District Court judge rules birthdate voter law unconstitutional

A Lewis and Clark County District Court judge has ruled a law requiring voters to put their birth year on absentee ballots violated the state’s constitution, and has ruled in favor of Disability Rights Montana and Big Sky 55+, which challenged the legislation.

Ballots for the Nov. 5 general election have already been sent overseas, with voter packets headed to Montanans by the end of the week. Some overseas ballots have been sent and returned. 

In a statement, the Secretary of State’s Office said county election officials have been notified that the courts have blocked House Bill 719 and expressed frustration with the ruling.

“This type of mass confusion is why courts shouldn’t get involved when the election is underway,” Secretary of State’s Office spokesperson Richie Melby wrote in an email.

The Montana Department of Justice did not immediately respond to a request for comment or say if it planned to appeal the decision. 

The court’s decision also invalidates the law, meaning a ballot couldn’t be thrown out simply for not having a voter’s birth date on the ballot. When asked if any ballots would be reprinted, the Secretary of State’s Office said it takes counties “weeks” to contract with printing companies and get the ballots ready for mailing.

“The law requires that absentee ballot materials were available to voters for in-person absentee voting beginning today,” Melby said Monday. “The election is well underway.”

Three elections have been held under the new law, with data submitted to the court showing more ballots have not been counted since the new law has been in effect. The court compared voter data from the November 2024 election, which was before the new birth date law, with an all-mail May 5, 2026, election that was held in 30 counties after it was signed into law.

Lewis and Clark County’s ballot rejection rate was 0.29% in 2024 and 0.8% in the May 2026 election. In Gallatin County it rose from 0.47% in 2024  to 2.75% in 2026, court documents state.

The state argued adding the birth year helped prevent voter fraud, with attorneys pointing to a case where another person voting in Montana impersonated his ex-wife in 2011. 

“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,” Judge Mike Menahan wrote in his decision.

In a press release, Big Sky 55+ praised the decision.

“The court’s decision means that no Montanan will have their ballot thrown out for arbitrary reasons under HB719,” Terry Minow, chairperson of Big Sky 55+, said in a press release. “When more people vote and have their votes counted, our democracy is healthier. We encourage everyone to vote in every election.”