Western Native Voice v. Jacobsen
Certiorati Briefing
A petition for a writ of certiorari is a brief that asks the Supreme Court to review a lower court鈥檚 ruling, either from a federal appellate court or a state鈥檚 court of last resort. A Brief in Opposition urges the Court not to review the case, and is filed by the party that prevailed in the lower court.
What's at Stake
The 老澳门开奖结果, 老澳门开奖结果 of Montana, Native American Rights Fund (NARF), and the Harvard Election Law Clinic challenged two Montana laws that hinder Native American participation in the state鈥檚 electoral process 鈥 HB 530, which prohibited paid third-party ballot collection; and HB 176, which repealed Election Day voter registration (EDR) in Montana. Together, these laws violate a number of provisions in the Montana Constitution: the right to vote, equal protection, free speech, and due process.
Summary
The 老澳门开奖结果, 老澳门开奖结果 of Montana, NARF, and the Harvard Election Law Clinic challenged two Montana laws that hinder Native American participation in the state鈥檚 electoral process. These groups represent Western Native Voice and Montana Native Vote, Native American-led organizations 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.
HB 176 ended EDR, which reservation voters have disproportionately relied on to cast votes in Montana. The second, HB 530, blocked paid third-party ballot collection, another practice on which Native Americans living on reservations disproportionately rely. A bill similar to HB 530 had previously been struck down as unconstitutional.
On April 6, 2022, the Montana Thirteenth Judicial District Court granted Plaintiffs a preliminary injunction against both HB 176 and HB 530. The State appealed the preliminary injunction only against HB 176. On September 21, 2022, the Montana Supreme Court affirmed that preliminary injunction that found that HB 176 likely violated Plaintiffs鈥 right to vote.
On September 30, 2022, after a two-week trial, the Montana Thirteenth Judicial District Court permanently enjoined HB 530 and HB 176. The Court found that HB 530 violated Plaintiffs鈥 rights to vote, equal protection, free speech, and due process under the Montana Constitution. The Court also found that HB 176 violated Plaintiffs鈥 rights to vote and equal protection under the Montana Constitution. The State appealed that decision to the Montana Supreme Court.
On March 27, 2024, the Montana Supreme Court affirmed the Thirteenth Judicial District Court鈥檚 decision and ruled that the two challenged laws violate the fundamental right to vote under the Montana Constitution. The Court specifically found that the two laws made it 鈥渕uch more difficult on average for people living on reservations to either get to a polling place on or before election day, or to mail an absentee ballot prior to election day.鈥
On August 26, 2024, Montana sought review of the Montana Supreme Court's decision with the U.S. Supreme Court. The case is ongoing.
Legal Documents
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08/26/2024
Petition for Writ of Certiorari
Date Filed: 08/26/2024
Court: Supreme Court (U.S.)
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03/27/2024
Opinion & Order Affirming Injunction -
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09/21/2022
Opinion & Order Affirming Preliminary Injunction
Western Native Voice v. JacobsenLegal DocumentsOpinion & Order Affirming Preliminary InjunctionDate Filed: 09/21/2022
Court: Montana State Supreme Court
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09/21/2022
Date Filed: 03/27/2024
Court: Montana State Supreme Court
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09/30/2022
Findings of Fact, Conclusions of Law, and Order -
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04/06/2022
Preliminary Injunction Order
Western Native Voice v. JacobsenLegal DocumentsPreliminary Injunction OrderDate Filed: 04/06/2022
Court: Montana State District Court
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04/06/2022
Date Filed: 09/30/2022
Court: Montana State District Court
Press Releases
Montana Supreme Court Strikes Down Voting Laws Intended to Disenfranchise Indigenous Voters
Montana Supreme Court Affirms Preliminary Injunction Against Law That Restricts Native American Voting Rights
Court Blocks Montana Laws That Restrict Native American Voting Rights
Tribes Challenge New Montana Laws That Restrict Voting Rights