States move to shore up voting rights protections after courts erode federal safeguards

ST. PAUL, Minn. (AP) — An appeals court ruling that weakened a key part of the Voting Rights Act is spurring lawmakers in several states to enact state-level protections to plug gaps that the ruling opened in the landmark federal law aimed at prohibiting racial discrimination in voting.

Democratic-led states have been taking matters into their own hands because national legislation to expand voting rights remains stalled in a divided Congress. Meanwhile, Republican lawmakers in many states have tried to erode safeguards in the name of protecting election integrity amid former President Donald Trump's false claims that vote fraud cost him the 2020 election.

Legislators in Minnesota, Michigan, Maryland, New Jersey and Florida are pursuing state voting rights acts, building on ones enacted by New York in 2022 and Connecticut in 2023, as well as ones enacted earlier in Virginia, Oregon, Washington and California.

“And we know of interest from other states that are considering taking up state VRAs in the next year or so,” said Michael Pernick, an attorney for the NAACP Legal Defense Fund in New York.

In Minnesota, Democratic Rep. Emma Greenman, of Minneapolis, said she felt an urgent need to act after the 8th U.S. Circuit Court of Appeals ruled last year in an Arkansas case that voters and groups could no longer sue under Section 2 of the federal Voting Rights Act — only the U.S. attorney general.

Section 2 prohibits voting practices or procedures that discriminate on the basis of race, including maps that disadvantage voters of color. Lawsuits have long been brought under the section to try to ensure Black voters have adequate political representation in places with a long history of racism, including many Southern states.

The appeals court decision currently applies only to the seven states in the 8th Circuit, which stretches from Minnesota to Arkansas. Legal observers expect the case to end up before the U.S. Supreme Court.

“As with other areas of policy, what you’re seeing is, states really have to say, 'We need to make sure that ... we have a system that is free from discrimination, we need to protect the rights of voters,'” Greenman said.

The 1965 Voting Rights Act is seen as a crowning achievement of the civil rights movement. But federal courts have “chipped away” at it over the decades, said Lata Nott, an attorney with the Campaign Legal Center in Washington, D.C., who testified for the Minnesota bill.

The biggest blow to the federal law in the view of voting rights advocates was a 2013 Supreme Court ruling in an Alabama case that stripped the government of a potent tool to stop voting bias by eliminating the requirement that jurisdictions with a history of racial discrimination in voting get “preclearance” from the federal government for major changes in the way they hold elections.

Conservatives have argued the requirement did not account for racial progress and other changes in society and that existing voting rights protections are adequate.

“It looks like this an effort by the Left in the state to do at the state level what they can’t do at the federal level under the VRA,” said Zack Smith, a legal fellow at the conservative Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies.

The 8th Circuit decision sounded new alarms because most lawsuits to enforce the act have come from private individuals and groups, not the Justice Department, Nott said. Administrations change, so allowing people to protect their own voting rights is a “valuable enforcement mechanism,” she said.

There are broad similarities among the various state voting rights acts under consideration and the New York and Connecticut laws. They all give voters and groups a “private right of action” to challenge laws that dilute or suppress the votes of people of color, Pernick said. That's the right the 8th Circuit struck down on the federal level.

Some of the state proposals also include preclearance requirements for changes in voting to make sure they don't harm voters of color.

The Minnesota proposal is expected to get floor votes soon as part of a broader election policy bill, and the sponsors said they are cautiously optimistic about passage. The Maryland proposal has had hearings, while an effort in Michigan is expected to get hearings in April, Nott said.

Several state proposals include “safe harbor” provisions to try to head off the kind of lengthy, expensive litigation that often has been needed to enforce the federal law. The Minnesota bill, for example, would require potential plaintiffs to notify political subdivisions before they sue to create opportunities to negotiate remedies first.

Minnesota has an image as progressive on voting rights, and the current Legislature is the most diverse in state history. But witnesses who testified before the Legislature recently said there are still problems.

They point to data showing county boards across the state, which make important decisions affecting communities of color, are disproportionately white. Electing local bodies by districts that minority candidates could win, instead of at-large seats, is one potential remedy for preventing vote dilution.

Minnesota Secretary of State Steve Simon, a Democrat who is president-elect of the National Association of Secretaries of State, said he is trying to enlist as many of his fellow election officers across the country to file a friend-of-the-court brief urging the U.S. Supreme Court to overturn the 8th Circuit decision if the plaintiffs in the Arkansas case appeal. But for now, he said, that ruling is the law in seven states.

