Latest attack on Medicaid also sabotages Treaty Rights, Indian health programs

Agency Says Indian Health Should Not Be Exempt From Medicaid Work Rules Because They Are ‘Race-Based’

Mark Trahant / Trahant Reports

The Trump administration is supporting a major policy shift on Indian health programs which could result in a loss of millions of dollars and sabotage treaty rights.

A story in Politico Sunday raised the issue. It said “the Trump administration contends the tribes are a race rather than separate governments, and exempting them from Medicaid work rules — which have been approved in three states and are being sought by at least 10 others — would be illegal preferential treatment. ‘HHS believes that such an exemption would raise constitutional and federal civil rights law concerns,’ according to a review by administration lawyers,” Politico said.

The new policy on Medicaid work requirements “does not honor the duty of the federal government to uphold the government-to-government relationship and recognize the political status enshrined in the Constitution, treaties, federal statutes, and other federal laws, said Jacqueline Pata, executive director of the National Congress of American Indians. “Our political relationship is not based upon race.”

“The United States has a legal responsibility to provide health care to Native Americans,” Mary Smith, who was acting head of the Indian Health Service during the Obama administration and is a member of the Cherokee Nation, told Politico. “It’s the largest prepaid health system in the world — they’ve paid through land and massacres — and now you’re going to take away health care and add a work requirement?”

Medicaid has become a key funding stream for the Indian health system — especially in programs managed by tribes and non-profits. Medicaid is a state-federal partnership and public insurance. The Affordable Care Act expanded Medicaid eligibility, but the Supreme Court ruled that each state could decide whether or not to expand. Since the expansion of Medicaid some 237,000 American Indians and Alaska Natives in 19 states have become insured.

Officially Medicaid represents 13 percent of the Indian Health Service’s $6.1 billion budget (just under $800 million).

But even that number is misleading because it does not include money collected from third-party billing from tribal and non-profit organizations. In Alaska, for example, the entire Alaska Native health system is operated by tribes or tribal organizations and the state says 40 percent of its $1.8 billion Medicaid budget is spent on Alaska Native patients. That one state approaches the entire “budgeted” amount for Medicaid.

Other states report similar increases. Kaiser Family Foundation found that in Arizona, one tribally-operated health system reported that about half of visits were by patients covered by Medicaid in 2016. And, an Urban Indian Health Program, reported that its uninsured rate at one clinic fell from 85 percent before the Affordable Care Act to under 10 percent.

Those Medicaid (and all insurance) dollars are even more significant because by law they remain with local service units where the patient is treated (and the insurance is billed). In Alaska more than two-thirds of those dollars are spent on private sector doctors and hospitals through purchased care for Alaska Native patients. And, unlike IHS funds, Medicaid is an entitlement. So if a person is eligible, the money follows.

A recent report by Kaiser Health News looked at Census data and found that 52 percent of residents in New Mexico’s McKinley County have coverage through the Medicaid.  That’s the highest rate among U.S. counties with at least 65,000 people. “The heavy concentration of Medicaid in this high-altitude desert is a result of two factors: the high poverty rate and the Indian Health Service’s relentless work to enroll patients in the program,” Kaiser reported. Most of McKinley County is located on the Navajo and Zuni reservations.


Kaiser Health News said Medicaid has opened up new opportunities for Native patients to “get more timely care, especially surgery and mental health services. It has been vital in combating high rates of obesity, teen birth, suicide and diabetes, according to local health officials.”

However the growth of Medicaid is resulting in unequal care for patients in the Indian health system. The benefits in some states, including those that expanded Medicaid under the Affordable Care Act, are more generous. Other states not only refused to expand Medicaid and have been adding new restrictions such as requiring “able-bodied” adults to have their Medicaid eligibility contingent on work.

But the Indian health system — the federal Indian Health Service and tribally and nonprofit operated programs — are in a special case because there is a 100 percent federal match for most services. So states set the rules, but do not have to pay the bill. (Medicaid is often the second largest single item in a state budget behind public schools.)

Medicaid is the largest health insurance program in America, insuring one in five adults, and many with complex and long-term chronic care needs. The Trump administration and many state legislatures controlled by Republicans see Medicaid as a welfare program. While most Democrats view it simply as a public health insurance program.

Work rules are particularly challenging for Indian Country. Unlike other Medicaid programs, patients in the Indian health system will still be eligible to receive basic care. So stricter rules will mean fewer people will sign up for Medicaid and the Indian Health Service — already significantly underfunded — will have to pick up the extra costs from existing appropriations. That will result in less money, and fewer healthcare services, across the board.

A letter from the Tribal Technical Advisory Group for Medicare and Medicaid said American Indians and Alaska Natives “are among the nation’s most vulnerable populations, and rely heavily on the IHS for health care. However, the IHS is currently funded at around 60 percent of need, and average per capita spending for IHS patients is only $3,688.” The latest per person cost for health care nationally is $10,348 (totalling $3.3 trillion, nearly 20 percent of the entire economy).

The tribal advisory group said it is “critically important” that there be a blanket exemption for IHS beneficiaries from the mandatory work requirements.

A report in September by the Kaiser Family Foundation showed that the majority of American Indians and Alaska Natives on Medicaid already work, yet continue to face high rates of poverty. It said over three-quarters of American Indians and Alaska Natives are in working families, but that’s a gap of about 8 percent compared to other Americans (83 percent).

The Trump administration’s characterization of tribal health programs as “race-based” is particularly troubling to tribal leaders because it would reverse historical precedence.

A memo last month from the law firm of Hobbs, Straus, Dean & Walker said the Centers for Medicare and Medicaid Services “has ample legal authority to single out IHS beneficiaries for special treatment in administering the statutes under its jurisdiction if doing so is rationally related to its unique trust responsibility to Indians. Under familiar principles of Indian law, such actions are political in nature, and as a result do not constitute prohibited race based classifications. This principle has been recognized and repeatedly reaffirmed by the Supreme Court and every Circuit Court of Appeals that has considered it, and has been extended to the actions of Administrative Agencies like the Department of Health and Human Services even in the absence of a specific statute.”

