Montana Federation of Public Employees v. Montana

The American Civil Liberties Union, ACLU of Montana, and NARF challenged the latest in a line of Montana laws that hinder Native American participation in the state’s electoral process. These groups represent Western Native Voice, a Native American-led organization focused on getting out the vote and increasing civic participation in the Native American community; and the Blackfeet Nation, Confederated Salish and Kootenai Tribes of the Flathead Reservation, Fort Belknap Indian Community, and Northern Cheyenne Tribe.

SB 490 drastically limits the availability of EDR, which Native American voters on reservations have disproportionately relied upon in Montana. It cuts the majority of hours during which EDR is available, including those hours in which Native American voters in Montana made use of it.

On June 24, 2025, we filed a motion for intervention in Montana Federation of Public Employees v. State of Montana, an earlier filed case in the Montana First Judicial District Court, that challenges SB 490 as well as another law likely to limit voters’ access to the franchise. The court granted intervention in August 2025.

On January 22, 2026, we filed a motion to preliminarily enjoin the state from implementing SB 490 ahead of the upcoming June 2026 elections. The First Judicial District Court of Lewis and Clark County granted our motion for a preliminary injunction on May 8, 2026, holding SB 490 likely violates the fundamental right to vote under the Montana Constitution. The state is now accordingly enjoined from enacting and enforcing SB 490.