Montana Youth Action v. Jacobsen
During the 2021 legislative session, the Montana Legislature passed a cocktail of laws burdening Montanans’ right of suffrage. Three youth civic engagement organizations—Montana Youth Action, Forward Montana Foundation, and the Montana Public Interest Research Group (MontPIRG)—challenged three of those laws, recognizing that the cumulative effect of burdensome voting laws falls with particular weight on young voters. House Bill 176 would eliminate Election Day voter registration; Senate Bill 169 would downgrades student ID to a second-class form of voter ID; and House Bill 506 would prohibit ballot distribution to voters who will meet eligibility requirements by Election Day, but are not yet 18 or have recently moved. Together and separately, these laws unconstitutionally burden Montanans’ fundamental right to vote, subverting the will of Montana voters and upending norms they have come to rely on. The case was consolidated with two others that challenged two of the same laws, as well as House Bill 530, which would prohibit paid ballot collection and similarly burden the right to vote.
On April 6, 2022, the court granted the consolidated plaintiffs’ motion for a preliminary injunction, enjoining all four laws. In June 2022, the district court permanently enjoined HB 506 following summary judgment briefing. In September 2022, the Montana Supreme Court upheld the preliminary injunction. And, following a nine-day bench trial, the district court permanently enjoined the laws. As a result, Montana voters were able to use Election Day registration this November, 18-year-olds received their ballots at the same time as older Montanans, and onerous voter ID laws reverted to a simpler form. On March 27, 2024, the Montana Supreme Court affirmed the District Court's rulings.
Filings / Press
Complaint (Sept. 9, 2021)
State's Answer to the Complaint (Nov. 12, 2021)
Sam Wilson, Lawsuit by Montana youth groups calls new republican election laws a cocktail of voter suppression, Independent Record (Sept. 9, 2021)
Nora Mabie, Youth coalition files lawsuit challenging Montana laws they say reduce youth voter turnout, Great Falls Tribune (Sept. 9, 2021)
Alex Sakariassen, Youth voting groups file Montana’s fourth election lawsuit, Montana Free Press (Sept. 9, 2021)
Mike Dennison, Another lawsuit challenges new voting restrictions in Montana, KTVH (Sept. 9, 2021)
Associated Press, Groups challenge new Montana laws they say stifle youth vote, (Sept. 9, 2021)
Lauren Berg, New Montana Laws Suppress Youth Vote, Groups Say, Law360 (Sept. 10, 2021)
Plaintiffs' Motion to Consolidate (Nov. 9, 2021)
Plaintiffs' Brief in Support (Nov. 9, 2021)
State's Brief in Opposition (Nov. 24, 2021)
Plaintiffs' Reply in Support (Nov. 29, 2021)
Order Granting Plaintiffs' Motion to Consolidate (Dec. 13, 2021)
Plaintiffs' Application for Preliminary Injunction (Jan. 12, 2022)
Plaintiffs' Brief in Support (Jan. 12, 2022)
State's Brief in Opposition (Feb. 17, 2022)
Plaintiff's Reply in Support (Mar. 2, 2022)
Order Granting Plaintiffs' Application for Preliminary Injunction (Apr. 6, 2022)
State's Motion to Stay PI and Brief in Support (Apr. 27, 2022)
Plaintiffs' Brief in Opposition (May 9, 2022)
Montana Supreme Court Order Staying PI (May 17, 2022)
State's Opening Brief to Appeal PI (May 16, 2022)
Plaintiffs' Brief in Opposition (June 15, 2022)
State's Reply in Support (June 29, 2022)
Montana Supreme Court Order Affirming PI (Sept. 21, 2022)
Eric Tegethoff, Youth Groups File to Stop New MT Election Laws Before 2022 Primary, Public News Service (Jan. 19, 2022)
Darrell Ehrlich, Judge hears groups’ arguments to issue preliminary injunction against four voting rights laws, (Mar. 10, 2022)
Alex Sakariassen, Making the case on voting rights, Montana Free Press (Mar. 10, 2022)
Amy Beth Hanson, Judge hears arguments in challenges over new election laws, Associated Press (Mar. 10, 2022)
Sam Wilson, Judge blocks 4 new voting laws backed by MT GOP, Helena Independent Record (Apr. 6, 2022)
Alex Sakariassen, District court blocks new voting laws, Montana Free Press (Apr. 6, 2022)
Ashley Nerbovig, Judge temporarily halts several new Montana voting laws ahead of statewide election, KTVH Helena (Apr. 6, 2022)
Amy Beth Hanson, Montana judge temporarily blocks new election laws, Associated Press (Apr 6, 2022)
State's Renewed Motion for Summary Judgment (June 3, 2022)
State's Brief in Support (June 3, 2022)
Plaintiffs' Brief in Opposition (June 24, 2022)
State's Reply in Support (July 6, 2022)
Oral Argument Heard (July 11, 2022)
Order Denying State's Motion for Summary Judgment (July 27, 2022)
