Campaign donation lawsuit challenges Indian sovereignty

Holland Sentinel ^ | January 7, 2003 | Associated Press

[carbon14]

LOS ANGELES (AP) --
In an important test of the reach of tribal sovereignty, California's political watchdog agency is suing one of the state's wealthiest and most influential Indian tribes, accusing it of violating campaign finance reporting laws.

The Agua Caliente Band of Cahuilla Indians, which operates two casinos in and around Palm Springs, argues those laws do not apply to it because it is a sovereign entity. The Fair Political Practices Commission says California has the right to ensure the integrity of its election system.

The case will apparently be the nation's first test of whether Indian tribes are exempt from the rules that apply to other political donors, such as corporations and unions.

With gambling-rich tribes increasingly among the top political donors, the ability of state governments to monitor money in politics could hang in the balance.

[Chad Fairbanks]

YEah, but she said "ANY", so do you think I, as an indian, should not be allowed to vote in ANY election, even federal?

[Chad Fairbanks]

Depends on the tribe - the Bureau of Indian Affairs requires a certain minimum 'Blood Quantum', but tribes may impose even more stringent requirements...

[hotpotato]

Sure, but of someone from California goes to the reservation and gets money, which laws is he bound under - the state where he got the money, or the state he lives in?

I have no idea what you mean by this question.

[hotpotato]

She also said "no representation without taxation." Do Indians living on reservations pay federal income taxes?

[Chad Fairbanks]

Well, think of this as an Interstate Issue - which set of laws is someone bound by? Let's do a hypothetical - If I go to Nebraska and do some work for cash under the table, and then I go back to California and spend it, who's income tax laws am I bound under? (ignoring the federal taxes)

[hotpotato]

Depends on the tribe - the Bureau of Indian Affairs requires a certain minimum 'Blood Quantum', but tribes may impose even more stringent requirements...

Please explain how this is similar to any state law?

[Chad Fairbanks]

Yes, they are required to pay federal income tax on and off the reservation.

[Chad Fairbanks]

Well, each state IS allowed to determine theri own 'resident' criteria, yes? If I go to some other state, am I automatically a Resident? Or do I have to jump through a few hoops first?

[hotpotato]

I don't dialogue with the disingenuous. adios.

[Chad Fairbanks]

I'm not being disingenuous - I'm no fan of the racist tyrannical government styles of the reservation - which is why I chose not to live on one. However, it doesn't change the fact that tribes have a government-to-government relationship with the federal government, just like the states do... :0)

However, I have a BIG problem with being told that tribes are "foreign", and also being told I shouldn't have the right to vote in ANY political campaign except tribal.

Thanks to the Citizenship Act of 1924, I am an American Citizen. If people have a problem with that, it's too bad. :0)

[DaughterOfAnIwoJimaVet]

Bravo, Chad.

[kingu]

Indians should not be allowed to vote or contribute to any political campaigns outside their tribal councils. No representation without taxation should be the rule. And a constitutional amendment may be the way to clear this up once and for all.

The people on Guam, to take an example outside the tribal system, vote in Federal elections but are charged no federal taxes. They vote, but are not represented in congress (except by a, err, shadow senator or whatever they call it. Slipped from my mind.) They aren't represented, therefore they're not subject to federal taxes for transactions that occur on Guam.

Companies know this, hence why there's a fair amount of clothing manufacturers in the Marianas, since they can legally call it 'Made in the USA' but not be subject to many of the laws and taxes they would get anywhere in the States. Tribes do not have direct representives and senators in congress, therefore they also are exempt from federal taxes for transactions between tribal members on tribal land.

There's loads of history about citizenship finally granted to tribal members in the 20th century, and I don't want to try to explain in a brief forum like this what a Public Law 209 state is, but in the end, tribal members have a form of dual citizenship. They can vote in local, state and federal elections.

Now, Milanovich, of Agua Caliente, has been fighting the campaign donation disclosures for years now. I personally have repeatedly discouraged such a action, but, well, he's always been a prickler for it. The concept is that the tribe, as a soverign, is not subject to the state laws, and thus is not required to open any of their books to outside inspection. Think of the gun grabbers - he's worried about the slippery slope argument. By setting the precident that the elections commission can examine their donations, they've open the door a crack for the next legal case.

