v.
In Indian Country, close members of the community are sometimes considered
family, despite not being directly related through blood, marriage, adoption, or
legal guardianship. This is particularly true for children they raise for others.
09/08120 Trial Tr. (Fyant) at 107:8-108:13; 09108/20 Trial Tr. (Cuts the Rope)
at 150:17-151:22.
h.
Because BIPA fails to adequately define family members and acquaintances, CSKT
members, for example, are likely to be confused about who is restricted from
picking up and dropping off ballots. The definition of family by CSKT members
is more expansive than the nuclear family cofirmon in non-Native households and
can include distant relatives and community members that may or may not be
directly related by blood or marriage. 09/08120 Trial Tr. (Fyant) at 107:8- 108:13.
i.
Ard while the sponsor of the bill indicated that voters should simply
judgment
in
defrning their family members, more
exercise good
is required as improperly
identiffing a person as a family member on the registry form could subject the
ballot collector to a perjury charge. Stip. Ex.'s 9, 11, 20.
j.
Defendants' interpretations have provided little guidance to mitigate the problems
with BIPA.
k.
Defendant Mangan's office similarly has failed to provide additional guidance on
what is sufficient to qualifr an individual as an "acquaintance," or whether the term
"family member" includes family relationships in Indian country. Mangan Dep.
Tr.66:7-18; Pl. Ex.'s 14, 17.
l. All of the prohibited categories of individuals
members, household members
or
in BIPA
acquaintances
38
-
-
caregivers, family
could still tamper with
a