HELENA, Mont. — As Montana prepares for the 2026 elections, potential changes to voting procedures are facing significant legal challenges that may alter the state’s electoral landscape. These adjustments hinge on the outcomes of lawsuits targeting election laws enacted during the 2025 legislative session.
Amanda Curtis, president of the Montana Federation of Public Employees, the state’s largest union, emphasized the urgency of protecting democratic access. “Our members believe there can be no compromises concerning democracy or access to our own democracy,” she stated.
The Montana Federation of Public Employees is among multiple organizations contesting two legislative bills signed into law by Governor Greg Gianforte. The lawsuits focus on Senate Bill 276 and Senate Bill 490, both introduced by Sen. Mike Cuffe, R-Eureka. These measures are under scrutiny for potentially disenfranchising eligible voters.
Senate Bill 276 alters identification requirements at polling places, mandating that any ID presented must be “current, valid and readable.” The bill eliminates the option for voters without photo ID to cast provisional ballots by declaring a “reasonable impediment” to obtaining identification. Critics argue these changes could bar eligible voters in Montana from participating in elections.
Senate Bill 490 introduces restrictions on same-day registration. Under the current system, voters can register and cast their votes until the polls close at 8 p.m. on Election Day. The newly proposed bill would curtail this option, closing voter registration at noon, although late registration would remain available the weekend before the election.
Advocates for SB 490 contend that same-day registration places undue pressure on county election staff, suggesting these changes would alleviate logistical challenges while still allowing last-minute registrations. However, Curtis criticized the bill for potentially creating confusion and making it harder for individuals working non-traditional hours to register.
The ACLU of Montana and Western Native Voice have also expressed concerns that shortening Election Day registration might disproportionately impact Native American voters. These groups are seeking to join the ongoing lawsuits, which are being heard in Lewis and Clark County’s district court.
In addition to the aforementioned suits, two more challenges are currently underway regarding new election laws. MontPIRG, which advocates for students at the University of Montana and Montana State University, is contesting House Bill 413. This legislation restricts people visiting for temporary purposes, such as work or study, from registering to vote unless they intend to live in the county permanently.
Another lawsuit filed by Disability Rights Montana and Big Sky 55+ targets House Bill 719. This bill mandates that voters casting absentee ballots must write their date of birth on the envelope, allowing election officials to verify it against their records.
While initial proceedings for both cases began in state courts, Attorney General Austin Knudsen has sought to transfer them to the federal level, alleging they raise constitutional issues. Defendants have the right to shift cases from state to federal court if they involve federal law claims.
In response to Knudsen’s actions, MontPIRG’s legal representatives have adjusted their complaint to focus solely on state constitutional claims, asking the court to reconsider their case’s status. The matter remains unresolved.
As Montana edges closer to its primary elections scheduled for June 2026, uncertainties surrounding its electoral process linger, leaving many to wonder how these legal disputes will resolve.
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