| By: Trista Vaughn Published in Association on American Indian Affairs, Indian Affairs Journal, Volume 198, Spring/Summer 2026 and has been updated since originally published. For many Americans, voting is often framed as a simple civic act. Register to vote, show up to the polls, and cast a ballot. However, for Native voters, the path to the ballot box has rarely been straightforward. It is shaped by geography, documentation, infrastructure, and systems that have not always recognized Native identity or access. The history of Native voting rights in the United States reflects a long struggle for political participation despite the inherent sovereignty of Native Nations. Although Congress unilaterally passed the Indian Citizenship Act in 1924 (without the consent of Native Peoples), citizenship alone did not guarantee the right to vote. Many states continued to use laws and policies that effectively disenfranchised Native voters, arguing that Native citizens living on Native lands were under federal guardianship, exempt from taxation, or otherwise ineligible to participate in state elections. As a result, Native Peoples in several states remained excluded from the electoral process long after citizenship was formally recognized. |  |
Native Nations and Native advocates spent decades challenging these and other barriers through litigation, legislative advocacy, and grassroots organizing. Landmark court cases in states such as Arizona and New Mexico helped secure voting rights for Native citizens, yet obstacles persisted in many forms. Polling places were often located far from Native Nation lands, election materials were not always accessible to Native language speakers, and voter registration systems frequently failed to account for the realities of life in Native Country.
While significant progress has been made, the history of Native voting rights demonstrates that access to the ballot has never been automatic for Native Peoples. Understanding this history provides important context for the barriers Native voters continue to face today, including identification requirements, nontraditional addresses, limited election infrastructure, and other policies that disproportionately affect Native Nations.
Proposed legislation like the Safeguard American Voter Eligibility Act, or the SAVE America Act, introduces a new aggravated layer to that reality. The bill would require individuals to provide documentation of U.S. citizenship, such as a passport or birth certificate, in order to register to vote or update their registration. It would also require many voters to present this documentation in person, limiting the use of online and mail-in registration systems that millions of people rely on. (1)
At first glance, these requirements may seem like standard safeguards. But for millions of people, access to these documents is not guaranteed. Many Americans do not have passports and cannot afford to obtain a passport, and others face financial or logistical challenges in obtaining a birth certificate. These barriers disproportionately impact people of color and low-income individuals.
For Native voters, this issue is further complicated by how Native identity and citizenship are recognized. Native Nation citizenship is defined by Native Nations themselves, and many Nations provide identification that reflects that relationship. However, under the SAVE Act, Native Nation IDs alone may not be sufficient because they often do not include place of birth or other federally required details. (2) According to the Native American Rights Fund (NARF), this could require Native voters to obtain additional documentation, creating new obstacles to participation.
A Native person’s inability to use their Native Nation ID highlights a larger issue between Native Nation citizenship and federal recognition. Native Nations have the sovereign right to determine their own citizenship, and their IDs are official government-issued documents within those Nations. However, state and federal systems do not generally recognize Native Nation identification in the same way they recognize other government-issued IDs. As a result, Native voters may still be asked to provide additional paperwork, such as a birth certificate or passport, even though their Native Nation citizenship has already been verified by their Nation’s sovereign government.
Documentation is only one part of the challenge. Many Native voters live in rural areas or on Native Nation lands where access to local, state or federal government offices are limited. In some cases, registering to vote under the SAVE Act could require traveling long distances that range over 100 miles or more to reach an election office. For voters without reliable transportation, flexible work schedules, or nearby services, these requirements can quickly become barriers. What may be a simple task for some becomes a multi-step process for others, requiring time, money, and access that is not always available.
These concerns have also been raised at the federal level. U.S. Senator Lisa Murkowski, a Republican who serves as Chair of the Senate Committee on Indian Affairs, has spoken out against the SAVE Act, warning that it could suppress Native voter access, particularly in rural and remote areas. (3) In places like Alaska, where many villages are not connected by road systems, she noted that requiring in-person documentation could mean traveling by plane just to register to vote.
The impact of these policies extends beyond Native Nations. Communities of color, including Black and Latino voters, are also more likely to face barriers in accessing government-issued identification. These disparities are tied to broader systemic issues, including income inequality, access to transportation, and availability of government services. When these factors intersect, the result is compounded barriers to participation. For Native voters, those barriers are layered on top of existing challenges tied to geography, infrastructure, and the ongoing need for federal systems to recognize Native identity.
Supporters of the SAVE Act argue that it is designed to protect election integrity and ensure that only eligible voters participate. However, evidence consistently shows that noncitizen voting is extremely rare. This raises an important question: if the issue the policy seeks to address is minimal, what is the impact of the solution?
