Case Updates:
June 2025: Tribes seek to intervene in case challenging new voter restrictions
On June 24, 2025, the Native American Rights Fund (NARF), the ACLU of Montana, and the American Civil Liberties Union filed a Motion to Intervene in a case brought initially by the Montana Federation of Public Employees, challenging a new Montana law that restricts Native American participation in the state’s electoral process.
The new law, Senate Bill 490 (SB 490), passed in the 2025 Montana Legislative session, restricts voter registration by eliminating eight critical hours of registration opportunity on Election Day. SB 490 harms Native Americans in rural Tribal communities across Montana’s seven Indian reservations by restricting access to the voter registration process. In doing so, SB 490 violates the right to vote and the guarantee of equal protection under the Montana Constitution.
This is the third time in six years that Western Native Voice and some of Montana’s sovereign Tribal nations have been forced to seek redress from the courts for the Legislature’s continued insistence on making it more difficult for Native Americans in Montana to vote. Plaintiffs include Western Native Voice, Confederated Salish and Kootenai Tribes of the Flathead Reservation, the Blackfeet Nation, the Fort Belknap Indian Community, and the Northern Cheyenne Tribe.
Barely a year after the Montana Supreme Court ruled that similar laws restricting Election Day registration unconstitutionally burdened Native Americans’ right to vote, and despite legal analysis indicating that the proposed legislation likely violated the Montana Constitution, the Legislature nevertheless enacted this latest law disenfranchising Native American voters.
More than 70,000 people, including many Indigenous Montanans, rely on Election Day registration to cast their votes in the state. When that access is restricted, there is little recourse or a fair opportunity to participate in Montana’s democratic process.
Taking away eight critical hours of Election Day registration creates impossible odds for many to reach the ballot box. Election day registration expands the ability to vote— especially in the face of limited mail access, transportation barriers, and the long distances many must travel to reach their county seats.
Senate Bill 490 effectively eliminates meaningful access to Election Day registration by cutting a full eight hours from the process, essentially making it unavailable for the majority of Election Day. This change disproportionately impacts Indigenous people in rural Tribal communities, who not only rely heavily on Election Day registration, but also overwhelmingly register to vote after noon— precisely the window SB 490 cuts out.
“Centuries of discrimination have led to significant socioeconomic disparities for Native communities, resulting in additional barriers to voting,” said Ronnie Jo Horse, executive director of Western Native Voice. “These conditions, combined with the added burdens imposed by Senate Bill 490, mean that restrictions on Election Day registration disproportionately impact Native American voters in Montana. Ultimately, Senate Bill 490 unconstitutionally prevents Native Americans living on reservations from achieving full and equal participation in the electoral process.”
“We are not asking for special treatment—we’re demanding equal treatment. When you live miles and miles from the nearest polling place, and the roads are snowed in all morning, taking away eight hours of Election Day registration creates real life problems for everyday voters. It’s anti-democratic,” explained Northern Cheyenne President Gene Small.
“Each time we’ve stood up in court for our right to vote, we do so not for ourselves, but for the generations who came before us and those who will come after,” said Fort Belknap President Jeffrey Stiffarm. “Our ancestors fought for recognition, sovereignty, and dignity. It’s racism to try and enact the same laws over again. We will not let the state drag us backwards or silence our people. Not now. Not ever.”
“Court after court have already ruled against this kind of suppression,” said NARF Senior Staff Attorney Jacqueline De León. “SB 490 ignores judicial precedent, ignores Indigenous reality, and ignores the Constitution. We will not be ignored.”
May 2026: Preliminary injunction granted
On May 11, 2026, the Montana First Judicial District Court, Lewis and Clark County, issued an order ruling that Senate Bill 490, which passed during the 2025 Montana Legislative session, is enjoined and may not go into effect. As a result, voters will not lose eight critical hours of voter registration on Election Day.
“This ruling is particularly important to rural Tribal communities across Montana,” said Native American Rights Fund Senior Staff Attorney Jacqueline De León, “many of whom rely on the ability to register and cast a ballot on Election Day. Being able to register on Election Day is critical to ensuring full Indigenous participation in Montana’s electoral process.”
“The State of Montana could not provide a compelling government interest justifying this voter suppression law because there simply isn’t one,” said ACLU of Montana Deputy Director/Legal Director Alex Rate. “Election Day voter registration is secure, it’s fair, and – with this ruling – it continues to be protected in Montana.”
“Democracy works best when every eligible voter can participate freely,” said ACLU’s Voting Rights Project Senior Staff Attorney Theresa J. Lee. “Attempts to restrict access to Election Day registration disproportionately burden Native communities and undermine the promise of equal access to the ballot. This decision is a powerful reminder that the right to vote is not a privilege — it is a constitutional guarantee that belongs to all of us.”
Additional Plaintiff parties are represented by Graybill Law Firm, Elias Law Group, and Upper Seven Law.
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