Montana Secretary of State refers allegations of 'double voting' to federal prosecutors

Montana Secretary of State Christi Jacobsen announced in a Thursday evening press release that her office referred alleged instances of "double voting" to federal prosecutors.

Three individuals allegedly "double voted" from Montana, which typically means voting twice within the state in the same election or voting twice in the same election, but in different states.

The Secretary of State's communications director Richie Melby said that one of the individuals appears to have voted in Montana and in New York in the same election, but he did not respond when asked which other states these individuals may have voted in.

"Records indicate that double voting took place in multiple election cycles, including federal primary and general elections," Melby wrote in an email. He declined to provide further details.

While the matter was referred to Montana U.S. District Attorney Kurt Alme, a spokesperson for that office would not confirm or deny whether there was an open investigation on the matter.

"Every eligible vote is a precious right that should never be canceled by a counterfeit vote," Jacobsen said in the press release.

These allegations follow multiple races in recent cycles decided by razor thin margins, including a tie election in 2023 for one of Missoula's city council seats. And in the 2024 general election, a 7,600 vote legislative race was decided by 17 votes.

"Clearly, a single illegal vote can undermine the voting power of all eligible voters in a local election," Jacobsen's office stated in the press release.

During the 2023 legislative session, lawmakers passed a bill that sought to make it a felony to be registered to vote in two or more jurisdictions. The bill would have required residents to prove to Montana election officials that they had transferred their registration, but the measure was ultimately blocked by a federal district court judge.

That bill was in part blocked because the state has long prohibited double voting.

"Although the courts have attempted to restrict the ability to protect common-sense election laws, I remain committed that double voting in Montana will not be tolerated," Jacobsen said in the press release.

In recent years, Montana lawmakers have unsuccessfully attempted to add more voting requirements, such as ending Election Day registration, adding new voter ID restrictions and preventing 17-year-olds from voting even if they turned 18 by Election Day. All of those were struck down by the state supreme court for disenfranchising voter rights.

The most recent new mandate — which was in effect during this year's municipal elections — requires voters to write their birth year on the outermost envelope if they're voting absentee or by mail. That case is currently the subject of a lawsuit.

The U.S. Department of Justice has been taking on allegations of double voting across the nation.

Earlier this year, a federal prosecutor in Pennsylvania announced charges against two individuals, one of whom voted in two separate states in the 2020 presidential election, and the other allegedly committed the same offense but in the 2024 presidential election.

There are also multiple allegations of residents voting twice in the same election by absentee and in-person, such as in Michigan and Utah's 2024 primaries.