Mark Trahant is editor of Indian Country Today. He is a Shoshone-Bannock tribal citzen. On Twitter: @TrahantReports Cross posted on Indian Country Today.

(The National Congress of American Indians is the owner of Indian Country Today and manages its business operations. The Indian Country Today editorial team operates independently as a digital journalism enterprise.)

 

#NativeVote18 Candidates are boosted by an electorate ready for change

 

Cross posted on Indian Country Today.

Mark Trahant / Trahant Reports

A special election in Pennsylvania is a good sign for Native American #NativeVote18 candidates running for office. Why? Because this cycle is already favoring out-of-power Democrats and, quite possibly, independents. It’s hard to peg any constituent group more out-of-power than those who would represent Indian Country in the Congress of the United States.

First, the news from Pennsylvania, then we will look at the map. Democrats are claiming victory in a special election for that state’s 18th Congressional District. Perhaps. Officially, the race is too close to call between Democrat Conor Lamb and Republican Rick Saccone. It’s a practical tie with Lamb holding a tiny lead. But Lamb has claimed victory and Democrats are celebrating no matter what happens next because this is a district that favors Republicans, it was won by President Donald J. Trump by 20 points. So even normally red districts are up for grabs come November.

Or as Democratic Congressional Campaign Committee Chairman Rep. Ben Ray Lujan (New Mexico) posted Tuesday night: ““These results should terrify Republicans. Despite their home field advantage and the millions of dollars … We have incredible candidates with deep records of service running deep into the map this year, and it’s clear that these Republican attacks are not going to stick.”

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Back to the map: Sharice Davids, who is running in Kansas fits that storyline precisely. She is running in a district that Republicans should win easy. Rep. Kevin Yoder won re-election in 2016 with an 11-point margin. But remember the Pennsylvania 18th favored Republicans by 20-points.

Davids is Ho-Chunk, an attorney, and she worked in the Obama administration. This is pretty much an anti-Trump-agenda resume’.

The most immediate boost from Tuesday’s vote should be more campaign donations.

Another #NativeVote18 candidate who could benefit from a re-imaging of the election landscape is Amanda Douglas in Oklahoma. After Lamb claimed victory in Pennsylvania she tweeted: “Yes! his is exactly what I’m talking about!!! I can’t wait to work with newly elected Congressman@ConorLambPA!”

Douglas, Cherokee, is running in the state’s 1st Congressional District. Two years ago Democrats did not field a candidate in that race. It’s rated as a “plus-17” Republican district — in other words, awful similar to the Pennsylvania 18th.

In another part of Oklahoma, two Cherokee Nation citizens could both potentially be on the fall ballot. Rep. Markwayne Mullin is running for his fourth term as as Republican. Democrat Jason Nichols, the mayor of Tahlequah, is running as a Democrat. Mullin won 70 percent of the vote in his last election bid.

Rep. Tom Cole is also running for re-election as a Republican in Oklahoma’s 4th congressional district. Cole, Chickasaw, also earned more than 70 percent of the vote in the last election.

One #NativeVote18 candidate who had a good week before the Pennsylvania election was running in New Mexico.

Debra Haaland, 2018 Elections

Haaland’s challenge is to win the Democratic primary in June because, unlike most Native candidates, she’s running in a district that favors Democrats.

Last weekend Haaland was the top-vote getter at the state’s party convention, winning nearly 35 percent of the vote in a crowded field. She told delegates: “Congress has never heard a voice like mine.”

Haaland, is Laguna Pueblo. Congress has never elected any Native American woman to its ranks since voting began in 1789.

Haaland, Davids, or Douglas could be the first.

The Pennsylvania race also raises questions for the #NativeVote18 candidates who are Republicans. Former Washington State Sen. Dino Rossi would be at the top of that list. Rossi, Tlingit, is hoping to succeed a moderate Republican, Rep. Dave Reichert, in Washington’s 8th congressional district. That district has been trending Democratic.

The president’s popularity is reflected by Rossi’s own words. He told The Seattle Times that he is “not running to be ‘The Apprentice.’ I am running to be the congressman from the 8th Congressional District. The way I am going to treat Donald Trump is just the same way I would have treated George W. Bush or Barack Obama. If I agree with them I agree with them, and if I don’t, I don’t.”

One #NativeVote18 candidate who is not running away from President Trump is Gavin Clarkson in New Mexico’s 2nd Congressional District. His campaign website proclaimed “the best way to help President Trump stop the swamp and protect New Mexico is to run for the Republican nomination to make sure we retain this Congressional seat in November.”

Then this Southern New Mexico district is changing too. The seat is now held by Rep. Steve Pearce is running for governor — making this an open seat. Pearce won easily, capturing 60 percent of the vote. But the district is now 54 percent Hispanic and in a wave election, it could be the ideal seat for a Democratic pickup. Trump won the district by 10 points, half of the margin in Pennsylvania.

There are also three #NativeVote18 candidates running as independents or on third-party lines. Eve Reyes Aguirre is running for the U.S. Senate in Arizona on the Green Party ticket. Aguirre is an Izkaloteka Mexican Native.

She recently tweeted that she is an “unconventional politician” and is rounding up signatures to make the ballot. Henry John Bear is running as a Green Party candidate in Maine’s 8th Congressional District. Bear is a citizen of the Houlton Band of Maliseet Indians. And, finally, in Minnesota, Ray “Skip” Sandman is running in the 8th Congressional District as an independent. Sandman is Ojibwe.

Can an independent or third party candidate win in this environment? It’s hard to say, there is no real evidence yet. But as the Pennsylvania results show, this is an election cycle where anything is possible.

