Fort Peck Tribal Members Suing Valley and Roosevelt County To Establish Satellite Voting

Fort Peck Tribal members Sariah Red Eagle, Terry Thompson, Joseph Dolezilek, Angie Toce, Delane Blount and Brandi Long-White (plaintiffs) are suing Mary Armstrong, Paul Tweten and John Fahlgren, in their official capacity as Valley County Commissioners; Marie Pippin, in her official capacity as Valley County Clerk and Recorder; as well as Roosevelt County Commissioners, Roosevelt County Clerk and Recorder and Christi Jacobsen, in her official capacity as Montana Secretary of State.

In the lawsuit, filed in Valley County on Sept. 30, the plaintiffs are seeking satellite voting locations, arguing that Indigenous voters have poor access to the polls for election day, Nov. 5.

Court documents state the plaintiffs are committed to removing all barriers of discrimination in the democratic process and are challenging the refusal to establish a satellite county clerk and recorder office (satellite office) on the Fort Peck Indian Reservation in Frazer and Poplar, for in-person late registration and in-person absentee voting.

The argument is that the refusal to establish satellite offices in these two locations has a significant disparate impact on Native American voting power, denial of their voting rights and is an effort to dilute voting strength. The argument also states, if left in effect, the failure to establish satellite offices at these locations on the Fort Peck Indian Reservation will make it harder, if not impossible, for the Plaintiffs and other tribal members to exercise their right to vote and elect candidates of their choice for federal, state and county offices.

The complaint also alleges that be failing to establish satellite offices, the Constitution of the State of Montana have been violated as it’s depriving Tribal members of their right to vote. Those who want to register to vote or cast a ballot in person must travel 56 miles round trip, or 70 miles round trip from Oswego, to the only satellite office established in Valley County. While tribal members in Roosevelt County would have to travel up to 90 miles round trip from Fort Kipp to Wolf Point.

Though the Valley County Clerk and Recorder’s office is open year-round in Glasgow, it is 30.6 miles, one way from Frazer. As a result of the location, which is argued to be a systematic barrier to voting in court documents, the Plaintiffs are seeking declaratory and injunctive relief, both temporary and permanent, in compelling the establishment of a satellite office which would be open the same hours for in-person voter registration and would also be open the same hours for late registration and in-person absentee ballot voting as the Valley County Courthouse on through Nov. 4. The same is being asked of in Roosevelt County in order to allow those living in Poplar to have more accessibility in voting.

Court documents describe that on Jan. 31, 2024, Chairman of the Fort Peck Tribes Justin Gray Hawk, Sr., notified the Valley County Clerk of Court Recorder’s Office, that the Tribes identified a potential satellite office in Frazer. On the same day the Tribes notified the Secretary of State and the Valley County Commissioners that the location was identified.

In response to the Tribe’s request, Pippin notified the Tribes on Sept. 11, 2024, that her office could not provide more than one day in Frazer, because Valley County only contains a small part of the Reservation and her office is operated by herself and two part-time employees.

On Sept. 16, 2024, the plaintiffs submitted letters to both Valley and Roosevelt counties requesting the establishment of satellite offices in Frazer and at the Tribal headquarters in Poplar. For the Valley County location, Pippin responded four days later that she could only open a satellite office in Frazer, for only 4.5 hours of late registration and in-person absentee balloting at a satellite location in Frazer for the 2024 election cycle.

When the plaintiffs’ designee, Bret Healy met in person with Pippin on Sept. 20, 2024, it was indicated that Valley County did not comply with Montana Secretary of State Election Directive involving conducting “an analysis under the Voting Rights Act to determine whether a satellite office wold be appropriate or required to protect the voting rights of Tribal members” - an analysis that required consultation with the Fort Peck Tribes. There was also no budget request made to the Valley County Board of Commissioners to hire additional temporary staff for a satellite office for the 2024 general election.

As a result of these decisions, it was stated it has created a burden on the voting rights of the Tribal members residing on the Fort Peck Indian Reservation, who are also far less likely to have reliable accessible transportation to the nearest office. It was also stated that the result is a startling imbalance that specifically harms those who live and work on the Reservation. Therefore, the plaintiffs seek a preliminary injunction requiring the opening of satellite offices in Frazer and Poplar to provide Tribal members with equal access to the political process. If not granted, members of the Tribes will have less opportunity to participate in the upcoming general election than other members, which is in violation of the Constitution of the State of Montana.

The court hearing to consider the request for satellite voting on the Fort Peck Reservation was scheduled for Oct. 7, at the Valley County Courthouse, however a continuance was issued and is now scheduled for Thursday, Oct. 18, 1 p.m.