In August 2025, the Chippewa Cree Indians of the Rocky Boy’s Reservation and two Native voters filed a federal lawsuit challenging Chouteau County, Montana’s at-large election system. This scheme allows the white majority to control every commissioner race, leaving Native voters without a fair chance to elect candidates of their choice.
BACKGROUND
Montana has a long and well-documented history of voting discrimination against Native Americans. Shortly after the Territory of Montana was established, lawmakers restricted voting to “white male citizens” and explicitly prohibited Native Americans from voting. In 1871, territorial law even barred establishing voting precincts “on any Indian reservations whatsoever.”
While these explicit bans are gone, inequities remain. Many Tribal members still face barriers to voting, including limited access to voting locations. For comparison, voters in Fort Benton, Montana, the Chouteau County seat, can access full early voting services Monday through Friday, eight hours per day. However, Fort Benton is a fifty-mile drive one-way for voters living on the Rocky Boy’s Reservation in Chouteau County. During the 2024 general election, the County’s satellite office on the Rocky Boy’s Reservation was open for only three days during the early voting period.
On top of these access issues, Chouteau County uses at-large elections — meaning all voters in the County vote for all three commissioner seats, rather than electing commissioners by district. This system allows the white majority to dominate every race. Since 2014, the Native-preferred candidate has lost every County Commissioner race except one non-partisan State Supreme Court election. To plaintiffs’ knowledge, no Native American has held a county-wide office in at least a decade.
This is a violation of Section 2 of the Voting Rights Act. In August 2025, the Chippewa Cree Tribal Nation and individual Native voters sued to protect their right to have a voice in county politics.
It has been made clear that the county does not hear or respect Native American voices and makes decisions unilaterally. That position goes against the American ideals of democracy and equality. NARF supports the Chippewa Cree and Native voters in Chouteau County as they fight to protect their rights and their voice.
Native American Rights Fund (NARF), American Civil Liberties Union Foundation Voting Rights Project (ACLU), and ACLU of Montana, represent the plaintiffs in this case.
CASE UPDATES
August 2025: Native Voters and Tribal Nation Fight Back Against Decades of Voter Dilution in Chouteau Country
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.
Under the current at-large system, all voters in Chouteau County cast ballots for all three commissioners, instead of electing commissioners by district. As a result, Native voters—who now make up approximately one-third of the County’s voting-age population—have consistently been unable to elect a candidate of their choice. The three current commissioners have all been elected and re-elected under this system since at least 2010.
“We’re filing this lawsuit because Chouteau County continues to hold elections in which the Native votes don’t count,” said Chippewa Cree Tribe Chairman Harlan Gopher. “The Chippewa Cree Tribe filed this lawsuit to prevent this local government from trampling on the civil rights of our people. A fair redistricting process must respect the boundaries and voice of our Nation.”
Montana law requires counties to update election systems every ten years following the Census. Despite population changes and the growth of the Native electorate, the county chose to maintain outdated boundaries and refused to consider district-based voting that would provide Native voters a fair opportunity to elect a representative.
“Fair representation isn’t just about numbers on a map — it’s about the dignity of knowing our voices count. Without that, we remain invisible in decisions that affect every part of our lives. This case is about making sure our community finally has the same say in who serves as commissioner as every other voter in the County,” said plaintiff and voter Tanya Schmockel, a citizen of the Chippewa Cree Tribe.
Most of Chouteau County’s Native population lives near or on the Rocky Boy’s Reservation, and many critical local issues — such as infrastructure, road maintenance, and emergency services — require coordination between the county and the Tribe.
“We need a fair election system so our voters can elect a commissioner who understands Native issues and will collaborate with the Tribe to get things done. The three local representatives currently in power do little that benefits the Native taxpayers in this part of Montana and adopted a system that prevents us from being able to vote them out. Until our votes matter, too, we’re stuck under their thumb,” said plaintiff and voter Ken Morsette, a citizen of the Chippewa Cree Tribe.
“Since 2010, Native voters in Chouteau County have been trapped in a system where their votes make no difference,” said NARF Staff Attorney Samantha Blencke. “That’s not just wrong — it’s illegal. Our democracy is supposed to guarantee fair representation to all communities.”
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