Cross v. Fox, No. 20-3424 (8th Cir. 2022)
Annotate this CaseThe Eighth Circuit affirmed the district court's dismissal based on lack of subject matter jurisdiction of an action challenging provisions in the tribal constitution requiring nonresidents to return to the reservation to vote in tribal elections and prohibiting nonresidents from holding tribal office. The court explained that it has previously held that the Voting Rights Act does not apply to Indian tribes because they are not states or political subdivisions subject to the Act. The court concluded that the district court did not err in finding that the Indian Civil Rights Act does not contain a private right of action to seek injunctive or declaratory relief in federal court. In this case, plaintiff failed to allege that he intended to run for public office, and thus he lacked standing to challenge the Tribe's eligibility requirement for holding public office.
Court Description: [Gruender, Author, with Benton and Grasz, Circuit Judges] Civil case - Indian law. Plaintiff challenged a provision of the tribal constitution requiring nonresidents to return to the reservation to vote in tribal elections; the district court did not err in dismissing the action for lack of subject-matter jurisdiction; this court has previously held that the Voting Rights Act does not apply to Indian tribes because they are not states or political subdivisions subject to the Act; the district court did not err in finding that the Indian Civil Rights Act does not contained a private right of action to seek injunctive or declaratory relief in federal court; as plaintiff did not allege he intended to run for public office he lacked standing to challenge the Tribe's eligibility requirement for holding public office.
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