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OCTOBER 30, 2000

The Ninth Circuit Court of Appeals on Friday largely upheld an Indian voting rights discrimination case in Montana, but has ruled that a 1992 redistricting plan was incorrectly implemented.

In 1992, districts in the state were redrawn, due to the 1990 Census. At the time, American Indians comprised about 6 percent of the population and 4.8 percent of the voting population.

But the Census revealed that American Indians were a majority in four state House districts and one state Senate district. The Districting and Apportionment Commission eventually increased the number of majority Indian-House districts from four to five.

The commission didn't change the Senate district. Several members of the Blackfeet and Flathead tribes, however, challenged the House districting plan, saying it discriminated against Indians because it diluted Indian voting power, a violation of the Voting Rights Act of 1965.

A District Court disagreed. But the Ninth Circuit on Friday said the District Court didn't properly consider the issue, applying a series of tests and analyses of the voting patterns of Indians and whites.

However, the Ninth Circuit stopped short of ruling that Indian voters were discriminated against with the implementation of the 1992 redistricting plan. On that issue, the Ninth Circuit agreed with the District Court.

Also, the court didn't rule outright that Indian voting rights were diluted "in totality." The Ninth Circuit has sent the case back to a lower court to consider whether or not the plan violated the Voting Rights Act.

The issue may have little practical effect on the redistricting as new districts are about to be redrawn anyway. Overall, Montana's Indian population has not changed significantly since 1990.

Get the Decision:
Old Person v. Cooney (Ninth Circuit. No 98-36157. October 2000)

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Census data by state (The Talking Circle 8/31)