And now:Ish <[EMAIL PROTECTED]> writes:

From: [EMAIL PROTECTED]
Message-ID: <[EMAIL PROTECTED]>
Date: Tue, 13 Jul 1999 18:33:13 EDT

IN THE ACLU NEWSROOM

http://www.aclu.org/news/pressind.html

ACLU and Indian Rights Group Seek to Secure Voting Rights for Montana's
Native Americans

Wednesday, Jully 7, 1999

MISSOULA, MT -- In two lawsuits filed here today in U.S. District Court,
Indian tribal members said that county election practices dilute their
voting strength, in violation of the federal Voting Rights Act and the
United States Constitution.

The lawsuits, filed by the American Civil Liberties Union's Voting Rights
Project, the ACLU of Montana and the Indian Law Resource Center
<http://www.indianlaw.org/> on behalf of 11 individuals, ask the court to
create single-member districts that would give Indians the same opportunity
non-Indians now have to elect candidates of their choice.

At issue is the at-large method of electing the Board of Commissioners in
Rosebud County and the Board of Trustees of Ronan-Pablo School District 30
in Lake County.

According to an analysis conducted by state and ACLU experts in a previous
voting rights case in Montana, state election returns show that in contests
with Indian and non-Indian candidates, Indian candidates usually get a
majority of Indian votes, while non-Indian candidates usually get a
majority of non-Indian votes.

But even though both Rosebud and Lake counties include substantial voting
blocs of Indians, the ACLU said, their votes are diluted by the white majority.

"In a majority white district, it doesn't matter how many Indian voters
turn out -- the white candicate is going to win 99 percent of the time,"
said McLaughlin McDonald, Director of the ACLU's Voting Rights Project.
"The at-large election practice is illegal because it prevents Indians from
participating equally in the political process."

Charlene Alden, one of the plaintiffs and a member of the Northern Cheyenne
Tribe, said that the at-large election practice has discouraged Indians
from running countywide.

"They know they won't get enough support from non-Indian voters," she said.

In contrast, state elections are conducted through single-member districts,
which include majority-Indian districts.  Indians have frequently run in
local house and senate districts in Rosebud County.  Indians have also run
and been elected to office in majority Indian school board districts in the
county.

The lawsuits filed today are similar to an ACLU suit filed several years
ago in Windy Boy v. County of Big Horn, which resulted in a single-member
district plan for the county commission.  After the new plan was
implemented, Indians were elected to the commission for the first time.

In Lake County, a majority of the students attending the Ronan-Pablo School
District 30 are Indians, but the district is two-thirds white.  Since the
early 1970s, Indians have run for school trustee 17 times; only one Indian
has ever been elected.  In that instance, Ron Bick won a seat on the school
board in 1990, at about the same time he became a tribal member.  But he
was defeated three years later when he ran for re-election.

Jeannine Padilla, another plaintiff and tribal member, has also run for the
school board.  She attended the Salish-Kootenai College and works for the
tribe as a contract specialist.  She has children in the public schools and
has been active in the Indian Education Parent Committee.  But while
running for the school board, she encountered negative racial attitudes
firsthand.

"One white lady said 'we have to get everybody out to vote because there's
another Indian running,'" Padilla said.  "I didn't realize that people
could be so shallow."

Clayton Matt, a member of the Confederated Salish and Kootenai Tribes, has
run for the school board three times.  Matt is the manager of the tribe's
water administration program and holds a masters degree from the University
of Arizona.  His children attend publcs schools and he believes that "there
should be an Indian presence on the school board."

"Historically, Native American residents of Montana have been subject to
private as well as official discrimination on the basis of race, tribal,
and language minority status," said Tim Coulter, Executive Director of the
Indian Law Resource Center.  "One way to counter discrimination is to
ensure that Native Americans are able to participate equally with others in
the political process."

Since the 1970's, a number of so-called "white rights" groups have
proliferated in Montana, including Montanans Opposed to Discrimination
(MOD), Citizens Rights Organization (CRO), and Citizens Equal Rights
Alliance (CERA).

These groups have been particularly active in Lake County, where
non-Indians own almost half of the land on the reservation, and have argued
that the state should exercise exclusive jurisdiction over non-Indians and
non-Indian land.  They have also called for termination of the reservations.

Last year, U.S. Senator Conrad Burns, R-MT, proposed a bill calling for the
assumption of expanded civil jurisdiction by the state over Indian
reservations -- a move that further polarized the Indian and non-Indian
communities in Montana.  Indians viewed the proposal as another attack on
tribal sovereignty and turned out in large numbers in public hearings in
Billings and Kalispell to voice their opposition to the bill.  Burns later
withdrew the measure.

The two cases are Matt v. Ronan School District 30, Lake County, Montana
and Alden v. Board of County Commissioners of Rosebud County, Montana.

The plaintiffs in Matt v. Ronan School District 30 are Clayton Matt and
Jeannine Padilla, both of the Confederated Salish and Kootenai Tribes.  The
plaintiffs Alden v. Board of County Commissioners of Rosebud County are
Charlene Alden, Fred Belly Mule, Holda Roundstone, Danny Sioux, Wilbur
Spang, James Walks Along, Phillip Whiteman, Jr., Florence Whiteman, all
members of the Northern Cheyenne Tribe and Lynette Two Bulls, who is Sioux.
 They are represented by attorneys for the American Civil Liberties Union
and the Indian Law Resource Center.

The ACLU's complaints are available online:

     http://www.aclu.org/court/gibson_complaint.html
     http://www.aclu.org/court/alden_complaint.html

-
Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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