Tribes aim to join suit against Montana voting laws

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    A coalition of Native American tribes in Montana is challenging a new election law, claiming it undermines the voting rights of Native communities. The American Civil Liberties Union of Montana, alongside its national counterpart and the Native American Rights Fund, has submitted a motion to intervene in an existing legal case on behalf of several tribal plaintiffs.

    The plaintiffs include the Northern Cheyenne Tribe, Blackfeet Nation, Confederated Salish and Kootenai Tribes, Fort Belknap Indian Community, and Western Native Voice. They argue that Senate Bill 490 imposes disproportionate burdens on Native Americans residing in rural and tribal areas, who already face significant challenges in exercising their right to vote.

    Senate Bill 490, introduced by State Senator Mike Cuffe and enacted by Governor Greg Gianforte on May 5, modifies the voter registration procedure. While earlier, voters could register at polling stations until 8 p.m. on Election Day, the new law halts voter registration by noon on the same day. Proponents claim it will alleviate congestion and streamline operations for election officials; however, critics argue it violates constitutional rights.

    The tribal plaintiffs highlight increased obstacles for Native voters, citing inequities in mail and internet access, alongside the heightened financial and logistical hurdles faced by individuals in poverty-stricken and remote locations. Northern Cheyenne Tribal President, Gene Small, criticized SB 490 as “anti-democratic,” stressing the law’s real-world implications on election dynamics for those residing far from polling sites.

    The lawsuit against SB 490 stems from actions initiated by the Montana Federation of Public Employees (MFPE) in May, which also targets Senate Bill 276—another measure championed by Cuffe. This statute mandates that voter identification be “current, valid, and readable,” eliminating alternative identification options like utility bills or bank statements.

    Although tribal plaintiffs have not contested SB 276 directly, the MFPE, the biggest union in the state, firmly denounces both laws as unconstitutional. They argue these measures cause voter confusion and unnecessarily complicate voter ID stipulations, effectively diminishing the safety net for those unable to furnish the requisite documentation.

    The MFPE undertook litigation shortly after Gianforte endorsed the bills into law, filing within the Montana First Judicial District Court of Lewis and Clark County. Montana’s tribes have a longstanding history of opposing electoral laws perceived as suppressive.

    In light of previous legal victories, such as the dismantling of the Ballot Interference Prevention Act and the annulment of House Bills 176 and 530 by the Montana Supreme Court, tribal communities remain resolute. They assert these past precedents fortify their current stance against legislation perceived as disenfranchising Native voters.

    President Jeffrey Stiffarm of the Fort Belknap Indian Community reinforced this determination, emphasizing that the state could not stifle Native voices or regress on progress achieved in voting rights.