Native American Voting

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4 Native American Voting Cases

With and American flag in the background, four people in the act of voting, stand behind voter booths as they make their selections.
Montana
Sep 2025

Native American Voting

Montana Federation of Public Employees v. Montana

Representing Western Native Voice and four sovereign tribal nations in Montana, the Ƶ, Ƶof Montana, and Native American Rights Fund (NARF) challenged the latest in a line of Montana laws that hinder Native American participation in the state’s electoral process — SB 490, which drastically limits access to Election Day voter registration (EDR) in Montana. These laws violate a number of provisions in the Montana Constitution: the right to vote, equal protection, and due process.
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Montana Federation Of Public Employees V. Montana. Explore Case.
Montana
Sep 2025
With and American flag in the background, four people in the act of voting, stand behind voter booths as they make their selections.

Native American Voting

Montana Federation of Public Employees v. Montana

Representing Western Native Voice and four sovereign tribal nations in Montana, the Ƶ, Ƶof Montana, and Native American Rights Fund (NARF) challenged the latest in a line of Montana laws that hinder Native American participation in the state’s electoral process — SB 490, which drastically limits access to Election Day voter registration (EDR) in Montana. These laws violate a number of provisions in the Montana Constitution: the right to vote, equal protection, and due process.
Montana Federation Of Public Employees V. Montana. Explore Case.
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North Dakota
Jul 2025

Native American Voting

Turtle Mountain Band of Chippewa Indians v. Howe (Amicus)

In Arkansas State Conference NAACP v. Arkansas Board of Apportionment, the 8th Circuit became the first federal appeals court to rule that private plaintiffs cannot enforce Section 2 of the Voting Rights Act. In doing so, the court left open the question whether private plaintiffs could enforce Section 2 through an alternative civil rights statute, 42 U.S.C. § 1983. In this case, a divided panel on the 8th Circuit has held that plaintiffs may not use Section 1983, either. If the holding stands, Section 2 of the VRA will be functionally out of reach for voters across the 8th Circuit in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. On behalf of the NAACP Arkansas State Conference and the Arkansas Public Policy Panel, the Ƶand Ƶof Arkansas has filed a brief supporting the plaintiffs' request that the full Eighth Circuit rehear and correct this decision.
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Turtle Mountain Band Of Chippewa Indians V. Howe (amicus). Explore Case.
North Dakota
Jul 2025
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Native American Voting

Turtle Mountain Band of Chippewa Indians v. Howe (Amicus)

In Arkansas State Conference NAACP v. Arkansas Board of Apportionment, the 8th Circuit became the first federal appeals court to rule that private plaintiffs cannot enforce Section 2 of the Voting Rights Act. In doing so, the court left open the question whether private plaintiffs could enforce Section 2 through an alternative civil rights statute, 42 U.S.C. § 1983. In this case, a divided panel on the 8th Circuit has held that plaintiffs may not use Section 1983, either. If the holding stands, Section 2 of the VRA will be functionally out of reach for voters across the 8th Circuit in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. On behalf of the NAACP Arkansas State Conference and the Arkansas Public Policy Panel, the Ƶand Ƶof Arkansas has filed a brief supporting the plaintiffs' request that the full Eighth Circuit rehear and correct this decision.
Turtle Mountain Band Of Chippewa Indians V. Howe (amicus). Explore Case.
Stapleton
Montana
Sep 2020

Native American Voting

Western Native Voice v. Stapleton

The Ƶ, Ƶof Montana, and Native American Rights Fund challenged a Montana law that severely restricted Native Americans’ access to the ballot. In September 2020, the court issued its ruled for plaintiffs, finding that they presented “cold, hard data” about the law's impact on Native Americans, and how its costs were “simply too high and too burdensome to remain the law of the State of Montana.”
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Western Native Voice V. Stapleton. Explore Case.
Montana
Sep 2020
Stapleton

Native American Voting

Western Native Voice v. Stapleton

The Ƶ, Ƶof Montana, and Native American Rights Fund challenged a Montana law that severely restricted Native Americans’ access to the ballot. In September 2020, the court issued its ruled for plaintiffs, finding that they presented “cold, hard data” about the law's impact on Native Americans, and how its costs were “simply too high and too burdensome to remain the law of the State of Montana.”
Western Native Voice V. Stapleton. Explore Case.