Mark Trahant is editor of Indian Country Today. He is a member of the Shoshone-Bannock Tribes. Follow him on Twitter @TrahantReports

Tribes social clubs or governments? ‘Stop Disenrollment’ returns via social media

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This year’s “Stop Disenrollment” campaign launches again on Feb. 8 and is led by Alaska Native actor Irene Bedard. (News release photo)

Mark Trahant / Trahant Reports

I was at an event in Seattle recently and listened to Slade Gorton talk about the future of the Republican party in Washington at the Crosscut Festival. Washington state is changing and the GOP runs the risk of being irrelevant (as is now the case in California elections). And, Washington, like California, has a top two primary. So it’s a challenge for Republicans to win a spot in the general election. In the last Senate election, for example, the “top two” finalists were both Democrats.

Gorton, who just had his 90th birthday, was once considered a moderate in Republican circles. That’s no longer the case. It’s true he is not a “loyal” Trump supporter. Then that’s not an easy species to find in Washington state. But he does support the GOP congressional agenda. So moderate he is not.

Of course Gorton did not talk about American Indian or Alaska Native issues. Even though that’s what we in Indian Country remember. Actually it’s too bad for Republicans. The party is shrinking, in part, because it does not recognize the changing nature of the country’s demographics. Then that’s been true for a long time. I remember talking to a former GOP party leader, Gummy Johnson, more than twenty years ago who wanted to position his party as a supporter of Treaty Rights and tribal governments. The Gorton wing of the party would never have let that happen.

Gorton (and his ally on the Supreme Court, the late William Rehnquist) had a nuanced view of tribal governments. These two men used their legislative and judicial powers to try and undercut federal Indian law and treat tribes as social clubs. Tribal membership was not citizenship but a special privilege. So tribal authority, the power of government, could only be applied to tribal members (and even that was subject to any limitations set by Congress). The legal theory for this nonsense was the implied divestiture doctrine, the secret but steady erosion of tribal governments.

Sen. Gorton has moved on to other issues. He’s an expert on national security, and, as I learned the other night, on rebuilding the Republican brand. (Or not. Because he argues there is an ebb and flow and Republican ideas will come back again in Washington with major change.)

I was thinking of Slade Gorton’s ideology in the context of the Stop Disenrollment campaign that will be posted across social media on Feb. 8. It’s being led this year by Alaska Native actor Irene Bedard. “The movement is poised to raise indigenous social consciousness again this year — in what might be its final year given the growing sense that disenrollment is declining nationally,” said a news release. “Prominent Native Americans like author Sherman Alexie, former U.S. Vice Presidential candidate Winona LaDuke, rapper-actor-entrepreneur Litefoot, film director Chris Eyre, fashion designer Bethany Yellowtail, and Olympic Gold Medalist Billy Mills headlined the 2016- and 2017-campaigns.”

What does Slade Gorton have to do with disenrollment? It’s an extension of the idea that tribes are social clubs and that membership is exclusive. That’s a different narrative than a government with citizens. Great nations grow. Great nations want all the talent that can build a better society. (Hint: This idea has applications to the immigration debate, too.) Great nations don’t kick out their relations.

To me, tribal citizenship is the key. Thumb through history and some of Indian Country’s greatest leaders: Washakie, D’arcy McNickle, and many, many more could have been on the wrong side of history had there been a narrow debate about disenrollment and membership.

Are tribes exclusive clubs? No. The answer is always the framework of government.

Mark Trahant is an independent journalist and a member of The Shoshone-Bannock Tribes. On Twitter @TrahantReports

Reposting or reprinting this column? Please do so. Just credit: Mark Trahant / TrahantReports.com #IndigenousNewsWire #NativeVote18

The federal government shutdown is a failure by Congress to govern

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Updated Sunday.

Mark Trahant / Trahant Reports

The government is in its official shut down mode. And it’s a fight that has been brewing for a long time. It’s complicated because there are several different congressional factions, think of them as mini-political parties, that have different goals.

Remember this: The Republicans are in charge. This process could have been resolved within the caucus — if the GOP leadership had the votes. Back in September. And that’s the main problem. There are not enough votes for an affirmative solution. It’s so much easier for one faction or another to say “no.” (The House did pass their latest, short-term version with the support of the so-called Freedom Caucus. But several Senators in the Republican camp are still not on board because that solution doesn’t send enough money to the military and still other senators are not happy with another Continuing Resolution for any additional spending.)

Democrats have not had much say in the government since the election of Donald J. Trump as president. Senate leaders have used budget rules designed to pass legislation with 51 votes. But this short-term spending bill does not qualify — at least for now. More on that shortly.

There are three things on the Democrats’ “must” list. They want domestic spending protected (remember, one GOP faction wants deep cuts into government spending). Party leaders have been successful doing this with every Continuing Resolution so far because the alternative is the Budget Control Act and that would require deep cuts to the military (as well as domestic programs). Because of this threat, the faction in Congress that supports more money for the military has been willing to work with Democrats.

Democrats also want funding for the Children’s Health Insurance Program or CHIP. That is a huge program for Indian Country (along with Medicaid) pays the health care costs for more than half of all American Indian and Alaska Native children in the Indian health care system.

The CHIP program is in the House Continuing Resolution. But, as the National Indian Health Board posted last week, the House bill “does contain a 6-year reauthorization for the Children’s Health Insurance Program but does not include the Special Diabetes Program for Indians. This is a huge miss. The Special Diabetes for Program for Indians expires March 31. The ideal solution would be for the Senate to include both CHIP and the diabetes program in any deal that’s made with the White House.

The bill also does not fund Community Health Centers which could lose up to 70 percent of their budget.

The final sticking point for the Democrats is protecting the people who were brought to this country by their parents or other adults unlawfully as children. This issue is interesting because nearly everyone sees the value in finding a solution to the problem because the United States is their country in all but paperwork. Yet even the rhetoric is changing. A few days ago Republicans were talking about agreement on this point. Today the language is harsh, Republicans saying Democrats are trying to “protect illegal aliens.”

