This story was originally published by the Daily Montanan.
Keila Szpaller
Daily Montanan
The Chippewa Cree Indians of the Rocky Boy’s Reservation will have the chance to elect a representative of their choice to the Chouteau County Board of Commissioners following a settlement in a Voting Rights Act lawsuit.
In the lawsuit, the tribe and two Native American voters alleged Chouteau County’s at-large voting system unlawfully diluted the voting strength of Native voters and denied them representation on the county commission for more than a decade.
A settlement approved this week by the U.S. District Court of Montana ensures the tribal nation’s reservation will be part of the county’s District 1, which will elect a representative to the Board of County Commissioners through a single-member district election, the ACLU of Montana said in a news release.
In a statement from the ACLU, Chippewa Cree Tribe Chairman Harlan Gopher Baker praised Chouteau County for doing the right thing in giving the tribe a chance to elect a representative to the board.
“It has been more than a decade since we have had a Native voice in county politics,” Gopher Baker said. “We look forward to being a part of this conversation.”
Plaintiff and voter Tanya Schmockel, of the Chippewa Cree Tribe, said the outcome means tribal voters will be heard.
“This case was about our community finally having a representative and a voice like other voters in the county,” Schmockel said in a statement. “I am excited about finally having the chance to have our voices heard and our concerns addressed.”
The complaint had said Montana law requires at-large elections unless a court orders otherwise, and the county met the conditions for vote dilution under the Voting Rights Act.
It had a minority group sufficiently large and geographically compact to constitute a majority in a single-member district; a minority group that was politically cohesive; and a majority vote that usually defeated the minority’s preferred candidate, the lawsuit said.
The county overlaps with roughly one third of the reservation, the lawsuit said.
It said in the county, 25.8 percent of the population is Native American (“alone or in combination”), as is 20.71 percent of the voting-age population, but the plaintiffs didn’t know of any Native American elected to the board for at least a decade.
A proposed consent decree said the first election to be held under the order will be in June 2026. It said the defendants will “timely publicize” the new method of election in public buildings and local media and send publication to the tribe for distribution on the reservation.
“Only eligible voters residing in Commissioner single-member District 1 will be allowed to vote for Board of County Commissioner candidates running in that district,” the decree said.
(The decree also said the other two members will be elected either at large or via two single-member districts.)
The lawsuit said the tribe had raised the issue with Chouteau County earlier, but the county did not respond to follow-up communications from the tribe after a meeting.
The lawsuit also said Chouteau County generally did not consult with the tribe on any policy matters.
Wednesday, Chouteau County Attorney Stephen Gannon said a statement about the settlement would be forthcoming from the county.
However, Gannon also said Chouteau County officials fully intend to maintain open and proactive communication with the tribe going forward.
“The county is willing to work with the tribe and have open communication — as open as possible,” Gannon said.
As an example of working together in the past, he said, officials from the tribe, Chouteau County, and neighboring Hill County have cooperated to help ensure reservation residents register to vote with the right county since both counties overlap the reservation.
The news release from the ACLU said cooperation is important.
“Most of Chouteau County’s Native population lives on or near the Rocky Boy’s Reservation, and many critical local issues — such as infrastructure, road maintenance, and emergency services — require coordination between the county and Tribal governments,” the news release said.
To deal with those issues fairly, elections need to be just, said plaintiff and voter Ken Morsette of the Chippewa Cree Tribe.
“In order for our county to include all of us, we needed a fair election system,” Morsette said in a statement. “With the new district, we have a chance for our voters to elect a commissioner who understands Native issues. This is a huge step forward for our Tribe.”
In addition to the ACLU of Montana, the Native American Rights Fund and American Civil Liberties Union Foundation Voting Rights Project represent the plaintiffs in this case.
Statements from legal groups
“This settlement and the district that it creates is a huge improvement for the entire county,” said NARF staff attorney Samantha Blencke. “Having a representative board allows the county commissioners to better address the concerns of all their constituents. We congratulate the county for doing the right thing and the Native voters and Chippewa Cree Tribe who insisted that they, rightfully, have a seat at the table.”
“With this settlement, Native voters of the Rocky Boy’s Reservation finally have a fair opportunity to elect a representative to the Chouteau County’s Board of Commissioners,” said Akilah Deernose, executive director of the ACLU of Montana. “Indigenous voters in Montanan should not need to go to court to secure the same rights and privileges as non-Native voters. Until then, the ACLU of Montana will continue to fight for every Montanan’s constitutional and statutory rights.”
“For too long, Native voters in Chouteau County were shut out of meaningful representation,” said Theresa Lee, senior staff attorney with the ACLU Voting Rights Project. “County commissioners shape policies that affect daily life, including budget decision-making, supervising public service departments, and so much more. This agreement acknowledges what our clients have always known: every voter deserves an equal opportunity to shape the government that serves them.”