“If we can no longer count on the federal Voting Rights Act to allow private citizens to protect their own voting rights, then we need a Minnesota Voting Rights Act to fill the gap,” Simon testified. “And that’s what this bill does. It fills the gap by guaranteeing a day in court for Minnesota voters to defend their voting rights against laws or policies that they believe discriminate against them."

Officials with groups representing Minnesota's local governments testified they support the concept but were concerned about the potential extra costs it could impose on them, an issue that raised concerns among Republicans on the committees that have heard the bill. Republicans also argued it's a heavier-handed tool than Minnesota needs.

Democratic Minnesota Gov. Tim Walz said he had not studied the proposal in detail, but he shares the ideals of making voting easy and accessible.

“If this is moving down those paths, that’s a good thing,” Walz said.

Minnesota Senate President Bobby Joe Champion, a Minneapolis Democrat, is the lead author of the Minnesota Voting Rights Act in the Senate.

“Our democracy is important. We want more people voting, not less. We want more people’s voice to be heard, not silenced. We want people’s rights to be protected, not squandered,” Champion said.

Democratic Minnesota Gov. Tim Walz is photographed in the press room at the State Capitol, on March 13, 2024, in St. Paul, Minn. In an interview with The Associated Press, the Democrat discussed the proposed Minnesota Voting Rights Act, and noted that he signed other measures last year to make voting easier. (AP Photo/Steve Karnowski)

Minnesota State Rep. Emma Greenman poses for a photo in her office in the State Capitol complex, March 12, 2024, in St. Paul, Minn. Greenman, a Democrat from Minneapolis, is the lead House author of the proposed Minnesota Voting Rights Act. Minnesota is one of several states moving to enact state-level protections to plug gaps that the courts have opened up in the landmark federal Voting Rights Act. (AP Photo/Steve Karnowski)

Minnesota Senate President Bobby Joe Champion sits at his desk in his office in the State Capitol complex, March 11, 2024, in St. Paul, Minn. Champion, a Democrat from Minneapolis, is the lead Senate author of the proposed Minnesota Voting Rights Act. Minnesota is one of several states moving to enact state-level protections to plug gaps that the courts have opened up in the landmark federal Voting Rights Act. (AP Photo/Steve Karnowski)

ALBUQUERQUE, N.M. (AP) — It was a frigid winter morning when authorities found a Native American man dead on a remote gravel road in western New Mexico. He was lying on his side, with only one sock on, his clothes gone and his shoes tossed in the snow.

There were trails of blood on both sides of his body and it appeared he had been struck in the head.

Investigators retraced the man's steps, gathering security camera footage that showed him walking near a convenience store miles away in Gallup, an economic hub in an otherwise rural area bordered on one side by the Navajo Nation and Zuni Pueblo on the other.

Court records said the footage and cell phone records showed the victim — a Navajo man identified only as John Doe — was “on a collision course” with the man who would ultimately be accused of killing him.

A grand jury has indicted a man from Zuni Pueblo on a charge of second-degree murder in the Jan. 18 death, and prosecutors say more charges are likely as he is the prime suspect in a series of crimes targeting Native American men in Gallup, Zuni and Albuquerque. Investigators found several wallets, cell phones and clothing belonging to other men when searching his vehicle and two residences.

As people gathered around the nation on Sunday to spotlight the troubling number of disappearances and killings in Indian Country, authorities say the New Mexico case represents the kind of work the U.S. Department of Justice had aspired to when establishing its Missing and Murdered Indigenous Persons outreach program last summer.

Special teams of assistant U.S. attorneys and coordinators have been tasked with focusing on MMIP cases. Their goal: Improve communication and coordination across federal, tribal, state and local jurisdictions in hopes of bridging the gaps that have made solving violent crimes in Indian Country a generational challenge.

Some of the new federal prosecutors were participating in MMIP Awareness Day events. From the Arizona state capitol to a cultural center in Albuquerque and the Qualla Boundary in North Carolina, marches, symposiums, art exhibitions and candlelight vigils were planned for May 5, which is the birthday of Hanna Harris, who was only 21 when she was killed on the Northern Cheyenne Indian Reservation in Montana in 2013.

It was an emotional day in Albuquerque, where family members and advocates participated in a prayer walk. They chanted: “What do we want? Answers! What do we want? Justice!" There were tears and long embraces as they shared their stories and frustrations. They talked about feeling forgotten and the lack of resources in Native communities.

