Montana Judge Blocks Student Voting Law, Citing Residency Rights

Missoula County Judge Jason Marks is preparing a final decision on a lawsuit that challenges Montana’s new voting residency rules. The interim order from February blocked a restriction that would have limited registration for temporary residents in educational programs. This legal hold keeps the state’s previous rules active for the midterm elections.

The dispute centers on a law passed last year by Montana’s Republican-controlled legislature. The statute required individuals in temporary educational programs to register in a Montana county only if they intended to make that location their permanent home upon completion. State officials argued this rule did not apply to standard college students, claiming the law would be meaningless if it covered degrees taking two, four, or eight years.

Marks found in February that the restriction likely violates the Montana constitution. He is now finalizing his ruling after holding a hearing this month. The case was filed by the Montana Public Interest Research Group, which argues the change could prevent thousands of eligible students from voting in local elections.

The legal question traces back to a 1979 Supreme Court decision that affirmed the right of eligible students to register where they live during the academic year. Michael Hanmer, a professor of government and politics at the University of Maryland, notes that federal law sets ground rules to prevent states from discriminating against student voters. He stated that college students must be treated the same as any other new resident in a community.

Yael Bromberg, an attorney and co-editor of a book on youth voting rights, explained that a voter’s domicile is their single, fixed, and permanent home. She noted that for a student who does not yet know where they will live after graduation, determining this domicile is a highly personal assessment. This legal definition allows many students to choose between their hometown and their college town for registration purposes.

Hanmer expressed skepticism about the Montana law’s durability. He said he would be surprised if the attempt to restrict students who are in the state only for educational purposes held up in court. However, he advised that students who choose to register in a new state should be aware of potential administrative requirements. These can include obtaining a new state ID or changing car registration.

Hanmer clarified that while states can impose such requirements, they must apply them to all new residents, not just students. The cost in time for these additional steps is a factor students must consider. The current legal hold ensures that out-of-state students can continue to register and vote in Montana under the pre-existing rules until the judge issues his final opinion.

The Montana Public Interest Research Group maintains that the new law would disproportionately affect student voters. The organization contends that the residency change would strip eligible citizens of their right to influence how their communities are governed. The judge’s final ruling will determine whether the legislative language stands or if the prior, broader residency standards remain the law of the state.