NBC Montana, Judge rules law violates new voters' rights to access their ballot (July 27, 2022)
Meridith Depping, Judge rules house bill restricting ballot access for 18-year-olds is against Montana Constitution, KFBB Great Falls (July 27, 2022)
Amy Beth Hanson, Judges Finds New Montana Election Law Unconstitutional, Associated Press (July 28, 2022)
Valley Journal, Ruling says 18-year-olds must be allowed to access their ballots (Aug. 3, 2022)
Plaintiffs' Renewed Motion for Summary Judgment (June 3, 2022)
Plaintiffs' Brief in Support (June 3, 2022)
State's Brief in Opposition (June 24, 2022)
Plaintiffs' Reply in Support (July 6, 2022)
Oral Argument Heard (July 11, 2022)
Order Granting Plaintiffs' Motion for Summary Judgment (July 27, 2022)
NBC Montana, Judge rules law violates new voters' rights to access their ballot (July 27, 2022)
Meridith Depping, Judge rules house bill restricting ballot access for 18-year-olds is against Montana Constitution, KFBB Great Falls (July 27, 2022)
Amy Beth Hanson, Judges Finds New Montana Election Law Unconstitutional, Associated Press (July 28, 2022)
Valley Journal, Ruling says 18-year-olds must be allowed to access their ballots (Aug. 3, 2022)
Bench Trial (August 15th - August 26th, 2022)
Amy Beth Hanson, Trial starts in challenge to new Montana voting laws, Associated Press (Aug. 15, 2022)
Jackie Coffin, Trial begins for controversial new voting laws, heard by Billings judge, KTVQ Billings (Aug. 15, 2022)
Missoula Current, Trial challenging new Montana laws restricting young voters to begin, (Aug. 15, 2022)
Darrell Ehrlick, New laws create confusion, treat voters differently witnesses testify, Daily Montanan (Aug. 18, 2022)
Keith Schubert, Election, disability experts testify as trial over election laws enters week two, Daily Montanan (Aug. 22, 2022)
Darrell Ehrlick, State rep testifies GOP leadership wanted laws to make it harder for youth to vote in Montana, Daily Montanan (Aug. 23, 2022)
Jackie Coffin, Montana voting rights trial moves into second week; state lawmaker testifies, KTVQ Billings (Aug. 23, 2022)
Darrell Ehrlick, State senator admits laws could disenfranchise voters, but believes habits will change, Daily Montanan (Aug. 24, 2022)
Shaylee Ragar, Trial over the legality of Montana's new voting restrictions ends, Montana Public Radio (Aug. 29, 2022)
Findings of Fact and Conclusions of Law (September 30, 2022)
Mariah Thomas, MontPIRG, Montana Youth Action win final case for election day voter registration, use of college ID, Montana Kaimin (September 30, 2022)
Sam Wilson, GOP election laws violate MT Constitution, judge rules, Independent Record (September 30, 2022)
Alex Sakariassen, Judge: New voter laws “unconstitutional” and permanently enjoined, Montana Free Press (September 30, 2022)
Darrell Ehrlick, Judge strikes down three Montana voting laws as unconstitutional, Daily Montanan (September 30, 2022)
Shaylee Ragar, Judge strikes down voting restrictions, saying they 'severely' burden voting rights, Montana Public Radio (September 30, 2022)
Meridith Depping, Election laws passed during 2021 Montana Legislative Session ruled unconstitutional, KULR8 (September 30, 2022)
Jonathon Ambarian, Montana district judge rules three election laws unconstitutional, KTVH Helena (September 30, 2022)
Missoula Current, ‘Unconstitutional:’ Court Overturns 3 Montana GOP Election Laws (September 30, 2022)
NBC Montana, Montana court rules 2 state voting laws unconstitutional (September 30, 2022)
Alex Sakariassen, How Montana’s new election laws failed legal muster, Montana Free Press (October 6, 2022)
State's Opening Brief to Appeal FOFCOL and Summary Judgment Rulings (May 1, 2023)
Montana Youth Action's Brief in Opposition (Jun. 30, 2023)
Western Native Voice's Brief in Opposition (Jun. 30, 2023)
Montana Democratic Party's Brief in Opposition (Jun. 30, 2023)
State's Reply in Support (Aug. 14, 2023)
Order Affirming District Court (Mar. 27, 2024)
Alex Sakariassen, Montana Supreme Court declares 2021 voting laws unconstitutional, Montana Free Press (March 28, 2024)
Patrick Svitek, Montana Supreme Court strikes down voting restrictions, Washington Post (March 28, 2024)
Madeleine Greenberg, Montana Supreme Court Strikes Down Four Voter Suppression Laws, Democracy Docket (March 27, 2024)
Jonathon Ambarian, Montana Supreme Court blocks four voting-related laws from 2021 Legislature, KTVH (Mar. 27, 2024)
State's Petition for Writ of Certiorari (Aug. 28, 2024)
Alex Sakariassen, Secretary Jacobsen seeks U.S. Supreme Court action on 2021 Montana election laws, Montana Free Press (August 30, 2024)