voting rights

The Chippewa Cree Indians of the Rocky Boy’s Reservation settle redistricting lawsuit

Matthew Campbell

On December 15, 2025, the U.S. District Court for the District of Montana approved a settlement reached in Chippewa Cree Indians of the Rocky Boy’s Reservation v. Chouteau County, Montana that will provide Tribal citizens the opportunity to elect a representative of their choice to the Chouteau County Board of County Commissioners.

Consent Judgment and DecreeDownload
Ex 2Download

Under the terms of the settlement, the Tribal Nation’s reservation will be part of Chouteau County’s District 1, which will elect a representative to the Board of County Commissioner through a single-member district election.

“We’re pleased that the county did the right thing in giving the Chippewa Cree Tribe a chance to elect a representative to the Board of Commissioners,” said Chippewa Cree Tribe Chairman Harlan Gopher Baker. “It has been more than a decade since we have had a Native voice in county politics. We look forward to being a part of this conversation.”

“This case was about our community finally having a representative and a voice like other voters in the county,” said plaintiff and voter Tanya Schmockel, a citizen of the Chippewa Cree Tribe. “I am excited about finally having the chance to have our voices heard and our concerns addressed.”

Most of Chouteau County’s Native population lives on or near the Rocky Boy’s Reservation, and many critical local issues — such as infrastructure, road maintenance, and emergency services — require coordination between the county and Tribal governments.

“In order for our county to include all of us, we needed a fair election system. With the new district, we have a chance for our voters to elect a commissioner who understands Native issues,” said plaintiff and voter Ken Morsette, a citizen of the Chippewa Cree Tribe. “This is a huge step forward for our Tribe.”

Native American Rights Fund (NARF), American Civil Liberties Union Foundation Voting Rights Project (ACLU), and ACLU of Montana (ACLU-MT), represent the plaintiffs in this case.

Read more about the Tribe’s successful fight for fair voting in Chouteau County.

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

Matthew Campbell

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.

SCT Amicus Brief in Voting Rights Case

Matthew L.M. Fletcher

Here is the NCAI brief in Louisiana v. Callas/Robinson v. Callas:

NCAI BriefDownload

North Dakota Flips Argument at Supreme Court in Seeking to Overturn Redistricting Win for MHA Nation

Matthew Campbell

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:

North Dakota changes course on tribal redistricting case, asks US Supreme Court to rule – InForum | Fargo, Moorhead and West Fargo news, weather and sports

North Dakota’s 180-Degree Turn in Redistricting Case Sparks Outcry from MHA Nation | Currents (nativenewsonline.net)

More here.

Webinar: How to Transform Voter Registration in Indian Country Through NVRA Designation

Matthew Campbell

While many Native Americans face challenges to exercising their fundamental right to vote, there is an opportunity to break through voting barriers and transform voter registration in Indian Country through designation of federally and tribally run Indian Health Service facilities. Join us for a discussion hosted by tribal leaders, Native organizers, and voting rights experts as they walk through what IHS has already committed to, the potential impact of IHS designations, and a roadmap for how to pursue designations for your Tribal Nation. Register here.

When: Wednesday, April 12, 2023 at 3:00 p.m. – 4:00 p.m. EDT

Speakers:
Regina Cuellar – Shingle Springs Band of Miwok Indians, Chairwoman
Heidi Todacheene – Senior Advisory to the Secretary, Department of Interior
Maggie Toulouse Oliver – New Mexico Secretary of State
Jacqueline De León (Moderator) – Native American Rights Fund, Senior Staff Attorney
Saundra Mitrovich – National Congress of American Indians, Director of External Engagement

Decision in Western Native Voice et al. v. Jacobsen (voting rights)

Matthew Campbell

After a two week trial, on September 30, 2022, a Montana court struck down as unconstitutional two state laws that hinder Native participation in the state’s electoral process. HB 176 eliminated Election Day registration, which reservation voters disproportionately rely upon to cast votes in Montana. HB 530 prohibited paid third-party ballot assistance, a service that aids Native voters living on reservations. The court ruled that the laws violate provisions of the Montana Constitution, including the right to vote, equal protection, free speech, and due process.

The 199 page order is here:

20220930wnv-v-jacobsen-orderDownload

More background and information on the case can be seen here.

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

Matthew Campbell

Here is the Order:

20220526-order-msj-sd-nvraDownload

More information can be seen here.

Previous post here.

Order Denying Motion to Dismiss in Rosebud and Oglala National Voter Registration Act Lawsuit

Matthew Campbell

Here is the Order Denying South Dakota’s Motion to Dismiss Rosebud and Oglala’s Complaint that South Dakota is failing to comply with the National Voter Registration Act.

doc.-115-memorandom-and-order-denying-defs-motion-to-dismiss-rst-v-barnett0-2022.05.17-00234861x105fe6Download

Here is the Amended Complaint.

doc.-044-amended-complaint-2021.08.10-rosebud-00224240-2Download

Previous post on this issue here.

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

Matthew Campbell

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:

mha-motion-to-interveneDownload

Press release here.

Turtle Mountain Band of Chippewa Indians and Spirit Lake Tribe v. Jaeger

Matthew Campbell

The Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribe, and several individual voters filed suit in North Dakota challenging North Dakota’s state legislative map as unlawfully diluting the voting rights of Native Americans in violation of Section 2 of the Voting Rights Act (VRA). You can see the complaint here.

Press release is here.

May be an image of text that says 'REDISTRICTING "In a process that is supposed to produce election boundaries that fairly and accurately reflect North Dakota's population, the state instead approved a map designed to stifle Native American votes." -PLAINTIFF WES DAVIS TURTLE MOUNTAIN CHIPPEWA) CHAIR OF NORTH DAKOTA NATIVE VOTE NARF'