Free and Fair Elections?

A Case Study of the Cost of Voting for Two Communities in North Dakota


One Person, One Vote

Throughout American history, the sentiment of  one person, one vote  has continuously cropped up in fights for equal representation. However, it has never fully been achieved, due to discriminatory voting practices and the manipulation of voting district boundaries. Elections are not free and fair as long as the practice of voting is more difficult for anyone.

Key Court Cases

Litigation surrounding the issue of one person, one vote has arisen many times over the years. A few of the major rulings that should protect the rights of underrepresented voters are listed below.

1962

Charles Baker, a Tennessee resident, filed a lawsuit against Tennessee's secretary of state. This lawsuit alleged that the fact that the legislative districts had not been redrawn in 61 years violated the state's constitution.

Baker claimed that since the state's demographics had changed, the voters were misrepresented, which violates the Equal Protection Clause of the Fourteenth Amendment.

The case was initially dismissed but later appealed to the Supreme Court.

The Supreme Court ruled in favor of Baker, stating that apportionment cases are justiciable.  2 

1964

A group of Alabama voters claimed the apportionment of the state legislature violated the Equal Protection Clause of the Fourteenth Amendment.

At that time, Alabama's Constitution stated that each county was entitled to at least one representative and there be the same number of senators as senatorial districts.

These circumstances created population variations between state legislative districts.

In this case, the Supreme Court ruled in favor of the plaintiffs stating that legislative districts across the state must have roughly equal populations.  3 

1964

James P. Wesberry, Jr., filed a lawsuit against the Governor of Georgia claiming that because his home district, Georgia’s Fifth Congressional District, was much larger than other districts in the state, the impact of his vote was diluted.

The Supreme Court ruled in favor of Wesberry, stating that the population discrepancies across Georgia’s congressional districts violate the Fourteenth Amendment of the U.S. Constitution.

The Court stated that "as nearly as is practicable, one person's vote in a congressional election is to be worth as much as another's."  4 

Problem Statement

Though these court cases have helped in the ongoing battle for representation, intentional barriers to vote continue to pose problems for historically oppressed groups. Specifically, voting has been disproportionately difficult for Native people. Voter suppression laws have regularly  targeted reservations  and areas where greater numbers of Native people live, which already often lack equitable voting infrastructure.

When asked about the barriers that prevented them from voting, members of the community brought up transportation, shared P.O. boxes, the affordability of P.O. boxes, and the problem with general mail delivery.

Voting in Person

In Sioux County, North Dakota, one of the barriers to free and fair elections is as simple as the cost to vote; specifically, the cost of traveling to the voting location. The entirety of Sioux County is located within the bounds of the Standing Rock reservation, which extends into South Dakota. There is only one in-person voting center in Sioux County, which is a lengthy drive for members of some of the larger communities in the county, and  gas prices  not only insinuate the election lacking the "free" and "fair" qualifiers, but are also a significant concern.

Costs of Voting: Transportation

Gasoline Price per Gallon in Summer 2022

Voting by Mail

Theoretically, one should be able to save money by voting absentee, however, there is also only one location where ballots can be dropped off in the county, the Fort Yates Post Office, located a negligible distance from the voting center. Furthermore, the  hours at the post office  are limited, even for mail drop off at the P.O. boxes located in the lobby. From Monday through Friday, the retail hours are 8:30 am - 12:30 pm and 1:30 pm - 4:30 pm, but the last collection time is 3:20 pm. On Saturday, the retail hours are even more limited, from 9:00 am - 10:30 am, though the last collection time is still posted as being 3:20 pm. The lobby is open from 8 am - 5 pm from Monday through Friday, and 7:30 am - 10:30 am on Saturday.

These hours likely coincide with the work hours of many voters, meaning that some voters may need to take time off work to get their ballot in, which could make voting even more financially difficult. Since mail is not delivered directly to people's homes in the reservation, some people opt to rent P.O. boxes. However, this incurs an additional cost.

Costs of Voting: PO Boxes

Post Office Box Costs

Those who are unable to afford a P.O. Box have to use general mail delivery; due to the hours the Post Office is open, it can be difficult for people to pick up their mail. With general delivery, mail is put in the back of the post office. Families are able to share P.O. boxes if they are authorized, thus, to share costs, groups of people can sign up for P.O. boxes together. Those with access to a P.O. box are able to send and receive mail for longer, but still fairly limited, hours.

