CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 10/31/2023 1

Early Voting on Indian Reservations 

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. 

Sixteen members of three American Indian tribes living on three Indian reservations filed a federal complaint in the District of Montana on October 10, 

2012, seeking the establishment of satellite county clerk-and-recorder offices 

for voter registration and in-person absentee voting.1 With their complaint, 

the plaintiffs filed a motion for a preliminary injunction,2

 but they did not 

move for expedited briefing.3

Judge Richard F. Cebull set the matter for hearing on October 29.4 After a 

two-day hearing, he denied the plaintiffs immediate relief,5

 because the plaintiffs had not shown a discriminatory intent.6

 “It is undisputed that Native 

Americans living on the three Indian Reservations face greater hardships to 

in-person absentee voting than residents of the three counties who do not 

live on the reservations.”7 Although the Voting Rights Act provides relief 

without a showing of intent, it was unavailing here because residents of the 

reservations had successfully elected candidates of their choice.8

An appeal was heard on October 10, 2013, and dismissed on October 30 

as moot.9

1. Complaint, Wandering Medicine v. McCulloch, No. 1:12-cv-135 (D. Mont. Oct. 10, 

2012), D.E. 1; see Indians Sue Over Voting, Great Falls Trib., Oct. 12, 2012, at A1. 

2. Preliminary-Injunction Motion, Wandering Medicine, No. 1:12-cv-135 (D. Mont. Oct. 

10, 2012), D.E. 3. 

3. Wandering Medicine v. McCulloch, 906 F. Supp. 2d 1083, 1086 (D. Mont. 2012), vacated as moot, 544 F. App’x 699 (9th Cir. 2013); Transcript at 6–7, Wandering Medicine, No. 

1:12-cv-135 (D. Mont. Oct. 29, 2012, filed Nov. 6, 2012), D.E. 76. 

4. Order, Wandering Medicine, No. 1:12-cv-135 (D. Mont. Oct. 22, 2012), D.E. 31. 

5. Transcript at 362, Wandering Medicine, No. 1:12-cv-135 (D. Mont. Oct. 30, 2012, filed 

Nov. 6, 2012), D.E. 77. 

6. Wandering Medicine, 906 F. Supp. 2d 1083. 

7. Id. at 1086. 

8. Id. at 1086, 1089–91. 

9. Wandering Medicine v. McCulloch, 544 F. App’x 699, 700 (9th Cir. 2013) (“Although 

plaintiffs’ complaint requested ‘preliminary and permanent injunctive relief . . . for the 2012 

primary election and . . . for all future elections,’ plaintiffs’ motion for a preliminary injunction included no such language . . .”) (first two ellipses in original); Docket Sheet, Wandering 
Early Voting on Indian Reservations 

2 Federal Judicial Center 10/31/2023 

Because of Judge Cebull’s May 3, 2013, retirement,10 the court assigned 

the case to Judge Donald W. Molloy, who decided on March 26, 2014, that 

the plaintiffs had alleged plausible equal-protection and voting-rights 

claims.11 Judge Molloy signed a stipulated dismissal on July 11: “each party to 

pay its own fees and costs.”12

Medicine v. McCulloch, No. 12-35926 (9th Cir. Nov. 9, 2012). 

10. Federal Judicial Center Biographical Directory of Article III Federal Judges, www.fjc. 

gov/history/judges 

11. Opinion, Wandering Medicine v. McCulloch, No. 1:12-cv-135 (D. Mont. Mar. 26, 

2014), D.E. 153, 2014 WL 12588302. 

12. Order, id. (July 11, 2014), D.E. 223.