address, would be valid as a government issued document," said Secretary Clingman. "We want our tribal elders who may be votin g for the first time and new registrants to know that they need to bring these documents along to make sure their vote is counted," said Mikkanen.

The OIBA is relying on volunteer attorneys and law students who will not act as poll watchers, but rather will be available to assist with problems that might arise on election day. Calls about voters having difficulty in voting will be taken by an attorney and then other attorneys and law students throughout the state will be tasked with helping answer questions or directing persons to the proper officials. "Ideally, we hope that there are no problems and the phone will not ring on election day, but if it does, we will do our best to help the voter get the information they need to cast their vote, " said Joe Williams a Norman attorney and the 3rd co-chair of OIBA Native Vote 2004. "We're also fortunate that a major downtown Oklahoma City law firm, Andrews Davis, has donated space and the use of their phone system and computers for this public service," said Mikkanen. "It's an excellent example of how attorneys can help the average citizens exercise one of their most funda mental rights - the right to vote," he said.

Oklahoma Native Vote 2004, although primarily concerned with Indian voters, will not just be serving native peoples. "Others in the community may also be interested in what we are doing and may have questions about the election process," said Dana Jim, and "we'll do what we can to help them on election day if the need arises," he said. Oklahoma has the largest Native American population of any state in the union, with over 252,000 persons according to the 2000 census.

The Native Vote 2004 Project is encouraging voters to consider voting before election day by going directly to their county election board and requesting an "In Person Absentee Ballot" or, if they are disabled they may vote by requesting using a special ballot by mail. "By doing that you could avoid long lines and waits on election day at the individual precincts," said Mikkanen. "I'd expect that many of our tribal elders or senior citizens groups may want to go to vote on the Friday, Saturday, or Monday before election day to avoid the wait at individual polling places, although given the high expected turnout, there still may be some delays." "Reading the text of the state questions ahead of time, rather than waiting to do that at the polls should also be considered due to their length and complexity," said Williams. The County Election Board Offices in Oklahoma are open on Friday, October 29 and on Monday, November 1 from 8 a.m. - 6 p.m. They are also open on Saturday, October 30, 2004 from 8 a.m. - 1 p.m.

A training is planned for Native Vote 2004 volunteers next week. For those wanting more information, please consult the OIBA's Website at www.oiba.net or contact the OIBA Native Vote 2004 Project at nativevote2004@hotmail.com or oibanet@hotmail.com. For specific registration or ballot information questions, persons should first attempt to contact their local election board. If a voter encounters difficulties or needs assistance on November 2, questions may be directed to the Native Vote 2004 attorneys at Andrews Davis Law Firm in Oklahoma City at 405/272-9241 on that day only. Other resources such as the 1-866-OUR-VOTE number can also provide assistance to voters prior to that time *END*

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