Cert Petition in Turtle Mountain et al. v. Howe

More here.

Chippewa Cree Indians of Rocky Boy Sue Chouteau County for Vote Dilution

On August 14, 2025, the Chippewa Cree Indians of the Rocky Boy’s Reservation and two Native voters filed a lawsuit in the U.S. District Court for the District of Montana challenging Chouteau County’s unfair, at-large voting system for the Board of County Commissioners. The suit alleges the system unlawfully dilutes the voting strength of Native voters and has denied them any representation on the County Commission for more than a decade.   

Read more here and see the Complaint below.

U.S. Supreme Court denies cert in Montana voting rights case

On January 21, 2025, in Jacobsen, MT Sec. of State v. Montana Democratic Party, et al., the U.S. Supreme Court declined to review the Montana Supreme Court’s decision that two Montana laws that disenfranchise Native American voters are unconstitutional. The Blackfeet Nation, the Confederated Salish and Kootenai Tribes of the Flathead Reservation, the Fort Belknap Indian Community, the Northern Cheyenne Tribe, Western Native Voice, and Montana Native Voice have repeatedly won their challenges to two Montana laws that suppressed the Native vote in Montana by restricting access.

The Montana Legislature passed HB 176 to eliminate Election Day registration, which Native American voters disproportionately rely on to cast votes in Montana. Legislators passed HB 530 to restrict third-party ballot assistance, a service that aids Native voters living on reservations who may have to travel hours to the nearest polling location due to systemic inequities. The lower courts ruled, and the Montana Supreme Court affirmed, that the laws violate provisions of the Montana Constitution, including the right to vote, equal protection, free speech, and due process.

This is the second time that Montana Legislators passed restrictions on ballot collection that the courts determined discriminated against Native voters.

More here.

North Dakota Native Voting Rights Upheld by Supreme Court

On January 13, 2024, the U.S. Supreme Court decided the Walen v. Burgum redistricting lawsuit and affirmed the U.S. District Court for the District of North Dakota decision that preserves North Dakota House District 4A, a subdistrict that gives Mandan, Hidatsa, and Arikara Nation voters a long-awaited opportunity to elect representatives of their choice. The lower court determined that state legislators were endeavoring to comply with Section 2 of the Voting Rights Act and redistricting best practices by creating an election subdistrict along the boundaries of the MHA reservation as part of 2021 redistricting.

While the MHA Nation sided with the state to defend subdistrict 4A, North Dakota abandoned its own win during the appeal to the Supreme Court, failing to advocate for the state legislature’s voting map and citizens’ rights.

More here and here.

The Every Day Fight for Voting Rights in North Dakota

Turtle Mountain and Spirit Lake Win Redistricting Lawsuit Against North Dakota

On November 17, 2023, the North Dakota federal district court ruled in favor of the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Nation against the North Dakota Secretary of State. The Plaintiffs proved at trial that the North Dakota legislative redistricting plan violates Section 2 of the Voting Rights Act (VRA) by diluting the voting strength of Native American voters living on and near both reservations.  The state has been ordered to submit a VRA compliant redistricting plan to the court by December 22, 2023.

The Order is here:

Previous post on this matter here and PR here.

MHA Nation Prevails in Redistricting Lawsuit

On November 2, 2023, the North Dakota federal district court ruled in favor of the MHA Nation and North Dakota on motions for summary judgment. The Plaintiffs were alleging that the newly created MHA state legislative district was an illegal racial gerrymander.  North Dakota’s 2021 redistricting plan resulted in the election of an MHA tribal member to the state legislature in 2022.  The order means that the district will remain unchanged and MHA tribal member Representative Lisa DeVille will continue to serve as a state legislator.

Order here.

MHA Motion for Summary Judgment here:

State Motion here:

Plaintiff Motion here:

You can see a press release here and previous post on this matter here.

Court Grants Summary Judgment in favor of Rosebud and Oglala in NVRA Suit

Here is the Order:

More information can be seen here.

Previous post here.

Lower Brule Sioux Tribe v. Lyman County Board of Commissioners

Here is the complaint in Lower Brule Sioux Tribe, et al., v. Lyman County.

And here is the release on the litigation.

“Through this lawsuit we’re insisting Lyman County hold elections with a fairly drawn map in 2022,” said plaintiff, voter, and Lower Brule Sioux Tribe Vice Chairman Neil Russell.

The Lower Brule Sioux Tribe and three enrolled members filed the lawsuit to prevent Lyman County from continuing to violate Section 2 of the Voting Rights Act until 2026. “Like every other county already using new election district maps adopted after the 2020 Census in 2022, Lyman County must comply with the Voting Rights Act and implement the revised district map immediately,” said Native American Rights Fund (NARF) Staff Attorney Samantha Kelty. “Lyman County cannot continue to disenfranchise voters who live on the Lower Brule Sioux Reservation until 2026.”

MHA Nation moves to intervene in redistricting case in North Dakota.

The MHA Nation and individual Native American voters in North Dakota have filed a motion to intervene as defendants into a North Dakota District Court redistricting case.  The plaintiffs have sued the State to overturn a legislative subdistrict for the Fort Berthold Reservation.  The MHA Nation and tribal member intervenors are seeking to defend the Fort Berthold Reservation subdistrict that was approved by the North Dakota legislature.

Motion to intervene here:

Press release here.