60th Anniversay of Arizona Supreme Court Descision Recognizing the Right to Vote for American Indians

Next month July 15 will mark the 60th year anniversary of the Arizona Supreme Court decision that recognized the right of American Indians to vote. The Supreme Court of Arizona On July 15 1948 unanimously overruled the previous opinions of the court that American Indians did not have the right to vote. Judge Levi S. Udall, father of U.S. Rep. Morris Udall, quoted the Indian law scholar Felix Cohen and stated in his decision: "In a democracy, suffrage is the most basic civil right, since its exercise is the chief means whereby other rights may be safe-guarded. To deny the right to vote where one is legally entitled to do so, is to do violence to the principles of freedom and equality."

The Arizona Republic today June 23, 2008 reported information gathered from the National Congress of American Indians (NCAI) and Inter-Tribal Council of Arizona regarding the history of Indian voting rights of Arizona in remarking on the 60th year anniversary of the Arizona Supreme court decision.
http://www.azcentral.com/arizonarepublic/arizonaliving/articles/0623azjournal0623.html

• 1917 - American Indians who lived on reservations in Arizona were exempt from the military draft because they were not considered American citizens. Still, more than 8,000 Indians nationwide voluntarily served in World War I.

• 1924 - The Indian Citizenship Act was passed, partly as an attempt to assimilate Indians into the American mainstream. This technically gave the right to vote, although most states still refused to allow Indians to register.

• 1928 - Peter Porter, a Pima from the Gila River Reservation, filed a lawsuit to gain the right to vote. But the Arizona Supreme Court ruled against the case, saying that Indians were under federal guardianship, and that the state constitution denied the vote to "mental incompetents and people under guardianship."

• 1940 - The Nationality Act of 1940 reaffirmed the citizenship of all Indians living on or off reservations in the United States, partly so they could be drafted as America entered World War II. After the war, due to the "federal guardianship" rule, American Indians in Arizona were denied federal benefits such as Old Age Assistance, even though they paid federal taxes to fund them.

• Nov. 8, 1947 - Frank Harrison, a Yavapai from the Fort McDowell Reservation, and Harry Austin, Yavapai tribal chairman, tried to register to vote at the Maricopa County Recorder's Office in Phoenix. The recorder refused, a lawsuit was filed and the Superior Court ruled against the Native Americans.

• July 15, 1948 - The Supreme Court of Arizona unanimously overruled the previous opinions. Judge Levi S. Udall, father of U.S. Rep. Morris Udall, quoted the Indian law scholar Felix Cohen and stated in his decision: "In a democracy, suffrage is the most basic civil right, since its exercise is the chief means whereby other rights may be safe-guarded. To deny the right to vote where one is legally entitled to do so, is to do violence to the principles of freedom and equality."

After the 1948 decision, legal and cultural barriers remained. For example, potential voters had to prove they could read and write English, and many Indians could not. In 1976, the Arizona Legislature passed a law that allowed a voter to bring someone of his or her own choosing to help in voting.