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 initially brought by the Montana Federation of Public Employees. The case challenges Senate Bill 490 (SB 490), a new law passed during the 2025 Montana Legislative session that restricts voter registration by eliminating eight hours of registration opportunity on Election Day.
The legislation is said to disproportionately affect Native Americans in rural Tribal communities across Montana's seven Indian reservations. Critics argue that SB 490 violates voting rights and equal protection guarantees under the Montana Constitution.
This marks the third instance in six years where Western Native Voice and several of Montana’s sovereign Tribal nations have sought legal recourse against legislative measures perceived as hindering Native American voting rights. Plaintiffs include Western Native Voice, Confederated Salish and Kootenai Tribes of the Flathead Reservation, Blackfeet Nation, Fort Belknap Indian Community, and Northern Cheyenne Tribe.
Despite a previous ruling by the Montana Supreme Court declaring similar laws unconstitutional for burdening Native Americans' right to vote, SB 490 was enacted. More than 70,000 people in Montana depend on Election Day registration to vote, including many Indigenous Montanans who face barriers such as limited mail access and transportation challenges.
“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...mean that restrictions on Election Day registration disproportionately impact Native American voters in Montana.”
Northern Cheyenne President Gene Small stated: “We are not asking for special treatment—we’re demanding equal treatment...taking away eight hours of Election Day registration creates real life problems for everyday voters. It’s anti-democratic.”
Fort Belknap President Jeffrey Stiffarm emphasized: “Each time we’ve stood up in court for our right to vote...It’s racism to try and enact the same laws over again.”
NARF Senior Staff Attorney Jacqueline De León remarked: “Court after court have already ruled against this kind of suppression...We will not be ignored.”