But the Senate bill that the president rejected was bipartisan. Immigration hardliners did not want the deal, even though it would have increased funding for the wall, because it was too lenient on Dreamers. The White House represents the most conservative element on immigration issues.

Of course none of these issues are new. But Congress has not had the votes to pass any plan. So the solution has been short-term spending bills. This government shutdown is about ending that stalemate, resolving the debates, and moving forward.

That said:  Don’t be surprised if another “deal” is another short-term pass. But the goal is to force Congress into a real debate. Big picture stuff. (Yeah, right. I know, but I had to write it anyway.)

Rep. Tom Cole, R-Oklahoma, told National Public Radio that he doesn’t think “anybody’s going to negotiate very seriously with a gun to their head.” He said one of the problems is the Senate and the dysfunction over the “rule of 60.” Because of that, Cole said, the Senate hasn’t passed a single appropriations bill. “They didn’t do a real budget this year. The House did.”

The rule of 60 is the power of the minority to call for a filibuster. It takes 60 votes to end debate. President Trump took to Twitter Sunday to call for an end to that Senate rule. “Great to see how hard Republicans are fighting for our Military and Safety at the Border. The Dems just want illegal immigrants to pour into our nation unchecked. If stalemate continues, Republicans should go to 51% (Nuclear Option) and vote on real, long term budget, no C.R.’s!”

Of course Indian Country (and the economy) will be hit hard if this shutdown lasts very long. Lots of families, both government employees and contractors, could lose a paycheck.

The problem is we really don’t know exactly how the Trump administration will manage this particular closure.  Some agencies, such as the Environmental Protection Administration, are using year-end funds to continue operation. The White House has posted a round up of agency plans. But we will know about the direct impact next week.

During the last government shutdown, 21-days that started on December 16, 1995, and continued to January 6, 1996, all 13,500 Department of Interior Bureau of Indian Affairs  employees were furloughed; general assistance payments for basic needs to 53,000 BIA benefit recipients were delayed; and estimated 25,000 American Indians did not receive timely payment of oil and gas royalties,” according to the Congressional Research Service. The last time around furloughed employees were eventually paid. Eventually.

All told Standard & Poor’s estimated the U.S. economy lost $24 billion last time around.

The Indian Health Service and the Department of Interior posted planning memos in September about what is expected to happen. Basically: Many BIA employees will be furloughed, except for those that work in public safety or who are managers. However the Bureau of Indian Education will mostly continue working as normal.

Former Indian Health Service Director former IHS director Dr. Michael Trujillo told Congress that the government closure “caused considerable hardship within Indian communities. One result of staff furloughs was difficulty in processing funds for direct services and to contracting and compacting tribes so the delivery of health services could continue. Those staff that continued providing health services were not paid on time. Threats to shut off utilities to our health facilities and even to stop food deliveries were endured. We reached a point where some private sector providers indicated that they might not accept patients who were referred from Indian Health facilities because of the Federal shutdown.”

Mark Trahant is an independent journalist and a member of The Shoshone-Bannock Tribes. On Twitter @TrahantReports

 

 

 

 

Tax cuts? Hell. No. Thousands of American Indian and Alaska Native children will lose health insurance

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Mark Trahant / Trahant Reports

Congress has yet to reenact the Children’s Health Insurance Program and states will soon run out of funds to prop up the program. That will mean that thousands of American Indian and Alaska Native children will lose their health insurance. And, the result is the Indian Health Service will have to stretch its already thin dollars to try and cover the budget hole.

The Children’s Health Insurance Program expired Sept. 30. This federal program insures young people and pregnant women who make just enough money not to qualify for Medicaid (but can’t afford private insurance). The idea is to make sure that every child has the resources to see a doctor when they are ill.

It’s hard to break down precise numbers because agencies lump funds from the Children’s Health Insurance Program or CHIP into Medicaid data. But we do know that the law worked really well. We also know there are more than 216,000 children that have health insurance because of Medicaid and the CHIP. Indeed, Native American children rely on Medicaid and CHIP at much higher percentages than other population groups. A study by Georgetown reported that 54 percent of American Indian and Alaska Native children were enrolled in Medicaid or CHIP as compared to 39 percent of all children. “Even though much progress has been made in extending Medicaid coverage to American Indians and Alaska Natives, the uninsured rate for American Indian and Alaska Native children and families remain unacceptably high,” the report said.

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Source: Georgetown University Health Policy Institute. Coverage Trends for American Indian and Alaska Native Children and Families.

Overall the uninsured rate among non-elderly American Indians and Alaska Natives fell by 7 percentage points from 24 percent to 17 percent, according to the Kaiser Family Foundation.

This is a big deal and here’s why: The Indian Health Service is a health care delivery operation that works best when insurance (third-party billing in government-speak) pays for the medical costs. Medicaid, CHIP, Medicare, and other third-party billing now accounts for 22 percent of the IHS’ $6.15 billion budget.

But if Children’s health is no longer funded (because Congress did not reauthorize the legislation) then the Indian Health Service will have to make up the difference. That means taking money away from other patients and programs. It will be a critical problem for clinics because by law dollars from third-party billing (or Medicaid and CHIP) remain local.

Alaska is the state most impacted by Congress’ failure to act because two-thirds of the children in the Native health system are covered by Medicaid or CHIP. Other states where there will be significant hits: Montana, North Dakota, South Dakota, Washington, New Mexico, Oklahoma, North Carolina, and California.

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Source: Georgetown University Health Policy Institute

The House of Representatives passed a CHIP reauthorization in early November. But that bill included a $6.35 billion budget cut to other health programs, including the Prevention and Public Health Fund, which provides money for vaccines, smoking cessation, and other initiatives to improve public health. The House would also ban lottery winners from being insured by Medicaid, tighten the timetable for people to sign up, and to change other rules.

