Native American Tribe Sues Chouteau County Over Election System

FORT BENTON, MT — The Chippewa Cree Indians of the Rocky Boy’s Reservation filed a federal lawsuit August 14 challenging Chouteau County’s at-large election system for county commissioners, claiming it violates federal voting rights law.

The complaint, filed in U.S. District Court, argues the current system prevents Native American voters from electing commissioners despite comprising approximately one-third of the county’s voting-age population. The lawsuit seeks to force the county to adopt single-member districts instead of the current at-large system where all voters county-wide elect all three commissioners.

Under Montana state law, county commissioners must be elected at-large unless a court orders otherwise. The plaintiffs claim this system “unlawfully dilutes” Native American voting power and violates Section 2 of the Voting Rights Act.

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

The lawsuit includes the tribe and two individual voters as plaintiffs. Named as defendants are Chouteau County, the county commission board, the three current commissioners, and the county clerk who administers elections.

According to the complaint, Native American voters have been unable to elect a candidate of their choice to the county commission since at least 2010. All three current commissioners have served under the at-large system during this period.

The plaintiffs propose creating three single-member districts, including one with a Native American voting majority. According to 2020 Census data cited in the lawsuit, Chouteau County has a total population of 5,895, with Native Americans comprising 25.8% of the total population and 20.7% of the voting-age population.

The complaint details voting patterns from recent elections, claiming Native American voters consistently support different candidates than white voters. For example, in the 2024 governor’s race, the lawsuit states approximately 87% of Native American ballots supported Democrat Ryan Busse compared to 23.2% of white voters.

County officials have not yet responded to the lawsuit. The tribe says it contacted the county commission in November 2023 proposing to work cooperatively on a solution but received no response.

The legal challenge represents the latest in a series of voting rights disputes involving Native American communities in Montana. Similar lawsuits in Big Horn, Roosevelt, and Blaine counties have previously resulted in court orders requiring single-member districts.

The case is being litigated by the Native American Rights Fund and the American Civil Liberties Union, organizations that have challenged election systems across the country. The complaint seeks a permanent injunction requiring the county to implement single-member districts and covers legal fees.

Chouteau County encompasses part of the Rocky Boy’s Reservation in its northeastern corner, where most of the county’s Native American population lives.

The next county commission election is scheduled for 2026.