Montana Supreme Court EDR Decision

In a case being litigated by Harvard Law School’s Election Law Clinic, the ACLU, the ACLU of Montana, and the Native American Rights Fund, the Montana Supreme Court affirmed preliminary injunctions against (1) the elimination of election day registration and (2) the elimination of student IDs as a valid form of voter identification. The decision is here and is based on the state constitutional right to vote. An excerpt from the ACLU’s press release is below.

The Montana Supreme Court today affirmed a preliminary injunction blocking a state law that hinders Native American participation in the state’s electoral process. 

The decision upholds a preliminary injunction against HB 176, which had ended Election Day registration in Montana. Native American voters living on reservations in Montana disproportionately rely upon Election Day registration to register and vote. . . .

Plaintiffs have also secured a preliminary injunction against HB 530, a prohibition on paid third-party ballot collection in Montana, and yet another law that disproportionately and severely burdens Native Americans’ right to vote.

Last month, the Montana 13th Judicial District Court held a two-week trial in the case, involving challenges to HB 176, HB 530, and two other voting-related laws challenged by consolidated plaintiffs. The Court is expected to rule on the full challenges to those laws in the relatively near future.

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