Federal judge temporarily blocks confusing Montana voter registration law
HELENA, Mont. — A federal judge has temporarily blocked a Montana law that appeared to require people to cancel previous voter registrations before registering to vote in the state or risk being charged with a felony.
U.S. District Court Judge Brian Morris said Wednesday he agreed with plaintiffs who argued the law was vague and overbroad and could lead people to decide not to register to vote for fear of being accused of a crime. Penalties include fines up to $5,000 and up to 18 months in prison.
“The Court’s ruling protects Montanans and their constitutional rights by ensuring that a simple act – registering to vote – does not turn Montanans into felons,” said Amanda Curtis, president of the Montana Federation of Public Employees, one of the plaintiffs.
The lawmaker who sponsored the bill during the 2023 legislative session said it was intended to make it clear that people cannot vote twice. That’s already illegal under federal and state law.
The problem with the law, attorney Raph Graybill said Thursday, was that it didn’t create a clear process for someone to cancel their previous registrations.
“The basic principle is that if you want to create a crime, the rules have to be clear enough that people can avoid becoming criminals, and this law does not meet that requirement,” said Graybill, who represents the officials and Montana. Public interest research group. Both plaintiffs said the law would hinder their efforts to register new voters.
The lawsuit was filed last September against Secretary of State Christi Jacobsen, Attorney General Austin Knudsen and Political Practices Commissioner Chris Gallus. The Public Prosecution Service defends the state. Knudsen’s press secretary, Chase Scheuer, said the agency was reviewing the order to determine next steps.
The current voter registration form requires people to list their previous registration, but the new law was not clear whether providing that information met a person’s responsibility to unregister, said Graybill, Ryan Busse’s running mate, who sought is seeking the Democratic nomination. for governor in the June primary.
Election clerks in Montana can notify clerks in other counties if a voter’s registration changes, but Montana is not part of a national database that would allow it to notify other states of new voter registrations, election officials said.
The state opposed the motion for the temporary ban, saying it was not enforcing the law.
Graybill said the plaintiffs’ response was: “Just because you don’t enforce an unconstitutional law doesn’t make it constitutional.”
Enforcement of the law is blocked until the case is heard in court, Morris wrote.