It’s unlikely the Senate will agree. But the Senate is not moving quickly to pass its own legislation. The Senate is too busy working out tax cuts that will benefit large corporations and the very wealthy. (Previous post: What matters? Tax fight is about seven competing values.)

Across the country, some nine million low- and middle-income children rely on CHIP for health coverage. And, according to The Hill newspaper, States have asked the Centers for Medicare and Medicaid Services for funding to hold them over in the interim, and the agency has awarded about $607 million in redistributed funds to states and U.S. territories. Tribes will also lose hundreds of thousands of dollars in CHIP-related grants.

Last month, Utah Republican Orrin Hatch, who chairs the Senate committee responsible, called CHIP a “top priority” that had bipartisan support. The committee passed the bill October 2. But it’s up to Majority Leader Mitch McConnell, R-Kentucky, to bring the legislation to the floor for enactment. Then the House and Senate would have to iron out and agree on their differences before the bill can become law.

Mark Trahant is the Charles R. Johnson Endowed Professor of Journalism at the University of North Dakota. He is an independent journalist and a member of The Shoshone-Bannock Tribes. On Twitter @TrahantReports

Reposting or reprinting this column? Please do so. Just credit: Mark Trahant / TrahantReports.com #IndigenousNewsWire #NativeVote18

Three lessons from last week’s elections, Time to add names, ideas #NativeVote18

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Green Party candidate Eve Reyes-Aguirre is running for the U.S. Senate in Arizona. She is co-chair of the Global Indigenous Women’s Caucus. (Campaign photo)

Mark Trahant / Trahant Reports

Three lessons from  last week’s election results.

First: Gerrymandering can be defeated. The election districts in Virginia were designed to support incumbents, and especially Republicans. The Atlantic described the “well-documented” Republican operation to gain “control of the mapmaking process in 2010 (and) saw their share of legislative seats steadily grow, even as their actual vote shares decreased. In other words, these maps helped Republicans retain majorities even when they earned substantially fewer votes.”

That changed Tuesday. Voters swamped the supposedly safe districts and Democrats gained significantly. Perhaps even control of the legislature (votes are still be counted and will be recounted in a key race). So turnout beats districts drawn by one side to win. (The definition of gerrymandering.)

Second: Minority parties can win in this election cycle. It’s always tough to run as a third or fourth party candidate in the United States. The deck is stacked. The system is rigged to favor the two established parties. However some twenty-plus self-described Democratic Socialists (ala Bernie Sanders) won on Tuesday, including Denise Joy in Billings, Montana. Joy was elected to the city council.

This could be an interesting trend.

Some states, California and Washington, have top-two primaries. That means a candidate can win even without party affiliation. But in most states — unless the rules change — the biggest opportunity for socialists, independents and Green Party candidates is for offices such as school boards and city councils. Another mechanism that makes it easier for third party candidates is ranked choice voting (where you pick your favorite, second favorite, etc.) Several cities, such as St. Paul, Minnesota, now use that approach. Maine also voted to adopt ranked choice, but has not yet implemented it because of opposition from the legislature (and entrenched parties).

In Arizona, Eve Reyes-Aguirre (Calpolli)  is running for the U.S. Senate on the Green Party ticket. She is a co-chair of the Global Indigenous Women’s Caucus and a co–founding Mother of the newly formed World Indigenous Women’s Alliance. She was also a representative at the United Nations Commission on the Status of Women for the American Indian Law Alliance- 2015, 2017. Reyes-Aguirre is also running against the two-party system. Her web site says: “The two-party system has allowed wealth inequality to skyrocket to it’s highest point since the 1920’s. Eve is committed to developing an economy that promotes a equal sustainable quality of life for more families through the enactment of a living wage, limitations on corporate tax incentives, and a truly progressive tax structure. We must all be treated equal to live equal.”

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That brings to eight the number of Indigenous candidates running for the U.S. House or Senate so far in 2018 election. Three Republicans — Rep. Tom Cole (Choctaw), Oklahoma; Rep. Markwayne Mullin (Cherokee), Oklahoma, former state Sen. Dino Rossi (Tlingit), Washington — and four Democrats — former state NM state Democratic Party chair Deb Haaland (Laguna), Carol Surveyor (Navajo) in Utah, Tahlequah Mayor Jason Nichols (Cherokee), and J.D. Colbert (Choctaw) in Texas.

Lesson three. This is the “when” to jump and run in 2018 races. So much about politics is timing. Good candidates sometimes, no often, lose because their timing is off. It’s not the right cycle. There are too many headwinds. Barack Obama generated turnout that encouraged Native voters and candidates. The chaos of 2016 with Hillary Clinton and Donald J. Trump did just the opposite. Turnout was down, especially in Indian Country. But we know most Native American candidates are already outsiders. So we need a little luck. And good timing.

The 2018 election ought to be that. President Trump and his Republican Party have to defend infighting plus legislative failures from healthcare to possibly taxes. And the president’s popularity is only about a 38 percent approval rate. Awful numbers. On top of that, even popular presidents lose midterm elections. Democrats lead in the average of generic polls, 47 percent to 38 percent.

But Indian Country needs more candidates, especially in districts that can be won in this climate.

My top pick: Alaska’s at large district. Several Alaska Natives have challenged Rep. Don Young for this seat over the years, including Willie Hensley (Iñupiaq), Georgianna Lincoln (Athabascan), and Diane Benson (Tlingit). And Young seems invincible. He was first elected in 1973 and is the longest serving member of the House. But, if this is a wave election, then no member of the House is invincible. And, even better, there are some really strong potential Alaska Native candidates. 

Alaska will already have an interesting election field that includes Gov. Bill Walker and his running mate Lt. Gov. Byron Mallott (Tlingit).

And in Minnesota another high profile race will feature state Rep. Peggy Flanagan who is running for Lt. Gov. with U.S. Rep. Tim Walz.

