“I think the Recall for Couy Committee should look at the legal side of it because those signatures they get on the Mescalero Reservation, I don’t see how they could be used in a recall if I’m already been banished,” Griffin told a local radio station during an interview on July 13 that he questions the legality of the signatures gathered on the Mescalero Reservation since he was banned last fall.
Griffin apparently has forgotten or is unaware of the plight to vote for Native Americans or that there is even precedent for elected officials to be banished from stepping foot onto a reservation, but the Native American Voters still have the right to vote for or against that individual, even if the individual is banished from tribal lands represented.
Native Americans see themselves as patriots. They’re the demographic with the nation’s highest participation in military service. Yet profound differences separate some of their values from those of mainstream America. Many Indigenous people do not support the dominant society’s fiercely maintained system of racial and financial privilege of which Griffins comments allude to. Platforms with health- and community-focused planks are what interest most Native American voters per polling and Mr. Griffins absences from the district, focus on Cowboys for Trump and infatuation with the Trumpian theology don’t bold well for most Native American voters within the district.
The banishment of Couy Griffin from the Mezcalero Apache Reservation was an act, by the tribe, to get his attention. The banishment was to let him know of their displeasure in his actions as a representative in local government. Though driven by his rhetoric, the tribe’s stance of banishment is statement of his ineffectiveness as a leader of the community. The tribe clearly understands the recall is based upon his actions and potential ethics violations and not his rhetoric and as such allowed the signature drive for recall to proceed on their tribal lands.
Leaders build bridges between diverse groups and advocate for their needs. An act of banishment is a statement that he has been ineffective in representing their voice within county government if even at all.
The banishment of a political leader by a Native American tribe is not to be taken lightly and there is precedent for such actions. Couy is NOT the first politician to face a banishment and not the first to question voting rights of Native American citizens.
A most recent example of a tribal banishment is by the Oglala Sioux tribe in South Dakota, Via banishment they told the state’s governor that she was no longer welcome to access the Pine Ridge Reservation, one of the largest in the country, because she signed bills that allegedly target Keystone XL pipeline protesters. The tribe’s president, Julian Bear Runner, informed Gov. Kristi Noem of the council’s unanimous decision in an open letter.
Tribal banishment is a permanent ban from the reservation, and violations are punishable by law with fines or even jail time on their lands. Tribes have sovereign rights over their lands per Federal treaties however they also participate in county and state elections. Federal law allows for what one might deem as dual citizenship the right to participate in tribal elections as per the tribes constitution and the right to participate in local, state and federal elections via rights granted to all citizens within the US constitution.
Voting Rights of New Mexico’s Native American Population:
Miguel Trujillo Sr. had been a Marine sergeant in World War II and was in the middle of getting his master’s degree from the University of New Mexico. But there was one thing he still could not do. Trujillo could not vote. In 1948, the state’s constitution barred American Indians living on reservations from participating in elections. So, that summer, the Isleta Pueblo educator waged a legal battle that culminated in a court ruling 74 years ago that won Native Americans the right to vote in New Mexico.
Even though the federal government had granted citizenship to Native Americans back in 1924, the New Mexico Constitution still barred them from voting. The state’s constitution expressly prohibited from voting “idiots, insane persons, persons convicted of felonious or infamous crime unless restored to political rights, and Indians not taxed.”
That last part referred to Indians living on reservations because they did not pay property taxes on their land. It is unclear whether Native Americans could have registered to vote if they lived outside reservations.
But the provision disenfranchised many and prompted condemnation from the President’s Committee on Civil Rights in its 1947 report. The provision did not make any sense, the committee said. That line in the constitution was written before American Indians were granted citizenship, but they were paying taxes to the state and federal government like other citizens.
Protests against this ban, the report noted, had only gained force as American Indian veterans returned to civilian life after World War II.
It was amid all of this that Trujillo went to the Valencia County Clerk’s Office in June 1948. Family have said Trujillo had grown up with the county clerk, Eloy Garley, but knew he would not be allowed to vote in any event. Sure enough, he was turned away. In turn, Trujillo went to court with the help of Felix Cohen, a former federal official who had become a prominent civil rights lawyer and was working with tribes in New Mexico.
