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Early Voting on Indian Reservations

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 31, 2023

Wandering Medicine v. McCulloch (Richard F. Cebull and Donald W. Molloy, D. Mont. 1:12-cv-135)
Members of three American Indian tribes sought the establishment of satellite county clerk-and-recorder offices for voter registration and in-person absentee voting. The first judge assigned to the case denied relief for lack of discriminatory intent and because reservation residents had successfully elected candidates of their choice. After the first judge retired, a second judge determined that the plaintiffs had alleged plausible equal-protection and voting-rights claims. The case was resolved by stipulation.
Subject: Absentee and early voting. Topics: Poll locations; equal protection; section 2 discrimination; early voting; absentee ballots.

One of many Case Studies in Emergency Election Litigation.