At one point during the 2016 election cycle (which we now know was not good timing) there were more than a hundred Native American candidates. We need those kind of numbers again. Especially this time around. There are more than 62 Native Americans serving in state legislatures around the country and many of those will be running for re-election.

So that brings me back to rule 3, part A. It’s my favorite rule in politics because it’s so simple: You gotta run to win.

Mark Trahant is the Charles R. Johnson Endowed Professor of Journalism at the University of North Dakota. He is an independent journalist and a member of The Shoshone-Bannock Tribes. On Twitter @TrahantReports

Reposting or reprinting this column? Please do so. Just credit: Mark Trahant / TrahantReports.com #IndigenousNewsWire #NativeVote18

ICYMI: Podcast election special is on iTunes or Soundcloud. Download here. 

#NativeVote18 — A night of election firsts and a rejection of all things Trump

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Roxanne Murphy beat hate at the ballot box by winning nearly 80 percent of the vote in a race for Bellingham City Council. (Facebook photo)

Mark Trahant / Trahant Reports

A year ago ballots from across the country were being examined by citizens, journalists, and politicians, who were all wondering, “What the hell just happened?” The nation woke up to a President-elect Donald J. Trump.

And this morning? The Trump brand is like an overpriced hotel where you would never, ever stay a second time.

Voters from Maine to Washington and all points in between rejected Trumpism. They voted for Democrats, flipping legislatures in Washington and possibly Virginia. They voted for Medicaid. Medicaid! They voted for higher wages. And there is a clear message to Congress (if members pay attention) that governing still matters.

It was a good night for Native American candidates, too.

In Washington, Roxanne Murphy, Nooksack, won a second term on the Bellingham City Council with nearly 80 percent of the vote. What’s striking is that she ran against the ugly words of an opponent who called on hate instead of discourse. Murphy wrote on Facebook: “Got through so much racism and misogyny during this run for office. But that was all worth it for me to defend our Bellingham community, the work of our current Bellingham City Council, to mutilate a deplorable person at the polls, get more people to vote the whole ballot, and it proved that love can win over hate. Thank you for RoxingTheVote!”

Several other Native candidates won office in Washington. Chris Roberts , City of Shoreline, Zachary DeWolf, Seattle School District,  and Candice Wilson, to the Ferndale School Board.

Washington voters also flipped the legislature from red to blue. The entire West Coast is now governed by Democrats.

Renee Van Nett, Leech Lake Ojibwe, won a seat on the Duluth, Minnesota, city council. She will be the first Native American woman on that body. She told the Duluth News Tribune that her victory was a credit to “traditional issues that people are worried about … they want someone who’s accessible, someone they can call and talk to, someone who will address their needs. They want economic development. They want to be heard.”

Across the country “diversity” was a theme from election night. The “first” is a phrase that seems odd in 21st century America. Yet the first African American Lt. Governor in New Jersey. Another in Virginia. (Hint: The first Native American woman to serve in that capacity should be be next up, Peggy Flanagan in Minnesota.)

The first Sikh mayor in Hoboken (who had to run against overt hate). The first immigrant from Liberia in Montana. The first openly lesbian mayor in Seattle. (Huffington Post has a list of many of the firsts.) The main take away: This was a rejection of the narrow world view of the Trump. The diversity that is the future of America, won. Bigly.

On the policy debate ahead, perhaps the most important vote came from Maine where voters overwhelmingly voted in favor of expanding Medicaid. Maine is one of 19 states whose Republican governors or legislatures have refused to expand Medicaid under Obamacare. This is an initiative — and a process — that could move to other states. “This will send a clear signal to where the rest of the country is on health care,” Jonathan Schleifer, executive director of the Fairness Project, told The Washington Post. This vote is important because it could tip the scales in states where the legislature says one thing and the people another. Alaska. Cough. Alaska. Put Medicaid expansion on the ballot: And it will win.

Elections, of course, are always snap shots. It’s dangerous to think this rout means more of the same a year from now. But the groundwork is there. And this election night will further divide many Republicans from Trump — as well as those who fund elections. There is now real evidence from the best poll of all that voters are not happy with the direction of Congress or the White House.

Mark Trahant is the Charles R. Johnson Endowed Professor of Journalism at the University of North Dakota. He is an independent journalist and a member of The Shoshone-Bannock Tribes. On Twitter @TrahantReports

Reposting or reprinting this column? Please do so. Just credit: Mark Trahant / TrahantReports.com #IndigenousNewsWire #NativeVote18

ICYMI: My first audio election special is on iTunes or Soundcloud. Download here. 

Dino Rossi seeks House seat in Washington; Notes from #NativeVote18 #IndigenousNewsWire

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Former state Sen. Dino Rossi, a Republican, is running for Congress in Washington’s 8th district. (Official photo)
Mark Trahant / Trahant Reports

Dino Rossi has an interesting political legacy. He was for several weeks the Gov.-elect for Washington state. Then after much counting (and recounting) Democrat Christine Gregoire took the lead by 129 votes and was she sworn in as governor on January 12, 2005.

Since then Rossi has run for governor again, the U.S. Senate, and was recently appointed to a state Senate seat to fill out the remaining term of a member who had died.

Rossi is Tlingit. One of his first jobs was working for Bernie Whitebear at Seattle’s United Indians of All Tribes.

It’s interesting how some candidates make their tribal affiliation prominent and weigh in on issues that impact Indian Country. That would not be Rossi. But he doesn’t shy away (as many politicians do) from the conversation. It’s just not his focus. He has a fascinating background. From his transition team biography: “Dino’s mother, Eve, came from Alaska. She was half Irish, half Tlingit Alaskan Native. She’d married in Alaska and had five children, but the marriage became difficult. To get away from the situation, Eve took her kids to Seattle. For a time the family lived in public housing in Holly Park while Eve waitressed during the day and went to beauty school at night.” His mother met and married John Rossi and the family eventually moved to Mountlake Terrace. Back to the bio: “The Rossi kids were raised on a school-teacher’s salary. They didn’t have a lot of money, but their house was full of love.”

