A group of tribes in Montana alleges a new election law will disenfranchise Native voters and has moved to join a lawsuit challenging it.
On Tuesday, the ACLU of Montana, American Civil Liberties Union nationally and Native American Rights Fund filed a motion to intervene in an existing case on behalf of a group of tribal plaintiffs, including the Northern Cheyenne Tribe, Blackfeet Nation, Confederated Salish and Kootenai Tribes, Fort Belknap Indian Community and Western Native Voice.
In their complaint, the group of tribal plaintiffs argues the changes to Election Day voter registration outlined in Senate Bill 490 disproportionately harm Native Americans in rural and tribal communities who already face significant barriers to voting.
Sponsored by Sen. Mike Cuffe, R-Eureka, SB 490 changes the deadline for registering to vote or changing voter information. Where previously anyone in line by 8 p.m. on Election Day could register to vote and then cast a ballot, the new law, signed by Gov. Greg Gianforte on May 5, closes voter registration at noon on Election Day (generally Tuesdays) and ends the ability to register on the Monday before an election. State lawmakers who supported the legislation argued it would curb long lines and benefit election workers; opponents said it was unconstitutional.
“[SB 490] disproportionately burdens Native voters compared to non-Native voters due to inequities in mail delivery service, internet access, access to post offices and post office boxes, and increased burdens on Native voters due to disproportionate rates of poverty and lack of vehicle access,” tribal plaintiffs allege in their complaint.
Northern Cheyenne Tribal President Gene Small called SB 490 “anti-democratic.”
“When you live miles and miles from the nearest polling place, and the roads are snowed in all morning, taking away eight hours of Election Day registration creates real life problems for everyday voters,” he said in a statement.
The lawsuit, originally filed in May by the Montana Federation of Public Employees, also challenges Senate Bill 276, also brought by Cuffe, which revises voter identification laws. The law requires a voter’s ID to be “current, valid and readable” and eliminates the ability for a voter who cannot provide an ID to provide other forms of identification to vote. Those forms could include a bank statement or utility bill.
While tribal plaintiffs did not address SB 276 in their complaint, the Montana Federation of Public Employees, the state’s largest union, called SB 276 and SB 490 “plainly unconstitutional,” saying they infringe on Montanans’ right to vote. The organization specifically alleged that SB 490 would cause confusion among voters and election workers, and that SB 276 “arbitrarily heightens the requirements for acceptable voter IDs” while eliminating “an important safety net for those who are unable to meet them.”
The Montana Federation of Public Employees filed the lawsuit in the Montana First Judicial District Court of Lewis and Clark County on May 12, just seven days after Gianforte signed the bills into law.
Tribes in Montana have for years successfully challenged election laws they say will harm Native voters.
In 2018, Montana voters approved a ballot measure, the Ballot Interference Prevention Act, which placed restrictions on ballot collection. Montana tribes and Native voting organizations in 2020 filed a lawsuit challenging the measure. Months later, a district court struck down the law.
“It’s racism to try and enact the same laws over again.”
Fort Belknap Indian Community President Jeffrey Stiffarm
In 2021, the state Legislature passed House Bill 176, which required voters to register no later than noon on the day before the election, and House Bill 530, prohibiting some people from distributing or collecting mail-in ballots from voters. The ACLU of Montana and Native American Rights Fund filed a lawsuit on behalf of several tribes and Native organizations, alleging the laws disenfranchised Native voters. And in March 2024, the Montana Supreme Court ruled the laws violated the state’s constitution.
“It’s racism to try and enact the same laws over again,” Fort Belknap Indian Community President Jeffrey Stiffarm said in a statement. “We will not let the state drag us backwards or silence our people.”
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