Past examples offer some insight. According to the NARF, when states implemented similar “show your papers” laws, tens of thousands of eligible voters were prevented from registering, including disproportionately high numbers of Native voters. Despite these challenges, Native-led organizations continue to work to ensure that Native voters have access to the ballot box. Efforts include voter education, outreach, and assistance with navigating registration and identification requirements. Organizations like Rock the Native Vote focus on mobilizing Native voters and providing resources that make participation more accessible. Groups like VoteRiders help individuals obtain the identification they need to vote. (4)
These efforts reflect a broader commitment to ensure that Native voices—and all voices—are heard. They also highlight the importance of solutions that remove barriers rather than create them. Expanding recognition of Native Nation identification, increasing access to polling locations, and maintaining flexible registration options are all part of building a more equitable system.
Voting has always been about more than a single moment at the ballot box. For Native Nations, it is connected to the ability to influence decisions that impact land, water, culture, education, healthcare, and next generations. For Native voters, the journey to the ballot box continues to be shaped by both progress and ongoing challenges. As legislation like the SAVE Act move forward, there is an opportunity to ask not just who can vote, but how accessible that right truly is. Because when access becomes limited, so does representation. And when representation is limited, so is the ability to shape a future that shares our values as citizens.
The conversation surrounding the SAVE Act highlights the ongoing need to protect fair voting access for Native Nations and people of color. People can support this work by staying informed about changes to voting laws, helping Native voters understand registration and identification requirements, supporting Native-led voter outreach organizations, and advocating for the recognition of Native Nation identification in election systems. Reducing barriers to participation is an important step toward ensuring every eligible Native voter has the opportunity to make their voice heard.
As of September 2026, the SAVE Act has still not become law, but it has advanced along two tracks. After the House passed its version earlier in the year, Republican leaders pursued a second path through the budget reconciliation process, which would allow election-related provisions to move through the Senate with a simple majority rather than the 60 votes most legislation requires. In July 2026, the House approved a budget framework setting aside roughly $10 billion in grants to encourage states to adopt SAVE Act-style requirements — a shift toward incentivizing states rather than mandating the rules outright. (5)
In the Senate, however, the legislation has repeatedly stalled. Supporters brought versions of the bill to the floor multiple times throughout 2026, including a narrower measure focused only on photo identification, but none secured the votes needed to advance. (6) The Senate left for its August recess without passing the bill. When lawmakers returned in mid-September the Act had still not advanced, leaving both the legislation and the separate reconciliation effort unresolved as the November midterm elections approach. (7)
For Native Nations, the concerns have only sharpened. The Navajo Nation unanimously passed a resolution opposing the legislation, with their leaders warning that in-person documentation requirements would create chaos where voters already travel long distances to reach election offices. (8) Newer versions of the bill list Tribal IDs among acceptable forms of photo identification for voting (9), but because most Tribal IDs do not include a place of birth, they still may not satisfy the proof-of-citizenship requirement at registration — leaving the core barrier for Native voters in place. (10)
Sources
1 Native American Rights Fund, The SAVE Act Hurts Native Voters (March 12, 2026), NARF.org/save-act-hurts-native-voters.
2 Ginny Underwood, “Tribal IDs and REAL IDs do not confirm U.S. Citizenship. That’s a Problem.”, (March 19, 2026), Rock the Native Vote, Rockthenativevote.org/news.
3 Levi Rickert, "Sen. Murkowski Opposes SAVE Act, Warns It Would Suppress Native Voter Access,"(March 20, 2026) Native News Online, Nativenewsonline.net/currents/sen-murkowski-opposes-save-act-warns-it-would-suppress-native-voter-access.
