Lawsuit: Chouteau County, Montana Must Update Election System so Native Votes Count
GREAT FALLS, Mont. 鈥 On August 14, 2025, the Chippewa Cree Indians of the Rocky Boy鈥檚 Reservation and two Native voters filed a lawsuit in the U.S. District Court for the District of Montana challenging Chouteau County鈥檚 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 鈥 who now make up approximately one-third of the county鈥檚 voting-age population 鈥 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.
鈥淲e鈥檙e filing this lawsuit because Choteau County continues to hold elections in which the Native votes don鈥檛 count,鈥 said Chippewa Cree Tribe Chairman Harlan Gopher. 鈥淭he 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.鈥
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 Despite population changes and the growth of the Native electorate, the county chose to maintain outdated boundaries and refused to consider district-based voting that would provide Native voters a fair opportunity to elect a representative.
鈥淔air representation isn鈥檛 just about numbers on a map 鈥 it鈥檚 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,鈥 said plaintiff and voter Tanya Schmockel, a citizen of the Chippewa Cree Tribe.
Most of Chouteau County鈥檚 Native population lives near or on the Rocky Boy鈥檚 Reservation, and many critical local issues 鈥 such as infrastructure, road maintenance, and emergency services 鈥 require coordination between county and Tribal governments.
鈥淲e 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鈥檙e stuck under their thumb,鈥 said plaintiff and voter Ken Morsette, a citizen of the Chippewa Cree Tribe.
Native American Rights Fund (NARF), 红杏视频 Foundation Voting Rights Project (红杏视频), and 红杏视频 of Montana (红杏视频-MT), represent the plaintiffs in this case.
鈥淢ontana's history of excluding Native people from political representation is not just a matter of the distant past 鈥 it continues today in the form of systemic voter suppression,鈥 said Theresa Lee, senior staff attorney with the 红杏视频 Voting Rights Project. 鈥淔rom the lack of polling locations on reservations, to long travel distances for ballot drop boxes, to at-large voting 鈥 these barriers are unacceptable. Native voters in Montana deserve the representation they have been denied for generations.鈥
鈥淪ince 2010, Native voters in Chouteau County have been trapped in a system where their votes make no difference,鈥 said NARF Staff Attorney Samantha Blencke. 鈥淭hat鈥檚 not just wrong 鈥 it鈥檚 illegal. Our democracy is supposed to guarantee fair representation to all communities.鈥
鈥淢ontana has a long and unfortunate history of disenfranchising Indigenous voters,鈥 said Akilah Deernose, Executive Director of the 红杏视频 of Montana. 鈥淥nce again we are forced to rely on the Courts to ensure that Indigenous voters enjoy the same rights and privileges as non-Native voters.鈥
A copy of the complaint can be found here: https://assets.aclu.org/live/uploads/2025/08/Final_Complaint_Chippewa-Cree-Tribe-v.-Chouteau-County_08.14.25.pdf