If you read his story, you’d think it was a classic liberal narrative. Public housing. Government works. But no. Rossi favors the bootstrap side of the story, a working family that raised itself up. He has always run as a conservative candidate. That said. In his Senate role he was willing to reach across party lines and come up with a deal.

I remember a Seattle P-I Editorial Board with then Sen. Rossi where he talked about the shortage of funds for higher education. But then, he suggested, book as much spending as possible on the capital side of the ledger. That’s where serious dollars could be found, he suggested. Creative.

Or as his bio puts it: “In the state Senate, Dino became a leader on budget issues. He eventually became Chairman of the Senate Ways & Means Committee – which writes the state budget – in 2003, when the State faced the largest dollar deficit in history. Dino was able to work across party lines and balance the budget without raising taxes and while still protecting the most vulnerable. Dino also focused on other issues: he spearheaded legislation to punish drunk drivers and child abusers; he worked to fund the Issaquah salmon hatchery; he secured funding for Hispanic/Latino health clinics, and he championed funding for the developmentally disabled community.”

Washington’s 8th District poses a lot of the same challenges that Rossi faced when he ran for governor; the demographics of the district (like the state) are more more diverse and liberal than a few years ago. But he enters this race with one advantage: He will be the only Republican while there will be a half-dozen Democrats.  Washington has a top-two primary, but the winning Democrat will have to build name ID and consolidate support, something Rossi will already have with Republicans.

The seat is now held by Rep. Dave Reichert, a Republican.

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Native American congressional candidates. Interactive map and database.

#NativeVote18 notes:

There are now seven #NativeVote18 candidates for Congress. Three Republicans, Rossi as well as Oklahoma Rep. Tom Cole and Rep. Markwayne Mullin. And four Democrats, Carol Surveyor in Utah, Debra Haaland in New Mexico, J.D. Colbert in Texas, and Tahlequah Mayor Jason Nichols (who’s challenging Mullin).  So far.

I have updated my #NativeVote18 interactive map and database, including early financial reports. (Speaking of that: I have started working on this cycle’s legislative database … if you know of candidates, please let me know.)

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Haaland endorsed by Navajo Nation Vice President

New Mexico candidate Debra Haaland picked up an endorsement by Navajo Nation Vice President Jonathan Nez. He wrote: “Let’s honor the voice and rightful place at the table by electing the first American Indian woman to Congress. Deb is a champion for all citizens of New Mexico and will represent us with dignity on Capitol Hill.”

The “first” remains a powerful argument. Here we are in 2017 and Congress has never seated a Native American woman ever. As a Haaland fundraising page puts it: “Congress has never heard a voice like mine.” She is a Democrat.

 

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Carol Surveyor, a Democrat, running for Congress in Utah. (Campaign photo)

Surveyor writes about her mother’s murder

On her Facebook page, Utah candidate Carol Surveyor  tells a powerful, personal story about violence against women. “One has only to live on a reservation or speak to members of the communities to know that rates of missing and murdered women and girls are high. Nearly every Native family has a story of a female relative who is missing, murdered, or whose murder has gone unsolved,” she writes.

“So when my mother was murdered on November 30, 2015 four days after Thanksgiving I couldn’t stop crying. I couldn’t stop thinking about what were the last words I said to her, did I tell her I loved her, did she know. A week later on a Monday December 7, 2015 18 days before Christmas we buried my mother. I saw her white coffin lowered into the ground. As my mother’s bags that she use to carry with her when she came to visit were also lowered into the ground with her I felt my heart break.”

She writes: “My mother, My mother’s teachings of resilence is what got me this far.” Read the whole post.

This is exactly why it’s so important for there to be representation for all in Congress — including Native American women. We know there is a problem. We need more data and we need solutions. And that cannot be done without more voices where decisions are made.

Surveyor is campaigning as a Democrat.

ICYMI: My first audio election special is on iTunes or Soundcloud. Download here. 

Mark Trahant is the Charles R. Johnson Endowed Professor of Journalism at the University of North Dakota. He is an independent journalist and a member of The Shoshone-Bannock Tribes. On Twitter @TrahantReports

Reposting or reprinting this column? Please do so. Just credit: Mark Trahant / TrahantReports.com #IndigenousNewsWire #NativeVote18

 

 

 

 

 

 

 

 

#NativeVote18 — Three fights ahead: A climate tax, a Senate seat, and the revival of a Canadian political party

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Quinault President Fawn Sharp, Manitoba NDP Party Leader Wab Kinew, and former Rep. Victoria Steele (Photos via Facebook, campaign)

Voting on a climate plan and a tax

Mark Trahant / Trahant Reports

There are two ways to impact public policy through the ballot box. First, people can choose to run for elective office. And, second, ballot initiatives can shape public policy.

The Quinault Nation in Washington is “gearing up for another strategic move to influence state policy,” Tribal President Fawn Sharp said. And that influence might come in the form of a 2018 ballot initiative on climate change that would include a steep carbon tax.

“We hope a citizen driven initiative will be a catalyst for other states to follow as we believe that’s the only path forward given the extent to which corporate interests influence our political institutions,” Sharp said. “What a narrative it will be when the First Stewards occupy the current leadership void in climate policy and influence the U.S. in a pivotal move from the grass roots level.”

The twist in this story is that another group in Washington has been promoting a similar initiative. But that measure left tribes out of the discourse. And the differences are not about style, but substance. Quinault wants to be certain that the tax raises enough money to invest in salmon recovery, forest restoration, and improving water quality.

The News Tribune in Tacoma said The Alliance for Energy and Jobs proposal would dedicate some 70 percent of a billion dollar fund to clean energy projects and only 30 percent to clean water and forest health. The Alliance said it did not do a good job of engaging tribes but there is “no final proposal.”