Myself, I've advocated that they just pick a third party to handle the campaign contributions and sidestep the issue, but he and others believe that if you're not subject to inspection, you're not subject to the limitations. Since they finally have economic development (and mind, a decade ago, most tribal members thought they were doing pretty well if they had a trailer and electricity) to power their issues, they should use that power. Almost universally, they believe that as soon as they are successful, their success will be taken away.

Hardly surprising, considering history. And, well, the calls to tax the tribes fulfills their prophesy. But, alas, it is their fault - by openly (the guys down at Vejas even called the press to gloat about their nearly two million dollar donation to Bustamante) showing that they have money to spend, they've demonstrated to people they have excess money, and we all know what happens with excess money when politicians are around.

Anyway, I've wandered all over the place, I hope some of this background helps.

[kingu]

But, you ARE subject to the laws of other states if you go there.

But as you know, if you go to a reservation, you're not subject to the laws of the reservation unless you're a member of that tribe.. (Though the issue of whether another tribal member is subject to the laws of the tribe is still not completely settled after all these years..) And reservation land is not subject to the bill of rights, which I'm not sure how this happened.. Hmm, I wonder if that means that you couldn't use an ammendment to change how the tribes are treated, since the ammendments don't apply to tribal land.. UGH, my brain hurts.

[Chad Fairbanks]

Actually, a non-tribal member who goes on a reservation IS beholden to the laws that exist on the res... If you speed, you WILL be ticketed by the tribal police and have to appear in tribal court etc.

And if you are non-indian travelling with a gun on reservation or trust land, be VERY careful...

[kingu]

My position exactly -- if they don't want to pay our State taxes, then they shouldn't vote in our State elections!

I love that concept! Turn in your tax forms before you're allowed to vote.. If you haven't contributed a positive amount in taxes, you can't vote..

Well, anyway, aside from my pet political views, a person who never leaves the reservation and has no economic ties outside of the reservation - well, such a thing is incredibly rare. Even on Navajo lands, the largest reservation in the US, they leave the reservation consistantly and pay taxes through sales tax, and if they have a job off the reservation, or employed by a non-tribal member (or tribally owned entity), they are required to pay state and federal taxes. So, yes, they pay taxes, therefore, they have the right to vote. Mind you, before gaming, most people didn't care, since they didn't earn much money from tribal enterprise. Now that they have money, people want it. A lot of Indians view that as business as usual. :)

[kingu]

Depends on the tribe - the Bureau of Indian Affairs requires a certain minimum 'Blood Quantum', but tribes may impose even more stringent requirements...

Tribes are the sole determinor for membership, though the BIA has a separate standard for qualifications for services provided by the BIA. Interestingly enough, the quantum is limited to one specific tribe, so effectively over time, the BIA will legislate out the American Indian as they marry between tribes and with the population at large.

[kingu]

Thanks to the Citizenship Act of 1924, I am an American Citizen. If people have a problem with that, it's too bad. :0)

Though they took long enough after the amount of blood tribal members shed fighting in the US forces prior to that point. The numbers that died during the first world war was a surprise to me.

[Chad Fairbanks]

True enough...

[Chad Fairbanks]

Yup... But no one cares about that. People seem to think that being an Indian means free money, and that couldn't be further from the truth

[kingu]

Actually, a non-tribal member who goes on a reservation IS beholden to the laws that exist on the res... If you speed, you WILL be ticketed by the tribal police and have to appear in tribal court etc.

I'm not sure how the setup is where you live, I do know that the general rule is that tribal law only applies to tribal members. Tribal court only applys to tribal members and those doing business/interaction with the tribe. If a tribal police officer were, say, deputized by the state or county, they would be able to enforce the highway laws and actually have the ability to make it stick.. Another exception would be for those reservations under BIA officers. I'm not a legal expert, but it does seem like whenever this issue is challenged, it ends up in the courts for nearly a decade.