Filed Date: March 12, 2020
Closed Date: Oct. 15, 2020
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On March 12, 2020, Western Native Voice, Montana Native Vote, and multiple Native American tribes filed this lawsuit in the Thirteenth Judicial District Court of Montana seeking to invalidate the Montana Ballot Interference Prevention Act (BIPA). The plaintiffs, represented by the ACLU of Montana and the Native American Rights Fund, sued the Montana Secretary of State, Attorney General, and Commissioner of Political Practices. They sought attorneys' fees and declaratory and injunctive relief based on their right to vote, freedom of speech, freedom of association, and right to due process (both facially and as-applied) as provided by the Montana Constitution. Judge Jessica Fehr oversaw the proceedings.
The plaintiffs alleged that BIPA would inhibit Native Americans' ability to vote. The Assiniboine and Sioux Tribes of Fort Peck, Blackfeet Nation, the Confederated Salish and Kootenai Tribes, the Crow Tribe, and the Fort Belknap Indian Community are located in rural areas and many tribal members lack the means to travel to deliver their ballots. Furthermore, higher levels of poverty in the communities make it less likely that the tribal members can use mail-ballot drop-off locations at polling places without the benefit of assistance. These factors often cause tribal members to rely on collection services to cast their votes.
Western Native Voice and Montana Native Vote are two independent organizations that collect ballots from tribal members in remote regions. BIPA would limit organizers from collecting more than six ballots per person, and impose fines for violations. The two organizations allege that this limit inhibit their ability to collect ballots since they could not fund or train enough collectors to sufficiently reach the remote locations of the tribes. The plaintiffs further alleged that the lack of ballot collectors would lead to restricted ability to vote among the tribal members.
On May 20, the trial court issued a Temporary Restraining Order blocking BIPA after finding the defendants' arguments of timeliness unpersuasive. After the court issued the TRO, the defendants filed a Motion to Dismiss the Plaintiff's Motion for Preliminary Injunction, arguing that it was too similar to Driscoll v. Stapleton. The Court denied the motion, finding that the parties in each case were separate and distinct. More information about Driscoll can be found here.
The Court followed its TRO order by issuing a Preliminary Injunction on July 7. The Court found that, based on expert affidavits, BIPA would "significantly suppress voter turnout by disproportionately harming rural communities, especially Native Americans in rural tribal communities." Because the law infringed upon the Plaintiffs' fundamental right right to vote, the Plaintiffs demonstrated irreparable harm and therefore the Court granted the Preliminary Injunction.
The court held a two-day non-jury trial starting on September 8, 2020. In an opinion written by Judge Jessica Feher, the court applied strict scrutiny to evaluate BIPA in accordance with established Montana constitutional interpretation in voting rights cases. The court concluded that BIPA "arbitrarily and disparately infring[es] on the right of Native Americans in the state to vote." The court found that BIPA violated the Plaintiffs' rights to vote, free speech, and due process, and therefore permanently enjoined the statute.
The defendants appealed the decision, but shortly after the Montana Supreme Court issued its opinion in Driscoll v. Stapleton, voluntarily moved to dismiss it. The Montana Supreme Court granted the motion on October 15, 2020. The case is now closed.
Summary Authors
Justin Hill (12/18/2020)
Fehr, Jessica T. (Montana)
Alvernaz, Lillian (Montana)
De Leon, Jacqueline (Colorado)
Ho, Dale E. (New York)
Landreth, Natalie (Alaska)
Fehr, Jessica T. (Montana)
Last updated Aug. 30, 2023, 1:46 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Montana
Case Type(s):
Key Dates
Filing Date: March 12, 2020
Closing Date: Oct. 15, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Voting Rights Organizations and Native Americans Tribes
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Montana Secretary of State, State
Montana Attorney General, State
Montana Commissioner of Political Practices, State
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Procedural Due Process
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Issues
Voting:
Voting: Physical/Effective Access
Race: