16. Montana courts have found that
"[h]aving once granted the right to vote on equal terms,
the State may not, by later arbitrary and disparate treatrnent, value one person's vote
over that of another."
17. However,
BigSpring,I18.
BIPA does just that by arbitrarily and disparately infringing on the right of
Native Americans in the state to vote.
18.
BIPA disproportionately harms rural communities, especially individual Native
Americans in rural tribal communities across the seven Indian reservations located in
Montana, by limiting their access to the vote by mail process.
19. White the
majority of Montanans can easily access the vote by mail process by either
mailing in their ballots or dropping their ballots off at election offices, Native
Americans living on reservations rely heavily on ballot collection efforts in order to
vote in elections.
20. They rely on these efforts because of difficulty sending and receiving traditional mail
due to lack oftraditional mailing addresses, inegular mail services, and the geographic
isolation and poverty that makes travel difficult.
21. Without ballot collection efforts, especially by Organizational Plaintiffs' paid ballot
collectors, extended family members, and community members, many Native
Americans will be unable to cast their vote.
C. BIPA violates Organizational Plaintiffs', Plaintiff CSKT's, and Plaintiff Fort
Belknap's fundamental right to freedom of speech.
22, BIP A violates Organizational Plaintiffs' and Plaintiff CSKT's fundamental right to
freedom of speech.
48