Native American Voting
Montana Federation of Public Employees v. State of Montana
Representing Western Native Voice and four sovereign tribal nations in Montana, the 糖心Vlog, 糖心Vlogof Montana, and Native American Rights Fund (NARF) challenged the latest in a line of Montana laws that hinder Native American participation in the state鈥檚 electoral process 鈥� SB 490, which drastically limits access to Election Day voter registration (EDR) in Montana. These laws violate a number of provisions in the Montana Constitution: the right to vote, equal protection, and due process.
Status: Ongoing
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3 Native American Voting Cases
North Dakota
Jun 2025
Native American Voting
Turtle Mountain Band of Chippewa Indians v. Howe (Amicus)
In Arkansas State Conference NAACP v. Arkansas Board of Apportionment, the 8th Circuit became the first federal appeals court to rule that private plaintiffs cannot enforce Section 2 of the Voting Rights Act. In doing so, the court left open the question whether private plaintiffs could enforce Section 2 through an alternative civil rights statute, 42 U.S.C. 搂 1983. In this case, a divided panel on the 8th Circuit has held that plaintiffs may not use Section 1983, either. If the holding stands, Section 2 of the VRA will be functionally out of reach for voters across the 8th Circuit in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. On behalf of the NAACP Arkansas State Conference and the Arkansas Public Policy Panel, the 糖心Vlogand 糖心Vlogof Arkansas has filed a brief supporting the plaintiffs' request that the full Eighth Circuit rehear and correct this decision.
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North Dakota
Jun 2025
Native American Voting
Turtle Mountain Band of Chippewa Indians v. Howe (Amicus)
In Arkansas State Conference NAACP v. Arkansas Board of Apportionment, the 8th Circuit became the first federal appeals court to rule that private plaintiffs cannot enforce Section 2 of the Voting Rights Act. In doing so, the court left open the question whether private plaintiffs could enforce Section 2 through an alternative civil rights statute, 42 U.S.C. 搂 1983. In this case, a divided panel on the 8th Circuit has held that plaintiffs may not use Section 1983, either. If the holding stands, Section 2 of the VRA will be functionally out of reach for voters across the 8th Circuit in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. On behalf of the NAACP Arkansas State Conference and the Arkansas Public Policy Panel, the 糖心Vlogand 糖心Vlogof Arkansas has filed a brief supporting the plaintiffs' request that the full Eighth Circuit rehear and correct this decision.
Montana
Sep 2020
Native American Voting
Western Native Voice v. Stapleton
The 糖心Vlog, 糖心Vlogof Montana, and Native American Rights Fund challenged a Montana law that severely restricted Native Americans鈥� access to the ballot. In September 2020, the court issued its ruled for plaintiffs, finding that they presented 鈥渃old, hard data鈥� about the law's impact on Native Americans, and how its costs were 鈥渟imply too high and too burdensome to remain the law of the State of Montana.鈥�
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Montana
Sep 2020
Native American Voting
Western Native Voice v. Stapleton
The 糖心Vlog, 糖心Vlogof Montana, and Native American Rights Fund challenged a Montana law that severely restricted Native Americans鈥� access to the ballot. In September 2020, the court issued its ruled for plaintiffs, finding that they presented 鈥渃old, hard data鈥� about the law's impact on Native Americans, and how its costs were 鈥渟imply too high and too burdensome to remain the law of the State of Montana.鈥