Yet another hidden barrier to voting in Sioux County in North Dakota is the cost - and requirement - of postage. While some states  mandate postage-paid election mail , North Dakota is not one of them, meaning that in this state, in order to mail back absentee ballots, voters must purchase and  include postage if they don't take the ballot to a secure drop box . In a  2020 list of the drop boxes in North Dakota , there was not one listing for Sioux County, meaning that absentee voters in this county would have to take it to the post office.

Costs of Voting: Postage

Current Postage Cost for Mailing a Ballot

Distance Analysis of Selected North Dakota Counties

The distance from two communities in Sioux County to the Courthouse - the voting location, and the post office - the ballot drop off location, is displayed below, along with the current cost of travel.

Solen, North Dakota Travel Distances to Polls / Post Office

To swipe between the maps, click and drag the arrows in the center left and right. The key is located in the lower left-hand corner and can be selected and expanded, and the view can be adjusted to zoom in (using the + button) or out (using the - button).

Comparison of Mileage to Courthouse (left, purple star) and Post Office (right, blue star) from Solen, ND

Solen Costs of Voting: Mileage Roundtrip Costs

Solan, ND Mileage Costs to Vote

Cost of Voting: Transportation Costs per 100 Voters

Solan , ND Per 100 Voter Round Trip Cost to Deliver Ballot or to Vote

Porcupine, North Dakota Travel Distances to Polls / Post Office

To swipe between the maps, click and drag the arrows in the center left and right. The key is located in the lower left-hand corner and can be selected and expanded, and the view can be adjusted to zoom in (using the + button) or out (using the - button).

Comparison of Mileage to Courthouse (left, purple star) and Post Office (right, blue star) from Porcupine, ND

Porcupine Costs of Voting: Mileage Roundtrip Costs

Porcupine, ND Mileage Costs to Vote

Cost of Voting: Transportation Costs per 100 Voters

Porcupine, ND Per 100 Voter Round Trip Cost to Deliver Ballot or to Vote

Demographic Information

While American Indians and Alaska Native people represent a small percentage of the total population in the United States, according to the  U.S. Census in 2021 , there are certain areas such as Sioux County, the location for this case study, where they hold the majority.

Sioux County Demographics

Sioux County, ND Population Demographics

Final Thoughts: Free and Fair? Understanding the Barriers and Particpating in Democracy is Paramount

According to the tables above, with values calculated using average mileage and the most recent reported average gas prices in North Dakota, it will cost each person from Solen from approximately $11.50 - $14 to get to the voting locations, and people from Porcupine from $10.50 - $13.

When you look at these amounts from a broader perspective, it would cost from $1,149 - $1396 for a community of 100 people to get to the voting location in Solen, or from $1,067 - $1,297 for a community of 100 people in Porcupine. This cost increases by $0.60 per person if they're mailing in their ballot, and $66 to $140 more if they're renting their own P.O. box.

This isn't the marking of a free OR fair election, and both Solen and Porcupine are communities that are primarily Native. According to the 2021 Census, about 1.03% of the United States population is made up of American Indian and Alaska Native people, though in North Dakota, the reported percentage is 5.7%, and in Sioux County, it is 83.1%; it is crucial that barriers to vote in districts comprised of underrepresented demographics are eliminated.

Until it is equally easy to vote for everyone, one person, one vote means nothing.

Exercise Your Right to Vote!

The 2022 North Dakota General Election is Tuesday November 8, 2022.

Take the pledge to vote.

Be a voice and exercise your sovereignty. Build power for your community!

Resources

Porcupine, ND Mileage Costs to Vote

Porcupine, ND Per 100 Voter Round Trip Cost to Deliver Ballot or to Vote

Sioux County, ND Population Demographics

Gasoline Price per Gallon in Summer 2022

Post Office Box Costs

Current Postage Cost for Mailing a Ballot

Solan, ND Mileage Costs to Vote

Solan , ND Per 100 Voter Round Trip Cost to Deliver Ballot or to Vote