They filed a lawsuit in U.S. District Court focusing on that one strange qualifier in the state constitution. For one thing, Trujillo’s lawsuit argued, he paid plenty of taxes. No, he did not pay taxes on his land. But he paid income taxes and sales taxes. There are other voters who don’t pay property taxes, too, such as renters. But no other group has been barred from voting on the basis that they do not pay property taxes.
On Aug. 3, 1948, a panel of three judges in Santa Fe sided with Trujillo granting Native American voting in New Mexico.
“We are unable to escape the conclusion that under the Fourteenth and Fifteenth Amendments; this constitutes discrimination on the ground of race,” the court said in its ruling. The cruel irony that Trujillo had just served in the military but was denied the right to vote was not lost on the court, either. Native Americans, the court said, “have responded to the need of the country in time of war in a patriotic wholehearted way, both in furnishing manpower in the military forces and in the purchase of war bonds and patriotic contributions of that character.” “Why should they be deprived their rights to not now because they are favored by the federal government in exempting lands from taxation?” the court asked.
With that, American Indians had the right to vote and petition in New Mexico in any election for any candidate like other citizens.
And vote they do. In the most recent election voters elected a record-breaking six Native American congressional candidates to serve in the US House of Representatives. Native candidates also won dozens of races in state and local elections across the country.
In New Mexico at the state level 9 candidates ran…
- WON: Anthony Allison, Navajo Nation, State House 4, Democrat
- UNOPPOSED: Doreen Wonda Johnson, Navajo Nation, State House 5, Democrat
- WON: Derrick Lente, Sandia & Isleta Pueblo, State House 65, Democrat
- UNOPPOSED: Georgene Louis, Acoma Pueblo, State House 26, Democrat
- WON: Patricia Roybal Caballero, Piro Manso Tiwa, State House 13, Democrat
- WON: Shannon Pinto, Navajo Nation, State Senate 3, Democrat
- WON: Benny Shendo Jr., Jemez Pueblo, State Senate 22, Democrat
- WON: Brenda McKenna, Nambe Pueblo, State Senate 9, Democrat
- LOST: Gertrude Lee, Navajo Nation, New Mexico Court of Appeals, Position 2, Republican
There are almost 3600 members of the Mescalero Apache tribe of which a large percentage live on the reservation and are located within Couy Griffins District. By law each have the right to sign the petition if a registered voter in the county the tribe’s people like ANYONE registered to vote in Otero County District 2 can sign the recall petition, including those registered voters on the Mescalero Reservation.
If Griffin is removed from office, the New Mexico Constitution states that Lujan Grisham may appoint a person from any political party to the seat. The appointee must be from Otero County District 2, Governor’s Office Spokeswoman Nora Sackett said.
The New Mexico Constitution is not as specific as the statement from the Governor’s spokesperson however there is precedent in appointments, and it would be politically prudent for the Governor to appoint within the district thus the statement from her spokesperson.
The Committee to Recall Couy Griffin is setting precedent in New Mexico history as there is not a record of a recall effort that has garnered this much attention nor seen the successes to date of this effort. To learn more about the recall effort visit:
Signatures at the Reservation are being gathered…
Friday, July 16:
Mescalero, Apache Reservation at the Chiricahua Plaza parking lot from 10 am – 4 pm
Saturday, July 17
Mescalero: Chiricahua Plaza parking lot from 10 am – 4 pm
Note: Story Revised on 7/16/21 at 6:09 pm per request the author has remove the call letters and named interviewer referenced in the story per a call request. While the record of the call is in the public airwaves we respect the request and have done so accordingly.
To hear audio of the interview with Couy Griffin of New Mexico follow the link https://www.facebook.com/plugins/post.php?href=https%3A%2F%2Fwww.facebook.com%2FSgtChez%2Fposts%2F10219254270935110&show_text=true&width=500