(Helena, Mont.) -- Today, the ACLU of Montana, the American Civil Liberties Union, and the Native American Rights Fund (NARF) filed a Motion to Intervene in a case brought initially by the Montana Federation of Public Employees, challenging a new Montana law that restricts Native American participation in the state’s electoral process.
The new law, Senate Bill 490 (SB 490), passed in the 2025 Montana Legislative session, restricts voter registration by eliminating eight critical hours of registration opportunity on Election Day. SB 490 harms Native Americans in rural tribal communities across Montana’s seven Indian reservations by restricting access to the voter registration process. In doing so, SB 490 violates the right to vote and the guarantee of equal protection under the Montana Constitution.
This is the third time in six years that Western Native Voice and some of Montana’s sovereign tribal nations have been forced to seek redress from the courts for the Legislature’s continued insistence on making it more difficult for Native Americans in Montana to vote. Plaintiffs include Western Native Voice, Confederated Salish and Kootenai Tribes of the Flathead Reservation, the Blackfeet Nation, the Fort Belknap Indian Community, and the Northern Cheyenne Tribe.
Barely a year after the Montana Supreme Court ruled that similar laws restricting Election Day registration unconstitutionally burdened Native Americans’ right to vote, and despite legal analysis indicating that the proposed legislation likely violated the Montana Constitution, the Legislature nevertheless enacted this latest law disenfranchising Native American voters.
More than 70,000 people, including many Indigenous Montanans, rely on Election Day registration to cast their votes in the state. When that access is restricted, there is little recourse or a fair opportunity to participate in Montana’s democratic process.
Taking away eight critical hours of Election Day registration creates impossible odds for many to reach the ballot box. Election day registration expands the ability to vote— especially in the face of limited mail access, transportation barriers, and the long distances many must travel to reach their county seats.
Senate Bill 490 effectively eliminates meaningful access to Election Day registration by cutting a full eight hours from the process, essentially making it unavailable for the majority of Election Day. This change disproportionately impacts Indigenous people in rural tribal communities, who not only rely heavily on Election Day registration, but also overwhelmingly register to vote after noon— precisely the window SB 490 cuts out.
“Centuries of discrimination have led to significant socioeconomic disparities for Native communities, resulting in additional barriers to voting,” said Ronnie Jo Horse, executive director of Western Native Voice. “These conditions, combined with the added burdens imposed by Senate Bill 490, mean that restrictions on Election Day registration disproportionately impact Native American voters in Montana. Ultimately, Senate Bill 490 unconstitutionally prevents Native Americans living on reservations from achieving full and equal participation in the electoral process.”
“We are not asking for special treatment—we’re demanding equal treatment. 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. It’s anti-democratic,” explained Northern Cheyenne President Gene Small.
“Each time we’ve stood up in court for our right to vote, we do so not for ourselves, but for the generations who came before us and those who will come after,” said Fort Belknap President Jeffrey Stiffarm. “Our ancestors fought for recognition, sovereignty, and dignity. It’s racism to try and enact the same laws over again. We will not let the state drag us backwards or silence our people. Not now. Not ever.”
"All this law does is severely cut access to the voting booth, particularly for Native American voters,” said Theresa Lee, senior staff attorney at the ACLU Voting Rights Project. “Election Day registration is critical, particularly for people who live on reservations and must travel far to register and cast their vote. Last year’s decision by the Montana Supreme Court already put the Montana Legislature on notice that laws that burden the rights of Montana voters violate the state’s Constitution. Montana's elected officials should be making it easier for eligible voters to make their voices heard — not inconveniencing them further. We'll see them in court."
“Court after court have already ruled against this kind of suppression,” said NARF Senior Staff Attorney Jacqueline De Leon. “SB 490 ignores judicial precedent, ignores Indigenous reality, and ignores the Constitution. We will not be ignored.”
About ACLU of Montana: The ACLU is our nation's premier civil rights and civil liberties organization. We are the unwavering voice of freedom, fairness, and equality for all people in America. We have been at the forefront of virtually every major battle for liberty and justice in the country for a century. We work in the courts, the legislatures, and communities across the nation to protect and extend basic rights for everyone. Since 1972, the ACLU of Montana, an affiliate of the ACLU, has worked in the courts, the Montana legislature, and communities across the state to protect and expand civil rights.
About the Native American Rights Fund (NARF): Since 1970, the Native American Rights Fund (NARF) has provided legal assistance to Native American Tribes, organizations, and individuals nationwide who might otherwise have gone without adequate representation. NARF has successfully asserted and defended the most important rights of Indians and Tribes in hundreds of major cases and has achieved significant results in such critical areas as Tribal sovereignty, treaty rights, natural resource protection, voting rights, and Indian education.
About the ACLU: For more than 100 years, the ACLU has worked in courts, legislatures, and communities to protect the constitutional rights of all people. With a nationwide network of offices and millions of members and supporters, the ACLU takes on the toughest civil liberties fights in pursuit of liberty and justice for all.
