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.
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.
To defend a challenge to a North Dakota State House subdistrict that the North Dakota Legislature approved in 2021, the the Mandan, Hidatsa, and Arikara (“MHA”) Nation intervened as a defendant to support North Dakota. After MHA Nation and the state successfully won summary judgment in the district court, North Dakota is now asking the Supreme Court to vacate the state’s (and the MHA Nation’s) win in the lower court.
Here is the jurisdictional statement from the Plaintiffs.
Here is MHA Nation’s Motion to Dismiss or Affirm.
And here is North Dakota’s Response.
Media coverage:
More here.
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.
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.
The Spirit Lake Nation and two tribal members sued Benson County North Dakota, alleging that the county’s at-large redistricting plan: (1) discriminates against Native American voters by unlawfully diluting their voting strength in violation of Section 2 of the Voting Rights Act; and (2) violates a 2000 consent decree in which the county was prohibited from ever implementing an at-large method of election. Here is the Complaint:
More information on the case here.
Here is the order:
The decision acknowledges that the county’s current redistricting plan would dilute the voting power of the Native community and requires the county commissioners to create a new plan for the county elections in November. “The Lower Brule Sioux Tribe remains ready to help Lyman County make positive changes on and off-reservation: let’s get started,” said plaintiff, voter, and Lower Brule Sioux Tribe Vice Chairman Neil Russell.
On January 24, 2022, a unanimous three-judge court in the Milligan case blocked Alabama’s newly drawn congressional map. The Court ordered the state Legislature to draft a new congressional map that complies with the Voting Rights Act by including two districts where Black voters have the opportunity to elect candidates of their choice. The Supreme Court is now hearing the case.
Here is NCAI’s amicus brief in the matter.
Here is the Order denying the North Dakota’s Motion to Dismiss Turtle Mountain and Spirit Lake’s Complaint.
The Tribes’ Release can be seen here. From the release:
“North Dakota’s newly drawn state legislative map dilutes the voting strength of Spirt Lake members. The Secretary of State has tried to dismiss the case on far-fetched procedural arguments because he doesn’t want to have to argue the facts, but we look forward to the opportunity move forward with this case,” said Spirit Lake Tribe Chair Douglas Yankton, Sr.
“Historically, Native voters in northeastern North Dakota have been able to elect two State House candidates of our choice. The new map reduces our representatives to one and is in direct violation of the Voting Rights Act. We appreciate that the court recognized that Tribes and individual Native voters have the right to be heard and have our voting rights protected,” said Turtle Mountain Chippewa Chair Jamie Azure.
The Motion, Response, Reply, and United States’ Statement of Interest are below.
Previous post on this matter here.
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.”
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