Voting in Montana

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The policies governing voter participation are enacted and enforced primarily at the state level. These policies, which include voter identification requirements, early voting provisions, online voter registration systems, and more, dictate the conditions under which people cast their ballots in their respective states.

This article includes the following information about voting policies in Montana:

See Election administration in Montana for more additional information about election administration in the state, including voter list maintenance policies, provisional ballot rules, and post-election auditing practices.

Do you have questions about your elections? Looking for information about your local election official? Click here to use U.S. Vote Foundation’s election official lookup tool.

Voter registration

Eligibility and registration details

Check your voter registration status here.

To register to vote in Montana, each applicant must be a citizen of the United States, a resident of Montana for at least 30 days prior to the election, and at least 18 years old by the day of the election. People serving a felony sentence in a penal institution and those who have been declared by a court to be of unsound mind are not eligible to vote.[1]

Citizens can register to vote in person by completing a registration application at their county election office. They can register by mailing the application to their county election administrator or submitting it when applying for or renewing a driver’s license or state ID. Citizens may also register to vote at their county election offices, certain designated locations, or at their designated polling location on Election Day.[1]


In-person voting

Poll times

See also: State poll opening and closing times

In Montana, polling place hours vary throughout the state. Most polling places open at 7:00 a.m. and close at 8:00 p.m., although some polling places may open as late as 12:00 p.m. An individual who is in line at the time polls close must be allowed to vote.[2]

Voter identification

See also: Voter identification laws by state

Montana requires voters to present identification while voting.

Montana's voter identification requirements are outlined in Section 13-13-114 of Montana Code, as amended when SB169 was signed into law on April 19, 2021. The law states, "Before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification showing the elector's name:"[3]

“

(i) Montana driver's license, Montana state identification card issued pursuant to 61-12-501, military identification card, tribal photo identification card., United States passport, or Montana concealed carry permit; or
(ii) (A) a current utility bill, bank statement, paycheck, government check, or other government document that shows the elector's name and current address; and
(B) photo identification that shows the elector's name, including but not limited to a school district or postsecondary education photo identification. [4]

”

Early voting

See also: Early voting

Montana permits early voting. Learn more by visiting this website.

Absentee/mail-in voting

See also: Absentee/mail-in voting

All voters are eligible to vote absentee in Montana. There are no special eligibility requirements for voting absentee.[5]

To vote absentee, an absentee ballot application must be received by county election officials by noon the day prior to the election. A returned absentee ballot must be postmarked on or before Election Day in order to be counted.[5]


Local election officials

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Voting rules for people convicted of a felony

See also: Voting rights for convicted felons

In Montana, people convicted of a felony receive automatic restoration of their voting rights upon release from incarceration.[6]

Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[7]


Election agencies

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See also: State election agencies

Individuals seeking additional information about voting provisions in Montana can contact the following state and federal agencies.

Montana Secretary of State

State Capitol, Room 260, 1301 6th Avenue
Helena, Montana 59620
Telephone: 406-444-4732
Email: soselections@mt.gov

U.S. Election Assistance Commission

633 3rd Street NW, Suite 200
Washington, DC 20001
Telephone: 301-563-3919
Toll free: 1-866-747-1471

Noteworthy events

2022

Montana judge strikes down same-day voter registration, student voter identification, and third-party ballot collection laws

On September 30, 2022, a Montana judge struck down as unconstitutional state laws that ended same-day voter registration, added additional voter identification requirements for students, and set new rules for third-party ballot collection. Judge Michael Glen Moses wrote that the student voter identification law was written "to reduce voting by young people for perceived political benefit” and that the ballot collection law had a discriminatory purpose targeting Native American voters.[8]

On November 22, 2022, Montana Secretary of State Christi Jacobsen (R) filed an appeal with the Montana Supreme Court.[9]

In April 2022, Moses had issued a temporary injunction blocking the three laws from taking effect for the June primary election.[10] The Montana Supreme Court upheld Moses' injunctions on September 21, 2022, while the case played out.[11]

As of November 2022, the Montana Secretary of State's website provided voters with the following information on same-day voter registration: "Late registration closes at noon on the day before an election. ... This provision will not be enforced for the 2022 general election based on the court order issued on September 30, 2022. Registrations before the close of polls on Election Day will be processed."[12]

2021

On April 19, 2021, Governor Greg Gianforte (R) signed SB169 and HB176 into law, amending Montana's election laws as follows:[13]

  • SB169 modified the state's voter identification laws, effective immediately, requiring that a voter present either of the following:[14]
    • A "Montana driver's license, Montana state identification card issued pursuant to 61-12-501, military identification card, tribal photo identification card., United States passport, or Montana concealed carry permit."
    • A "current utility bill, bank statement, paycheck, government check, or other government document that shows the elector's name and current address" and "photo identification that shows the elector's name, including but not limited to a school district or postsecondary education photo identification."
  • HB176 moved the deadline for late voter registration from 5:00 p.m. on Election Day to 12:00 p.m. on the day preceding Election Day, effective immediately.[15]

Multiple groups filed separate lawsuits (listed below) challenging various provisions of SB169 and HB176:

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See also

Elections in Montana


External links

Footnotes

  1. ↑ 1.0 1.1 Montana Secretary of State, “How to Register to Vote,” accessed April 19, 2023
  2. ↑ Montana Secretary of State, "Elections & Voter Services: 2022 Polling Places", accessed April 19, 2023
  3. ↑ Montana Code Annotated 2021, "Section 13-13-114." accessed April 19, 2023
  4. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  5. ↑ 5.0 5.1 Montana Secretary of State, “Frequently Asked Questions,” accessed April 19, 2023
  6. ↑ Montana Secretary of State, "How to Register to Vote," accessed April 19, 2023
  7. ↑ National Conference of State Legislatures, "Felon Voting Rights," April 6, 2023
  8. ↑ The Washington Post, "Montana judge knocks down Republicans' tighter voting laws," archived October 4, 2022
  9. ↑ Montana Free Press, "Secretary of State appeals rulings that struck down new election laws," November 23, 2022
  10. ↑ AP News, "Montana judge temporarily blocks new election laws," April 6, 2022
  11. ↑ AP News, "Montana law ending Election Day voter registration on hold," September 21, 2022
  12. ↑ Montana Secretary of State, "How to Register to Vote," archived November 2, 2022
  13. ↑ State of Montana Newsroom, "Governor Gianforte Signs Election Security Bills," April 19, 2021
  14. ↑ Montana Legislature, "SB169," accessed April 21, 2021
  15. ↑ Montana Legislature, "HB176," accessed April 21, 2021
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