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- By Native News Online Staff
GREAT FALLS, Mont. — A federal judge has approved a settlement requiring Chouteau County to redraw its county commission districts, a change that will allow citizens of the Chippewa Cree Tribe of the Rocky Boy’s Reservation to elect a representative of their choice for the first time in more than a decade.
The U.S. District Court for the District of Montana approved the settlement Monday in Chippewa Cree Indians of the Rocky Boy’s Reservation v. Chouteau County, Montana. The agreement resolves a lawsuit challenging the county’s at-large election system for the Board of County Commissioners, which plaintiffs said unlawfully diluted the voting strength of Native voters.
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The lawsuit, filed in August by the Chippewa Cree Tribe and two Native voters, alleged the at-large system denied Native voters representation on the county commission despite making up about one-third of the county’s voting-age population.
Under the settlement, the Rocky Boy’s Reservation will be placed within Chouteau County’s District 1, which will elect one commissioner through a single-member district.
“We’re pleased that the county did the right thing in giving the Chippewa Cree Tribe a chance to elect a representative to the Board of Commissioners,” said Chippewa Cree Chairman Harlan Gopher Baker. “It has been more than a decade since we have had a Native voice in county politics. We look forward to being a part of this conversation.”
Plaintiff and voter Tanya Schmockel, a citizen of the Chippewa Cree Tribe, said the case was about equal representation.
“This case was about our community finally having a representative and a voice like other voters in the county,” Schmockel said. “I am excited about finally having the chance to have our voices heard and our concerns addressed.”
Most of Chouteau County’s Native population lives on or near the Rocky Boy’s Reservation, where county and tribal governments often must coordinate on issues such as infrastructure, road maintenance and emergency services.
“In order for our county to include all of us, we needed a fair election system,” said plaintiff and voter Ken Morsette, also a citizen of the Chippewa Cree Tribe. “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.”
The plaintiffs were represented by the Native American Rights Fund, the American Civil Liberties Union Foundation Voting Rights Project, and the ACLU of Montana.
“This settlement and the district that it creates is a huge improvement for the entire county,” said Samantha Blencke, managing staff attorney with the Native American Rights Fund. “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.”
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