Judge Denies Preliminary Injunction In Voting Case
District Judge Yvonne Laird denied the request for a preliminary injunction on Thursday, Oct. 24, in the case regarding satellite offices for Native Americans voting in Roosevelt and Valley counties.
The lawsuit noted that if a temporary restraining order wasn’t granted, the defendants’ refusal to establish satellite offices in Poplar and Frazer would cause irreparable harm to tribal members by preventing equal access to the ballot.
Laird ruled that she found no showing of harm to the four named plaintiffs. The plaintiffs from Roosevelt County are Sariah Red Eagle and Joseph Dolezilek. Plaintiffs from Valley County are Angie Toce and Delane Blount. Two other plaintiffs have withdraw from the case.
Attorneys representing Roosevelt County, Valley County and the Secretary of State office explained during the show cause hearing that the preliminary injunction should be thrown out due to lack of standing and that the plaintiffs haven’t displayed harm.
Roosevelt County Attorney Theresa Diekhans said the two Roosevelt County plaintiffs were at the satellite office in Poplar last week but didn’t vote.
“They have failed to establish any harm to themselves,” Diekhans said.
Valley County Attorney Dylan Jensen added that the two Valley County plaintiffs also haven’t voted yet in this election.
Attorney Michael Noonan, representing the Montana Secretary of State office, said the plaintiffs haven’t plead third party status and they can’t litigate everybody else’s rights for the Fort Peck Tribes.
Gene Jarussi, attorney for the plaintiffs, argued that no law says any individual has to vote on any particular day. “The fact that they didn’t exercise it, doesn’t mean they shouldn’t have the right to do so,” he said.
After Laird asked if Jarussi was going to have plaintiffs testify regarding the harm they suffered, he said that to his knowledge none of the plaintiffs were in the courtroom.
Diekhans noted there are six voting places located in Roosevelt County. She said that 278 individuals voted at the satellite office in Poplar on Oct. 21-23, and that the majority were already registered voters.
Jensen said that he has talked with a Tribal Executive Board member about a satellite voting office in Frazer. The plan is to have the office open at the community hall on Wednesday, Oct. 30. Officials agreed to be open an extra half hour.
The lawsuit claims that the defendants have violated the constitution of the State of Montana by depriving tribal members of their free exercise of the right of suffrage. The lawsuit mentions that tribal members in Roosevelt County travel up to 90 miles round trip from Fort Kipp to Wolf Point to exercise their rights to equal access.
“The result of the counties’ failure to establish satellite offices as the designated locations on the Fort Peck Indian Reservation constitute and unjustifiable burden on the voting rights of tribal members,” the lawsuit claims.
A status conference was scheduled for Nov. 18 at 3 p.m.
