A district court judge in Montana has stopped the state from implementing new restrictions on Election Day voter registration, finding that the limitations would unfairly impact Native American and younger voters.
The court decision blocks enforcement of legislation passed by Montana’s Republican-led Legislature last year that would have prohibited people from voting in federal elections if they registered after 12 p.m. on Election Day. This marked the second attempt by state lawmakers in five years to eliminate same-day voter registration.
District Judge Adam Larsen issued the temporary order on Friday, which will stay in place until a full trial can be held on a lawsuit brought by the Montana Federation of Public Employees and several Native American tribes, including the Blackfeet and Northern Cheyenne. The trial is scheduled for late August, well after the state’s June 2 primary elections.
Writing from the county that includes Helena, the state capital, Larsen observed that same-day registration has become “wildly popular” among Montana voters. The state has permitted Election Day registration since 2006, and when given the chance to eliminate it through a ballot measure in 2014, 57% of voters chose to keep it.
“The undisputed record demonstrates that a substantial number of Montana voters rely on Election Day registration, including during afternoon hours,” Larsen wrote. “The record further establishes that some voters will be unable to register prior to noon due to work schedules, travel constraints, polling place hours or unforseen registration issues.”
Officials from Montana Attorney General Austin Knudsen’s office said they were disappointed with the court’s decision.
“Unrestricted voter registration on Election Day puts a undue burden on Montana’s election administrators who have very important jobs ensuring our elections are secure and run smoothly,” spokesperson Chase Scheuer said in an email.
However, Judge Larsen dismissed the state’s claim that the new law would simplify election administration, pointing out that local officials would need to handle federal elections differently from state and local contests.
The judge noted that Montana requires polling locations serving at least 400 voters to operate from 7 a.m. to 8 p.m. on Election Day, while smaller polling sites don’t have to open until noon.
Larsen determined that Native American voters encounter “unique barriers” when trying to vote, such as lengthy travel distances and limited transportation options. He also found that students and other young voters struggle with registration due to “scheduling constraints” and because they relocate more often.
Amanda Curtis, who leads the Montana public employees organization, said their legal challenge protected “the fundamental right of every voice to be heard” against “overreaching politicians.”
The lawsuit also contested changes to state law regarding which forms of identification students can present at polling places to register and vote, but Larsen ruled that the plaintiffs failed to demonstrate anyone had been denied voting rights because of these requirements. Scheuer stated that these ID changes “bolster the integrity of Montana elections.”
In 2021, the Legislature passed a law that would have ended voter registration at noon the day before Election Day, but the Montana Supreme Court overturned it in 2024, calling it a violation of an “unequivocal fundamental right” guaranteed by the state Constitution. The justices noted that more than 70,000 Montana residents had used Election Day registration since it began.
Prior to lawmakers passing the most recent legislation in 2025, legislative staff issued a memo warning that the proposal might conflict with the Supreme Court’s 2024 ruling.