However Sharp said time is of the essence — so Quinault is moving quickly on its own plan. It will reach out to other tribes at the Affiliated Tribes of Northwest Indians’ meeting in Spokane this week. Sharp is president of ATNI.

The Quinault Nation has a unique view of climate change. It’s an immediate threat. The tribe is planning the relocation of Taholah village to higher ground because of flooding and storm surges. Some 660 people live in that village.

Imagine what a climate fight that’s based on tribal values would look like. One where salmon, forests, and children take center stage.

Ready to fight back in Arizona

 

Former Arizona State House Representative Victoria Steele was a candidate for Congress in 2016. Now she’s set her sight on a state Senate seat representing Tucson (legislative district 9). The current senator in this district, Steve Farley, is a candidate for governor.

“Never in my wildest dreams could I have imagined that the Republican leaders in our country would turn on the people. It is hard to fathom how nasty and ugly things have become with the Trump Administration’s sexist, racist and dangerous agenda. No group of vulnerable people is exempt from their destruction,” Steele said. “I’ve noticed that when the Trump Administration and the Republicans in Congress can’t do their dastardly deeds in D.C., they push them to the states where Republican controlled legislatures do it for them one state at a time. I have to do something, so I’m rolling up my sleeves and I’m ready to fight back.”

As a state representative, Steele successfully built a coalition to add money into the state budget for Mental Health First Aid. And, during her second term, her campaign said that “out of the 1,000 bills introduced into the Legislature during this last term, only eight of those that passed were Democratic bills ─ and two of those eight were Representative Steele’s bills.”

Steele is Seneca. She is a former award-winning reporter and TV news anchor. After a 25-year career as a television and radio news anchor, including positions at KOLD-TV, KNST and KFYI Radio, she began a second career as a mental health counselor. She is the State Legislative Coordinator and co-founder of the Tucson Chapter of the National Organization of Women. Steele is a public speaker, teacher and trainer experienced in presenting on Native American Culture, empowering women, and a variety of public policy issues.

Renewing the New Democrats

 

Wab Kinew has been elected to lead the Manitoba New Democratic Party. Kinew, is a best-selling author, broadcaster, Hip Hop artist, and a Member of the Legislative Assembly from Fort Rouge in Winnipeg. He is a member of the Onigaming First Nation in Northwestern Ontario.

As the new party leader he will lead the New Democrats into the next election in 2020, and, if successful, would be the person responsible for forming a government. (Think governor.) In 2016 the New Democratic Party lost after nearly 17 years in government when the Progressive Conservatives won 40 out of the 57 seats in the legislature. Kinew’s task will be to revive the New Democrats.

“I chose to stand for leader of the Manitoba NDP because I am motivated by the core values we share as New Democrats. Values like love, equality, and social justice,” Kinew said on his web site. “I am so proud to be a member of a party that looks like Manitoba in all its inclusivity, and that represents Manitoba values. With your support, I know I can lead the renewal of our party, build a team that will offer Manitobans a progressive alternative to Brian Pallister and help bring about a brighter day for people in our province.”

Kinew has been open about his personal growth and a past that includes criminal convictions as well as a pardon. On his web site he says: “When I hear about a young person who got in trouble with the law, who is told every day he has nothing to contribute, I think: I was you.”

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Pallister’s Progressive Conservative Party is the current provincial government. A tweet from the PC’s links to a roundup of stories about Kinew’s past, including domestic violence. (It even made the allegation look new by tagging a 2017 date to a 2003 story.) Kinew has talked extensively about his own history.

An opinion piece by CBC News said: “While such websites are now common fare in politics, it does suggest that the Conservatives are at least somewhat concerned  about Kinew.” The post concluded: “The NDP has its new leader, warts and all. Can Kinew rise to the challenges ahead? It would be foolish to think he can’t.”

Mark Trahant is the Charles R. Johnson Endowed Professor of Journalism at the University of North Dakota. He is an independent journalist and a member of The Shoshone-Bannock Tribes. On Twitter @TrahantReports

Reposting or reprinting this column? Please credit: Mark Trahant / TrahantReports.com

 

 

 

 

 

 

 

 

‘Hard work pays off’ in Washington state; election returns for Native candidates

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Bellingham City Councilmember Roxanne Murphy earned a significant lead in Tuesday’s election returns. She posted on Facebook: “I’m very much in first place and winning! I just earned 65.74 percent of the Primary Election vote in the three-way race to continue my reelection run to serve as your Bellingham City Councilmember, At-Large. Thank you for all of this and more, Bellingham!” (Photo via Facebook)
Trahant Reports

Washington state voters picked candidates in a primary election Tuesday and a number of Native Americans ran for offices ranging from city councils to the Seattle Port Commission.

Bellingham City Councilmember Roxanne Murphy, Nooksack, was easily cruising to a spot in the general election rolling up more than 65 percent of the vote. On Facebook she reported:  “Hard work really can pay off. Eternal thanks to every individual and organization that supported me. *Hands Lifted*”

Washington has a “top-two” primary where the top two candidates move on to the general election (regardless of party).

However former Washington Sen. Claudia Kauffman, Nez Perce, appeared to be unsuccessful in her bid to win a spot on the fall ballot for the Seattle Port Commission. Kauffman was running against an incumbent, John Creighton, who easily won the top spot.

Matthew Jolibois, Turtle Mountain, will also continue on to the general election for the City of Fircrest Council. He currently serves as the city’s mayor. 

Zachary Pullin DeWolf, Chippewa Cree, won 43 percent of the votes reported and will continue on to the general election contest for a seat on the Seattle School Board.

Across the state, Randy Scott, Tsimshian, will face Steve Ensley this fall in a race for the Ocean Shores City Council.

Most Washington voters cast their ballots by mail so the returns could change as more ballots are received and counted. The election will be certified by August 18. The state estimates that nearly 90,000 ballots have yet to be counted (out of 688,824 so far).