Lawsuit: Chouteau County, Montana Must Update Election System so Native Votes Count

Affiliate: 51Ʒ of Montana
August 14, 2025 8:05 pm

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GREAT FALLS, Mont. – On August 14, 2025, the Chippewa Cree Indians of the Rocky Boy’s Reservation and two Native voters filed a lawsuit in the U.S. District Court for the District of Montana challenging Chouteau County’s 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 — who now make up approximately one-third of the county’s voting-age population — 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.

“We’re filing this lawsuit because Choteau County continues to hold elections in which the Native votes don’t count,” said Chippewa Cree Tribe Chairman Harlan Gopher. “The 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.”

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 Despite population changes and the growth of the Native electorate, the county chose to maintain outdated boundaries and refused to consider district-based voting that would provide Native voters a fair opportunity to elect a representative.

“Fair representation isn’t just about numbers on a map — it’s 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,” said plaintiff and voter Tanya Schmockel, a citizen of the Chippewa Cree Tribe.

Most of Chouteau County’s Native population lives near or on the Rocky Boy’s Reservation, and many critical local issues — such as infrastructure, road maintenance, and emergency services — require coordination between county and Tribal governments.

“We 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’re stuck under their thumb,” said plaintiff and voter Ken Morsette, a citizen of the Chippewa Cree Tribe.

Native American Rights Fund (NARF), 51Ʒ Foundation Voting Rights Project (51Ʒ), and 51Ʒ of Montana (51Ʒ-MT), represent the plaintiffs in this case.

“Montana's history of excluding Native people from political representation is not just a matter of the distant past — it continues today in the form of systemic voter suppression,” said Theresa Lee, senior staff attorney with the 51Ʒ Voting Rights Project. “From the lack of polling locations on reservations, to long travel distances for ballot drop boxes, to at-large voting — these barriers are unacceptable. Native voters in Montana deserve the representation they have been denied for generations.”

“Since 2010, Native voters in Chouteau County have been trapped in a system where their votes make no difference,” said NARF Staff Attorney Samantha Blencke. “That’s not just wrong — it’s illegal. Our democracy is supposed to guarantee fair representation to all communities.”

“Montana has a long and unfortunate history of disenfranchising Indigenous voters,” said Akilah Deernose, Executive Director of the 51Ʒ of Montana. “Once again we are forced to rely on the Courts to ensure that Indigenous voters enjoy the same rights and privileges as non-Native voters.”

A copy of the complaint can be found here:

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