by Darrel Smith
605-845-2507
HCR 30 Box 1
Mobridge, SD 57601
October 16, 2002
South Dakota's reservations have been in both state and national news lately because of fraudulent voter registrations and absentee ballots. Perhaps more important than the illegal fraud on these reservations is a fraud that passes as "legal."
One of the most fundamental concepts in America is equal rights, especially, equality in voting rights and citizenship responsibilities. In fact, a judge has proclaimed that, "Indeed, no right is more precious in a free country than that of having a choice in the election of those who make the laws under which we live." Unfortunately, voting rights are routinely distorted and violated in reservation areas. I live in a county that is completely within an Indian reservation and also within a special state legislative district that was purposely drawn to include sixty percent Indian representation. These realities create a series of citizenship problems for me and thousands of other non-members who live on reservations because of changing federal Indian policies.
With the encouragement and support of much of the federal government, tribal governments are seeking to establish supreme jurisdiction over reservation territory instead of just over their own members and land. This means that almost 400,000 non-members who live within reservation boundaries are being threatened with, or subjected to, tribal government taxation, zoning regulations, business licenses, hiring and contract preferences, environmental and endangered species regulations, and clean air and water regulations while they are completely and permanently excluded from voting and participation in tribal government because of their non-Indian race.
Tribal members on reservations by contrast can rightly participate in local, city and county governments. They can vote and participate in making, enforcing and judging local laws. However, modern interpretations of their status as tribal members on reservations generally protect them from having to pay the taxes, obey the laws, or be subject to the courts of these governments. Thus, they can vote for taxes, laws and programs that they don't have to either fund or obey. This capability of tribal members to vote for taxes and programs that they don't have to support is very threatening to non-members who must fund and obey these local jurisdictions.
My state legislative district was purposely drawn for the explicit purpose of increasing Indian representation in the state legislature. This means that this district was purposely drawn to reduce or exclude the representation of the non-Indians who live in the district. There is an important difference between these two groups of people in this district, however. The non-Indians must pay state taxes and obey state regulations while the tribal members are generally not required to do either. Thus an Indian legislator will vote for taxes and laws that he will not be subject to when he returns home. In contrast, non-Indians, who have been excluded from the legislative process by gerrymandering, are required to both fund and obey these same state laws.
Is this a fair system or is it fraud? Is it American democracy or is it racism and tyranny?