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Montana politics, elections and legislative news

Plaintiffs claim Chouteau County commission elections dilute Native votes

Two Native American voters in the Chippewa Cree Tribe are suing Chouteau County for minimizing the impact of Native voters' voices in local elections. They say at-large elections prevent Native Americans in the county from getting a fair say in who represents them. Montana Free Press' Nora Mabie is following the lawsuit. She spoke with MTPR's Elinor Smith.

Elinor Smith Nora, thank you so much for being here today. So to start off, can you walk me through who the plaintiffs are and why they're suing Chouteau County?

Nora Mabie Yes. So the Chippewa Cree Tribe, like you said, and two Native American voters are suing Chouteau County and its board of commissioners. And the plaintiffs allege that the county's election system dilutes the power of the native vote.

So to back up a bit, Chouteau County overlaps with part of the Rocky Boy's Reservation in north-central Montana. And right now Chouteau County commissioners are elected on what's called an at-large basis. So essentially that means that and everybody in the county votes for each county commissioner, regardless of what district they represent.

And the plaintiffs in this case say that Native voters are a concentrated voting block, but the way the current system runs, they say that favors the white majority. They're alleging that the at-large voting system violates the Voting Rights Act, which prohibits discrimination in voting.

Elinor Smith So, how do the plaintiffs argue elections in the county should change to better them?

Nora Mabie So the plaintiffs are asking a judge to implement a redistricting plan that would include at least one majority Native American voting district. It's too early to see what that process might look like, so we'll have to wait for this to play out in court first.

Elinor Smith And this isn't the first time a Native American tribe in the state has sued a county for fair representation. What happened in Big Horn County in the '80s?

Nora Mabie Yeah, so in 1986, several tribal plaintiffs sued Big Horn County in southeast Montana, and they were challenging the at-large school board and county commission elections for much of the same reasons that we just talked about. And that case actually resulted in a redrawing of district lines. And in the following election, Big Horn county voters elected the first Native American to the commission. So you really saw an impact right after that.

Elinor Smith So, where does the lawsuit stand right now?

Nora Mabie Yeah, so this lawsuit was filed in U.S. District Court in Great Falls. It was filed earlier this month, and the next Chouteau County Commission election is in 2026. So I'm not sure if this will be resolved by then, because things tend to take a while to play out in court. So I'll be watching to see how it goes, and I'll be sure to keep covering it.

Elinor Smith Nora, if Montanans want to follow your work and learn more about this lawsuit as it moves forward, where can they find more of your reporting?

Nora Mabie Yeah, so I report for the Montana Free Press. So at montanafreepress.org, and people can follow me on Facebook too at Nora Mabie.

Elinor Smith Well, thank you so much for being here today, Nora. I appreciate it.

Elinor is a reporter, social media content creator and host of All Things Considered on Montana Public Radio. She can be reached by email at elinor.smith@umontana.edu.
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