Youth civic organizations challenge laws
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News from Upper Seven Law
HELENA - On Monday, July 14, 2025, Forward Montana and the Montana Public Interest Research Group (“MontPIRG”) filed a lawsuit challenging two newly enacted laws that unconstitutionally burden young Montanans’ right to vote.
In 2024, the Montana Supreme Court struck down four 2021 laws for violating the Montana Constitution’s fundamental right to suffrage. Nevertheless, in 2025, the legislature passed two laws that again attempt to burden Montana voters. Much like the laws invalidated in 2024, Senate Bill 490 (“SB 490”) eliminates most Election Day registration, cutting the time available to register on Election Day by eight hours. Senate Bill 276 (“SB 276”) limits the use of student identification and eliminates the reasonable impediment form, which acts as a fail-safe for eligible voters who go to the polls without ID on hand.
“The ability to register and vote on Election Day is profoundly important to voters in Montana, especially young people,” said Alice Boyer, Executive Director of plaintiff Forward Montana. “The Montana Supreme Court has already spoken on this issue. The legislature can’t arbitrarily make voting harder, and we will challenge their attempts to do so.”
State officials openly hoped that they could evade the requirements of the Montana Constitution by styling the laws to apply only to federal elections. But the Montana Constitution protects Montanans’ right to vote in every election.
In its previous ruling, the Montana Supreme Court explained: “We have long held that the right to vote freely and unimpaired preserves—and is a bulwark for—other basic civil and political rights.”
Election Day registration increases voter turnout. It was especially popular in Montana in 2024, but since 2005, more than 70,000 Montanans have used Election Day registration to register and vote. In most Montana Counties, Election Day is the only day in the month before the election where registration is available after 5 pm. Young people, students, working Montanans, and first-time voters regularly rely on Election Day registration. SB 490 would drastically limit this option and create significant confusion among voters by imposing a random middle-of-the-day registration deadline. The resulting barrier would prevent thousands of eligible Montana voters from casting ballots.
Meanwhile, SB 276 draws capricious lines between types of student ID that can be used at the polls. For example, SB 276 allows Montana University System ID cards, but not community college, tribal college, or high school ID cards. It also gets rid of voters’ ability to fill out a reasonable impediment form to affirm their identity if they do not have their ID on hand. Without a fail-safe option, voters who forget or lose their ID will be disenfranchised.
“Voting is a key part of life-long civic engagement, and these bills make it harder for students to get that first positive voting experience,” said Charlie Strom plaintiff MontPIRG’s Board Chair and MSU student. “We are committed to building lifelong civic habits and to standing up for young people’s right to vote without fear or hindrance.”
“Our government should be focused on making sure our elections are secure and that every eligible Montana voter is able to cast a ballot,” said Molly Danahy, Upper Seven Law’s litigation director and attorney for plaintiffs. “These laws are simply roadblocks to democracy. Elections offices need improved technology, training, and staffing, not fewer voters.”
Upper Seven Law, a Montana-based nonprofit law firm dedicated to holding the powerful accountable, represents plaintiffs.