Geraldine Toya of Jemez Pueblo marched with other family members to bring awareness to the death of her daughter Shawna Toya in 2021. She said she and her husband are artists who make pottery and never dreamed they would end up being investigators in an effort to determine what happened to their daughter.

“Our journey has been rough, but you know what, we're going to make this journey successful for all of our people that are here in this same thing that we're struggling through right now,” she said, vowing to support other families through their heartbreak as they seek justice.

Alex Uballez, the U.S. attorney for the District of New Mexico, told The Associated Press on Friday that the outreach program is starting to pay dividends.

“Providing those bridges between those agencies is critical to seeing the patterns that affect all of our communities,” Uballez said. “None of our borders that we have drawn prevents the spillover of impacts on communities — across tribal communities, across states, across the nation, across international borders.”

Assistant U.S. Attorney Eliot Neal oversees MMIP cases for a region spanning New Mexico, Arizona, Colorado, Utah and Nevada.

Having law enforcement agencies and attorneys talking to each other can help head off other crimes that are often precursors to deadly violence. The other pieces of the puzzle are building relationships with Native American communities and making the justice system more accessible to the public, Neal said.

Part of Neal's work includes reviewing old cases: time-consuming work that can involve tracking down witnesses and resubmitting evidence for testing.

“We’re trying to flip that script a little bit and give those cases the time and attention they deserve,” he said, adding that communicating with family members about the process is a critical component for the MMIP attorneys and coordinators.

The DOJ over the past year also has awarded $268 million in grants to tribal justice systems for handling child abuse cases, combating domestic and sexual violence and bolstering victim services.

Assistant U.S. Attorney Bree Black Horse was dressed in red as she was sworn in Thursday during a ceremony in Yakima, Washington. The color is synonymous with raising awareness about the disproportionate number of Indigenous people who have been victims of violence.

She prosecutes MMIP cases in a five-state region across California and the Pacific Northwest to Montana. Her caseload is in the double digits, and she's working with advocacy groups to identify more unresolved cases and open lines of communication with law enforcement.

An enrolled member of the Seminole Nation of Oklahoma and a lawyer for more than a decade, Black Horse said having 10 assistant U.S. attorneys and coordinators focusing solely on MMIP cases is unprecedented.

“This is an issue that has touched not only my community but my friends and my family,” she said. “I see this as a way to help make sure that our future generations, our young people don’t experience these same kinds of disparities and this same kind of trauma.”

In New Mexico, Uballez acknowledged the federal government moves slowly and credited tribal communities with raising their voices, consistently showing up to protest and putting pressure on politicians to improve public safety in tribal communities.

Still, he and Neal said it will take a paradigm shift to undo the public perception that nothing is being done.

The man charged in the New Mexico case, Labar Tsethlikai, appeared in court Wednesday and pleaded not guilty while standing shackled next to his public defender. A victim advocate from Uballez's office was there, too, sitting with victims' family members.

Tsethlikai's attorney argued that evidence had yet to be presented tying her client to the alleged crimes spelled out in court documents. Assistant U.S. Attorney Matthew McGinley argued that no conditions of release would keep the community safe, pointing to cell phone data and DNA evidence allegedly showing Tsethlikai had preyed on people who were homeless or in need of alcohol so he could satisfy his sexual desires.

Tsethlikai will remain in custody pending trial as authorities continue to investigate. Court documents list at least 10 other victims along with five newly identified potential victims. McGinley said prosecutors wanted to focus on a few of the cases “to get him off the street" and prevent more violence.

In this photo provided by the U.S. Attorney's Office, Eastern District of Washington, U.S. Attorney Vanessa Welder, left, administers the oath of office to Assistant U.S. Attorney Bree Black Horse, right, during a ceremony Thursday, May 2, 2024, at the Yakama Nation Justice Center in Toppenish, Wash. Black Horse is among a team of federal prosecutors and coordinators who are dedicated to working on cases involving the disappearances or killings of Native Americans as part of a U.S. Department of Justice outreach program aimed at addressing the MMIP crisis. (Robert Curry/U.S. Attorney's Office, Eastern District of Washington via AP)

FILE - Family and friends of the missing and murdered march around the California State Capitol at the second annual Missing and Murdered Indigenous People Summit and Day of Action, Tuesday, Feb. 13, 2024, in Sacramento, Calif. Sunday, May 5, marks Missing and Murdered Indigenous Persons Awareness Day. (AP Photo/Jose Luis Villegas, File)