Voting bills in limbo struck down just before election

Just one month before this year's election, three voting laws passed in 2021 by the Montana Legislature, which led to an immediate lawsuit, were declared unconstitutional by Montana Judge Michael Moses. By overturning these laws, people in the state of Montana will continue to be able to use student IDs as a valid form of voter identification, complete same-day voter registration and accept payment for collecting ballots on behalf of voters.

"This matters for students, Native American communities and elderly populations, which are large portions of our voters," said Eric Austin, a political science professor at MSU.

Here are the three major voter bills that have been overturned this year:

House Bill 176

House Bill 176 is a bill that would close late voter registration at noon the day before the election. There were exceptions for military and overseas voters; however, that extended the deadline through election day. When enacted in 2021, this bill broke the fifteen-year practice of allowing voters to register and vote on Election Day. The argument for this bill was that it created an unnecessary burden on local election officials with the possibility of long lines, delays in reporting and the potential for mistakes due to the extra work. When making a decision on this bill, the court examined the young and Native American voter populations. An expert testimony was heard by Judge Moses that explained how Native American and young voters disproportionately rely on Election Day to register and vote. Taking away their right to register to vote as American citizens for one and a half days during each election cycle was deemed unconstitutional by Moses. Austin said, "There is a real lack of evidence that there has been widespread or systematic voter collection. However, we know that when these laws are put in place, it makes it harder for young persons and communities of color to vote."

Senate Bill 169

Senate Bill 169 revised the list of acceptable photo IDs Montana voters could use at the polls. This revision included the demotion of student IDs as valid forms of identification, requiring them to be accompanied by another identifying document. Moses ruled that this demotion of student IDs violated the Equal Protection clause in Montana’s Constitution. Moses also concluded that these lawmakers intended to create barriers against young voters since, just months before the ruling, the young voter population reached record rates. Several witnesses testified that many college voters might not have a driver's license, bank statement or utility bill. Also, witnesses emphasized that the photo ID requirement is to clarify who the voter is, not to prove residency.

House Bill 530

Initially written to improve election security, House Bill 530 sustained many new rules in 2021. The most recent amendments prohibited the offering, providing or receiving of financial benefits when distributing, collecting or delivering ballots to Montana voters. Violation of this law came with a civil penalty of $100 for each ballot distributed, collected or delivered. Moses ruled that these new amendments to the bill violated the Montana Constitution Equal Protection clause and burdened the right to vote. Likewise, the $100 penalty infringed the freedom of speech amendment and the rights of organizations seeking to engage in ballot-assistance efforts. "There is a possibility for a problem without real evidence to support it,” Austin said. “We are willing to disenfranchise voters on a possible problem instead of ensuring the empowerment of people to vote. If there is evidence found, we can fix the problems. It's a crude strategy to fix a problem that there is no evidence of."