ACLU Wants to Join Challenge to Montana Anti-Voting Law, Citing Harm to Native Voters

The American Civil Liberties Union of Montana filed a motion Tuesday to intervene in a lawsuit challenging a state law that slashes same-day voter registration hours and threatens to disenfranchise Indigenous voters across the state.
The ACLU’s move comes in support of Native American tribes and organizations, who argue that the law, which cuts off Election Day registration at noon instead of 8 p.m., is a direct attack on their voting access and constitutional rights.
“Native voters on Montana’s Indian reservations often live significant distances from the nearest election office, and lack access to transportation and reliable mail service,” the motion states. “They are particularly likely to make use of EDR [Election Day Registration] after noon on Election Day.”
SB 490 was passed despite a recent Montana Supreme Court decision that declared earlier attempts to eliminate Election Day registration unconstitutional.
“This is the third time in six years Western Native Voice and several 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,” the brief states.
Voting advocates say these laws unfairly target Native communities, where voters often face long travel times, poor mail service and fewer voting resources overall.
The lawsuit was initially filed by the Montana Federation of Public Employees, who argue the law, SB 490, and another measure, SB 276, violate the state constitution.
SB 276 eliminates a failsafe form that previously allowed voters without photo ID to cast ballots, a change plaintiffs say will disproportionately impact low-income and rural voters.
The court has yet to rule on the ACLU’s motion to intervene in the challenge to SB 490. But if granted, their involvement could bring critical attention and legal firepower to what advocates say is a targeted rollback of voting rights in Indian Country.