The Montana Supreme Court has struck down a suite of restrictive laws passed by the state’s Republican-controlled Legislature in 2021, concluding that these measures unjustifiably infringed upon the fundamental right to vote as enshrined in the state’s constitution. The court’s comprehensive 125-page ruling dismantled the new regulations, solidifying Montana’s strong stance on voting accessibility.
The contentious legislation, which included the end of same-day voter registration, stringent voter identification requirements, a prohibition on paid third-party ballot collection, and a bar on distributing mail-in ballots to minors who would be of voting age by Election Day, was deemed unconstitutional. The Supreme Court’s decision upheld the lower court’s determination made by Yellowstone County District Court Judge Michael Moses.
In a statement, Secretary of State Christi Jacobsen communicated her dismay, claiming that “State and county election officials have been punched in the gut.” However, the plaintiffs — a coalition including the Montana Democratic Party, Western Native Voice, and other youth and tribal voting rights groups — celebrated the ruling as a “landmark victory.”
The Supreme Court’s majority opinion, written by Justice Mike McGrath, underscored the stronger voter protections guaranteed by the Montana Constitution in comparison to the U.S. Constitution, emphasizing the delegates’ intent during the 1972 Constitutional Convention to ensure such protections. McGrath cited the significant usage of same-day voter registration since its establishment in 2005 and the particular disenfranchisement risks posed to young and Indigenous voters by the new laws.
Moreover, the justices dismantled the notion that these laws would prevent voter fraud or bolster voter confidence, an argument that had been championed by Jacobsen and some lawmakers. The court found the rationale for prohibiting early ballot distribution to minors “unreasonable and arbitrary,” and expressly rejected the notion that such laws were necessary to maintain election integrity.
The decision, however, was not without dissent. Justices Dirk Sandefur and Jim Rice wrote a scorching critique of the majority, asserting that the court had overreached by asserting greater constitutional protections than the U.S. Constitution allows and by invalidating legislative acts on what they regarded as tenuous constitutional grounds.
The ruling comes at a time when voting rights are under intense scrutiny across the United States, with many states enacting similar restrictive measures. Montana’s high court, conversely, has sent a reverberating message with this decision that such restrictions will not stand in the face of constitutional protections for the right to vote.
The victory was hailed by proponents of voting rights as a critical reinforcement of democracy. Rylee Sommers-Flanagan of Upper Seven Law said, “This decision is about the power of the people — especially youth and Native Americans — to choose who represents them in government.” The court’s affirmation that Montanans must be able to freely exercise their right to vote without undue burdens could resonate as a significant precedent as other states grapple with voting rights challenges.
Relevant articles:
– Montana Supreme Court strikes down voting restrictions
– Montana Supreme Court declares 2021 voting laws unconstitutional, Montana Free Press, Wed, 27 Mar 2024 22:16:42 GMT
– Montana Supreme Court rules voter restriction laws passed in 2021 are unconstitutional • Idaho Capital Sun, Idaho Capital Sun, Thu, 28 Mar 2024 21:23:20 GMT
– Kudos to the Montana Supreme Court for defending our democracy • Daily Montanan, Daily Montanan, Fri, 29 Mar 2024 10:45:57 GMT