CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 10/8/2023 1

Native American Voter Identification 

ACLU of Minnesota v. Kiffmeyer 

(James M. Rosenbaum, D. Minn. 0:04-cv-4653) 

A federal court determined that recognizing tribal photoidentification cards as proof of both identity and address only if the 

voter resided on an Indian reservation violated equal protection. 

While the case was pending, the legislature brought the state’s law 

into compliance. 

Subject: Voter identification. Topics: Voter identification; Help 

America Vote Act (HAVA); equal protection. 

Six days before the 2004 general election, on October 27, the ACLU of Minnesota and Native American voters filed an action in the federal district court 

claiming that Minnesota’s statutes, rules, and directives violated equal protection and the Help America Vote Act1

 because of overly restrictive voteridentification requirements for Native American voters.2

 The plaintiffs 

moved on the following day for a temporary restraining order.3 On the day 

after that, District Judge James M. Rosenbaum4 held a hearing5 and granted 

the motion.6

Many members of the news media attended the hearing, and Minnesota’s 

attorney general argued on behalf of the secretary of state.7

 Following the incourt proceeding, the judge and the parties met in chambers, where Judge 

Rosenbaum drafted an injunction in consultation with counsel for both 

sides.8 The attorney general assured the judge and the plaintiffs that he would 

not file an appeal.9

1. Pub. L. No. 107-252, 116 Stat. 1666 (2002), as amended, 52 U.S.C. §§ 20901–21145. See 

generally Marie Leary & Robert Timothy Reagan, The Help America Vote Act (Federal Judicial Center 2012); Symposium, HAVA @ 10, 12 Election L.J. 111 (2013). 

2. Complaint, ACLU of Minn. v. Kiffmeyer, No. 0:04-cv-4653 (D. Minn. Oct. 27, 2004), 

D.E. 1; see Pat Doyle, Voter Registration Suit Seeks Broader Use of Indian ID for Voting, 

Minneapolis–St. Paul Star Trib., Oct. 29, 2004, at 5B. 

3. Temporary-Restraining-Order Motion, ACLU of Minn., No. 0:04-cv-4653 (D. Minn. 

Oct. 28, 2004), D.E. 2. 

4. Tim Reagan interviewed Judge Rosenbaum for this report by telephone on April 24, 

2012. 

Judge Rosenbaum retired on August 25, 2010, to take a position with JAMS. Federal 

Judicial Center Biographical Directory of Article III Federal Judges, www.fjc.gov/history/ 

judges; JAMS Neutrals, www.jamsadr.com/rosenbaum/; see James Walsh, U.S. District Judge 

Will Step Down in August, Minneapolis–St. Paul Star Trib., Apr. 23, 2010, at 1B.

5. See Notice of Hearing, ACLU of Minn., No. 0:04-cv-4653 (D. Minn. Oct. 29, 2004). 

6. Temporary Restraining Order, id. (Oct. 29, 2004), D.E. 13; see Pat Doyle, Order Broadens Use of Indian IDs, Minneapolis–St. Paul Star Trib., Oct. 30, 2004, at 1B; Patrick Sweeney, 

Ruling Backs Use of Tribal IDs at Any Polling Place, St. Paul Pioneer Press, Oct. 30, 2004, at 

B14. 

7. Interview with James M. Rosenbaum, Apr. 24, 2012. 

8. Id. 

9. Id. 
Native American Voter Identification 

2 Federal Judicial Center 10/8/2023 

Judge Rosenbaum found that Minnesota’s recognizing tribal photoidentification cards as proof of both identity and address only if the voter 

resided on a reservation violated equal protection.10 He ordered that a tribal 

photo-identification card be accepted as proof of both identity and address, 

and if the identification card did not show a current address then it be accepted as proof of identity and a document such as a recent utility bill could 

be used as proof of address, which was the same requirement for voters with 

driver’s licenses containing old addresses.11

Four months after the election, Magistrate Judge Franklin L. Noel12 held a 

pretrial conference to address long-term resolution of the complaint.13 Judge 

Rosenbaum presided over a telephone conference about three weeks later.14

On September 12, 2005, Judge Rosenbaum entered a consent judgment.15

It recognized that intervening legislation had mooted one of the plaintiffs’ 

claims: a tribal photo-identification card listing a voter’s current address 

could be used as both proof of identity and proof of address regardless of 

whether the voter lived on a reservation.16 The consent judgment required 

Minnesota to recognize a tribal photo-identification card with an old address 

or without an address as proof of a voter’s identity.17

On the day of the hearing, two other Minnesota voters moved to intervene as plaintiffs.18 Their attorney presented an argument at the hearing, but 

he was not included in the in-chambers conference immediately following.19

Judge Rosenbaum’s order acknowledged the motion,20 but did not include a 

ruling on it.21 On March 31, 2005, the motion to intervene was withdrawn.22

10. Temporary Restraining Order, supra note 6. 

11. Id. 

12. Judge Noel retired on August 31, 2018. Judicial Milestones, www.uscourts.gov/ 

judicial-milestones/franklin-l-noel. 

13. Minute Entry, ACLU of Minn. v. Kiffmeyer, No. 0:04-cv-4653 (D. Minn. Mar. 8, 

2005), D.E. 17. 

14. See Notice of Phone Conference, id. (Mar. 22, 2005), D.E. 19. 

15. Consent Judgment, id. (Sept. 12, 2005), D.E. 22; see Lee Egerstrom, Judge Gives OK 

for Tribal IDs in Vote Registration, St. Paul Pioneer Press, Sept. 13, 2005, at 1A; Matt 

McKinney, Tribal IDs Cleared for Use at Poll Sites, Minneapolis–St. Paul Star Trib., Sept. 14, 

2005, at 9B. 

16. Consent Judgment, supra note 15, at 3; see Minn. Stat. § 201.061, subd. 3(d). 

17. Consent Judgment, supra note 15, at 3–5. 

18. Motion to Intervene, ACLU of Minn., No. 0:04-cv-4653 (D. Minn. Oct. 29, 2004), 

D.E. 11. 

19. Interview with James M. Rosenbaum, Apr. 24, 2012. 

20. Temporary Restraining Order, supra note 6, at 1. 

21. Id. at 6. 

22. Order, ACLU of Minn., No. 0:04-cv-4653 (D. Minn. Apr. 1, 2005), D.E. 21; Motion to 

Withdraw, id. (Mar. 31, 2005), D.E. 20.