Elections & campaignsCourts & justice
Montana judge blocks absentee-ballot birth-year rule that Montana Free Press says disenfranchised nearly 6,000 voters
Confidence: Confirmed · 2 sourcesMontana · Oct 13, 2026
Subject of this story
Montana Secretary of State's Office
Also named
Oversight
Montana First Judicial District Court
Advocate
Disability Rights Montana
What happened
In an order filed Oct. 2, 2026 in Disability Rights Montana v. State of Montana, a Lewis and Clark County District Court judge enjoined enforcement of House Bill 719, the 2025 law requiring voters to write a birth year on absentee ballot return envelopes. Montana Free Press reports the judge found the requirement had disenfranchised nearly 6,000 voters since 2025 and that the State had not shown it prevented fraud; as a result, 2026 general election envelopes missing a birth year will not be rejected. The Secretary of State defended the law in court.
Sources (2)
Order on Motion for Summary Judgment, Disability Rights Montana v. State of Montana, ADV-2025-293 (Mont. 1st Jud. Dist. Ct., Oct. 2, 2026)Balanced against the State’s lack of evidence of election fraud and its inability to explain how public confidence in elections is elevated by requiring a birth year on absentee ballots, the State has failed to meet its burden of proving HB 719 is reasonable and serves a legitimate state interest or that its asserted interests are more important than the burden on the right to vote.
Montana Free PressAn absentee ballot requirement that has resulted in thousands of Montana votes being thrown out since 2025 was ruled unconstitutional Monday by a state judge.
Response
Montana Secretary of State's Office
Statement given
Contacted and responded — exact wording not on record.
What happened next (0)
No outcome recorded yet.