4 VoteRiders, Voter ID Assistance Resources (2026), Voteriders.org.
5 Democracy Docket, "House passes SAVE America Act anti-voting measures in budget reconciliation, stock trading bills," (September 16, 2026) https://www.democracydocket.com/news-alerts/house-passes-save-america-act-anti-voting-measures-in-budget-reconciliation-stock-trading-bills/
6 Democracy Docket, "Voters spared as Senate recesses without passing SAVE America Act's voter ID measure," (September 16, 2026) https://www.democracydocket.com/news-alerts/voters-spared-as-senate-recesses-without-passing-save-america-acts-voter-id-measure/
7 One America News Network, "Senate departs D.C. for recess without passing SAVE America Act," (September 16, 2026) https://www.oann.com/newsroom/senate-departs-d-c-for-recess-without-passing-save-america-act/
8 Here & Now (WBUR), "'It's going to be chaos': On rural Navajo Nation, tribal leaders slam voter-ID bill," (September 16, 2026) https://www.wbur.org/hereandnow/2026/04/09/navajo-nation-save-act
9 Congressional Research Service via Congress.gov, "Safeguard American Voter Eligibility Act (SAVE America Act) and Federal Voter Registration Policy and Law," (September 16, 2026) https://www.congress.gov/crs-product/IF12902
10 American Indian College Fund, "Tell Your Senator to Vote NO on the SAVE Act," (September 16, 2026)
https://collegefund.org/blog/advocacy/tell-your-senator-to-vote-no-on-the-save-act-a-barrier-to-voting-rights/
While significant progress has been made, the history of Native voting rights demonstrates that access to the ballot has never been automatic for Native Peoples. Understanding this history provides important context for the barriers Native voters continue to face today, including identification requirements, nontraditional addresses, limited election infrastructure, and other policies that disproportionately affect Native Nations.
Proposed legislation like the Safeguard American Voter Eligibility Act, or the SAVE America Act, introduces a new aggravated layer to that reality. The bill would require individuals to provide documentation of U.S. citizenship, such as a passport or birth certificate, in order to register to vote or update their registration. It would also require many voters to present this documentation in person, limiting the use of online and mail-in registration systems that millions of people rely on. (1)
At first glance, these requirements may seem like standard safeguards. But for millions of people, access to these documents is not guaranteed. Many Americans do not have passports and cannot afford to obtain a passport, and others face financial or logistical challenges in obtaining a birth certificate. These barriers disproportionately impact people of color and low-income individuals.
For Native voters, this issue is further complicated by how Native identity and citizenship are recognized. Native Nation citizenship is defined by Native Nations themselves, and many Nations provide identification that reflects that relationship. However, under the SAVE Act, Native Nation IDs alone may not be sufficient because they often do not include place of birth or other federally required details. (2) According to the Native American Rights Fund (NARF), this could require Native voters to obtain additional documentation, creating new obstacles to participation.
A Native person’s inability to use their Native Nation ID highlights a larger issue between Native Nation citizenship and federal recognition. Native Nations have the sovereign right to determine their own citizenship, and their IDs are official government-issued documents within those Nations. However, state and federal systems do not generally recognize Native Nation identification in the same way they recognize other government-issued IDs. As a result, Native voters may still be asked to provide additional paperwork, such as a birth certificate or passport, even though their Native Nation citizenship has already been verified by their Nation’s sovereign government.
Documentation is only one part of the challenge. Many Native voters live in rural areas or on Native Nation lands where access to local, state or federal government offices are limited. In some cases, registering to vote under the SAVE Act could require traveling long distances that range over 100 miles or more to reach an election office. For voters without reliable transportation, flexible work schedules, or nearby services, these requirements can quickly become barriers. What may be a simple task for some becomes a multi-step process for others, requiring time, money, and access that is not always available.
These concerns have also been raised at the federal level. U.S. Senator Lisa Murkowski, a Republican who serves as Chair of the Senate Committee on Indian Affairs, has spoken out against the SAVE Act, warning that it could suppress Native voter access, particularly in rural and remote areas. (3) In places like Alaska, where many villages are not connected by road systems, she noted that requiring in-person documentation could mean traveling by plane just to register to vote.
The impact of these policies extends beyond Native Nations. Communities of color, including Black and Latino voters, are also more likely to face barriers in accessing government-issued identification. These disparities are tied to broader systemic issues, including income inequality, access to transportation, and availability of government services. When these factors intersect, the result is compounded barriers to participation. For Native voters, those barriers are layered on top of existing challenges tied to geography, infrastructure, and the ongoing need for federal systems to recognize Native identity.
Supporters of the SAVE Act argue that it is designed to protect election integrity and ensure that only eligible voters participate. However, evidence consistently shows that noncitizen voting is extremely rare. This raises an important question: if the issue the policy seeks to address is minimal, what is the impact of the solution?
Past examples offer some insight. According to the NARF, when states implemented similar “show your papers” laws, tens of thousands of eligible voters were prevented from registering, including disproportionately high numbers of Native voters. Despite these challenges, Native-led organizations continue to work to ensure that Native voters have access to the ballot box. Efforts include voter education, outreach, and assistance with navigating registration and identification requirements. Organizations like Rock the Native Vote focus on mobilizing Native voters and providing resources that make participation more accessible. Groups like VoteRiders help individuals obtain the identification they need to vote. (4)
These efforts reflect a broader commitment to ensure that Native voices—and all voices—are heard. They also highlight the importance of solutions that remove barriers rather than create them. Expanding recognition of Native Nation identification, increasing access to polling locations, and maintaining flexible registration options are all part of building a more equitable system.
