Judge refuses to block voter ID law for Native Americans in North Dakota 

A federal district court judge on Thursday refused to temporarily exempt Native Americans in North Dakota from a state law requiring residents to show a valid ID that lists a current residential street address when voting.

Chief Judge Daniel Hovland, of the U.S. District Court for North Dakota, cited Tuesday’s midterm election in his decision to reject the emergency request for temporary relief from the requirement to provide proof of a residential address.

Hovland, an appointee of former President George W. Bush, stated, “The federal courts are unanimous in their judgment that it is highly important to preserve the status quo when elections are fast approaching.”

Native Americans argue they are disenfranchised by the law because residents of reservations don’t have standard addresses.  

The state is home to a key Senate race this year, with Sen. Heidi HeitkampMary (Heidi) Kathryn HeitkampSenate battles tighten in two key races Native American tribe sues to stop voter ID requirement in North Dakota Election Countdown: Trump rattles GOP, spars with Ryan on citizenship | Republicans under pressure to denounce Steve King | Dem confidence grows | Pelosi says Dems will take House | Party hopes young voters deliver blue wave | Tester fights for survival MORE (D) relying on support from Native Americans in her campaign against Rep. Kevin CramerKevin John CramerSenate battles tighten in two key races Native American tribe sues to stop voter ID requirement in North Dakota Programs affiliated with Native American tribes provide free IDs in North Dakota MORE (R). Heitkamp was first elected in 2012 with strong support from Native Americans.

In April, the district court blocked the voter ID law from being enforced, but that order was stayed by the 8th Circuit Court of Appeals on Sept. 24. 

In early October, the Supreme Court denied a request from the plaintiffs to toss out the 8th Circuit’s ruling.    

Hovland said Thursday that the allegations in the Native Americans’ complaint do give the court great cause for concern.

“However,” he said, “a further injunction on the eve of this election will create as much confusion as it will alleviate, and is foreclosed by precedent which is hesitant to permit ‘eleventh-hour changes to election laws.’”