Montana Judge Blocks Student Voting Restriction Amid Midterm Countdown

College students in Montana can continue registering to vote in their local counties for the upcoming midterm elections. A state judge has temporarily blocked a new law that would have restricted voter registration for residents attending educational programs. This decision keeps the previous residency rules in place while the legal challenge proceeds.

The change originated in a law passed last year by Montana's Republican-controlled legislature. The statute targeted "temporary" residents enrolled in an "educational program." Under the new rule, these individuals could register in a specific Montana county only if they intended to make that county or the state their permanent home upon completing their program. Montana generally requires U.S. citizens who are 18 or older to have resided in the state for at least 30 days to register.

Student advocates from the Montana Public Interest Research Group, known as MontPIRG, challenged the law. The group argued the new requirement could force thousands of students to lose their ability to vote on local community issues. Missoula County Judge Jason Marks issued a preliminary ruling in February, finding the restriction likely violates the Montana constitution. He is now preparing a final decision after holding a hearing this month.

State officials maintain the law does not apply to students at colleges and universities. In court filings, they argued that interpreting the law to include students would make the word "temporary" meaningless. They noted that obtaining a degree is typically a multi-year commitment, not a short-term endeavor. The law's supporters stated at a public hearing last year that out-of-state student voters should not influence state elections.

Legal experts note that the right to choose a voting residence stems from a 1979 Supreme Court ruling. That decision affirmed that eligible students may register in the communities where they live during the academic year. Yael Bromberg, an attorney and co-editor of a book on youth voting rights, explained that a voter's domicile is their fixed, permanent home where they intend to return. For students uncertain about post-graduation plans, determining this domicile is a personal assessment.

Michael Hanmer, a professor of government and politics at the University of Maryland, said federal law prevents states from applying different residency standards to different groups of people. He described students as similar to owners of multiple homes, who may choose which residence to use for voter registration. Hanmer expressed skepticism about the Montana law's legal durability, stating he would be surprised if the restriction on students attending school solely for educational purposes survives the court process.

Voters who choose to register in a new state must meet that state's standard residency requirements. Hanmer noted that some states require new residents to obtain a state ID or change vehicle registration. He clarified that while states can impose such administrative steps, they must apply them to all new residents, not just college students. The judge's final ruling will determine whether the 30-day residency rule or the new permanent intent test governs student registration in Montana.