Lawsuit Filed Against Chouteau County Over Native Voting Rights

The Chippewa Cree Tribe and two Native American voters filed a lawsuit against Chouteau County, alleging that the county’s at-large election system dilutes the power of Native voters and violates the Voting Rights Act. The lawsuit seeks a redistricting plan with a majority-Native district.

The Chippewa Cree Tribe and two Native American voters have filed a lawsuit against Chouteau County, Montana, claiming the county’s election system weakens Native voter influence. The county commissioners are elected on an “at-large” basis, meaning all voters elect commissioners, regardless of their represented districts. Chouteau County, overlapping with the Rocky Boy’s Reservation, has a Native American population of about 16%, according to census data.

The plaintiffs argue that the at-large system violates the federal Voting Rights Act, denying Native Americans an equal opportunity to elect preferred candidates. This system, they claim, allows the white majority to control elections, preventing Native Americans near the Rocky Boy’s Reservation from having effective representation.

Chouteau County Commissioner Chair Clay Riehl has not commented on the lawsuit. According to the complaint, Montana law mandates at-large elections for commissioners unless otherwise ordered by a court. The lawsuit, filed in U.S. District Court in Great Falls, seeks a redistricting plan that would create a majority-Native voting district.

Tanya Schmockel, a Chouteau County voter and plaintiff, emphasized that without proper representation, Native Americans remain “invisible” in critical decision-making processes. Although tribes are sovereign, state and local decisions impact tribes as tribal citizens use county services such as law enforcement and school systems.

The lawsuit follows a historical pattern of challenging at-large voting systems in Montana. For example, in 1986, tribal plaintiffs successfully sued Big Horn County, leading to electoral district redrawing and the election of the first Native American commissioner. Recently, in June, a coalition of tribes opposed a new election law in Montana, arguing it would disenfranchise Native voters, particularly affecting rural and tribal communities due to changes in Election Day voter registration.


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