Voting has always been about more than a single moment at the ballot box. For Native Nations, it is connected to the ability to influence decisions that impact land, water, culture, education, healthcare, and next generations. For Native voters, the journey to the ballot box continues to be shaped by both progress and ongoing challenges. As legislation like the SAVE Act move forward, there is an opportunity to ask not just who can vote, but how accessible that right truly is. Because when access becomes limited, so does representation. And when representation is limited, so is the ability to shape a future that shares our values as citizens.
The conversation surrounding the SAVE Act highlights the ongoing need to protect fair voting access for Native Nations and people of color. People can support this work by staying informed about changes to voting laws, helping Native voters understand registration and identification requirements, supporting Native-led voter outreach organizations, and advocating for the recognition of Native Nation identification in election systems. Reducing barriers to participation is an important step toward ensuring every eligible Native voter has the opportunity to make their voice heard.
As of September 2026, the SAVE Act has still not become law, but it has advanced along two tracks. After the House passed its version earlier in the year, Republican leaders pursued a second path through the budget reconciliation process, which would allow election-related provisions to move through the Senate with a simple majority rather than the 60 votes most legislation requires. In July 2026, the House approved a budget framework setting aside roughly $10 billion in grants to encourage states to adopt SAVE Act-style requirements — a shift toward incentivizing states rather than mandating the rules outright. (5)
In the Senate, however, the legislation has repeatedly stalled. Supporters brought versions of the bill to the floor multiple times throughout 2026, including a narrower measure focused only on photo identification, but none secured the votes needed to advance. (6) The Senate left for its August recess without passing the bill. When lawmakers returned in mid-September the Act had still not advanced, leaving both the legislation and the separate reconciliation effort unresolved as the November midterm elections approach. (7)
For Native Nations, the concerns have only sharpened. The Navajo Nation unanimously passed a resolution opposing the legislation, with their leaders warning that in-person documentation requirements would create chaos where voters already travel long distances to reach election offices. (8) Newer versions of the bill list Tribal IDs among acceptable forms of photo identification for voting (9), but because most Tribal IDs do not include a place of birth, they still may not satisfy the proof-of-citizenship requirement at registration — leaving the core barrier for Native voters in place. (10)
Sources
1 Native American Rights Fund, The SAVE Act Hurts Native Voters (March 12, 2026), NARF.org/save-act-hurts-native-voters.
2 Ginny Underwood, “Tribal IDs and REAL IDs do not confirm U.S. Citizenship. That’s a Problem.”, (March 19, 2026), Rock the Native Vote, Rockthenativevote.org/news.
3 Levi Rickert, "Sen. Murkowski Opposes SAVE Act, Warns It Would Suppress Native Voter Access,"(March 20, 2026) Native News Online, Nativenewsonline.net/currents/sen-murkowski-opposes-save-act-warns-it-would-suppress-native-voter-access.
4 VoteRiders, Voter ID Assistance Resources (2026), Voteriders.org.
5 Democracy Docket, "House passes SAVE America Act anti-voting measures in budget reconciliation, stock trading bills," (September 16, 2026) https://www.democracydocket.com/news-alerts/house-passes-save-america-act-anti-voting-measures-in-budget-reconciliation-stock-trading-bills/
6 Democracy Docket, "Voters spared as Senate recesses without passing SAVE America Act's voter ID measure," (September 16, 2026) https://www.democracydocket.com/news-alerts/voters-spared-as-senate-recesses-without-passing-save-america-acts-voter-id-measure/
7 One America News Network, "Senate departs D.C. for recess without passing SAVE America Act," (September 16, 2026) https://www.oann.com/newsroom/senate-departs-d-c-for-recess-without-passing-save-america-act/
8 Here & Now (WBUR), "'It's going to be chaos': On rural Navajo Nation, tribal leaders slam voter-ID bill," (September 16, 2026) https://www.wbur.org/hereandnow/2026/04/09/navajo-nation-save-act
9 Congressional Research Service via Congress.gov, "Safeguard American Voter Eligibility Act (SAVE America Act) and Federal Voter Registration Policy and Law," (September 16, 2026) https://www.congress.gov/crs-product/IF12902
10 American Indian College Fund, "Tell Your Senator to Vote NO on the SAVE Act," (September 16, 2026)
https://collegefund.org/blog/advocacy/tell-your-senator-to-vote-no-on-the-save-act-a-barrier-to-voting-rights/
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