The U.S. Supreme Court has decided not to review a Montana Supreme Court ruling that declared two Montana laws unconstitutional for disenfranchising Native American voters. This decision marks another victory for 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 in their ongoing battle against voter suppression.
The controversial laws in question are HB 176 and HB 530. HB 176 aimed to eliminate Election Day registration, a process heavily relied upon by Native American voters in Montana. Meanwhile, HB 530 sought to restrict third-party ballot assistance crucial for Native voters residing on reservations who face long travel distances to polling stations due to systemic inequities.
Lower courts had previously ruled against these laws, with the Montana Supreme Court affirming that they violated multiple provisions of the state constitution such as voting rights, equal protection, free speech, and due process.
This legal battle is not new; it marks the second instance where Montana's legislative attempts at restricting ballot collection have been deemed discriminatory against Native voters.
Jacqueline De León from the Native American Rights Fund commented on this development: “Year after year, Montana has tried to pass laws that make it harder for Native Americans to vote... We are gratified that the Supreme Court rejected this latest attempt by Montana to evade the simple truth: laws that disproportionately disenfranchise Native Americans are unconstitutional.”
Alex Rate from ACLU of Montana also expressed satisfaction with the court's decision: “Today the U.S. Supreme Court rejected the State’s latest hail-mary attempt at disenfranchising Montana voters... The State should be spending taxpayer dollars promoting access to the ballot box, not engaging in legal gimmickry.”
The successful challenge was mounted by NARF along with support from organizations including ACLU, ACLU of Montana, and Harvard Law School's Election Law Clinic. These groups represented both Tribal Nations and nonprofit organizations advocating for native voting rights in cases consolidated under WNV v. Jacobsen and Montana Democratic Party v. Jacobsen.
