Montana Judge Pauses Student Registration Law Pending Final Ruling

A Montana state judge has blocked a new voter registration rule that would have required out-of-state college students to prove permanent residency intent before voting in the state. The decision leaves the previous registration standards in place for the midterm elections scheduled for Election Day.

The legal conflict centers on a statute passed last year by the Republican-controlled legislature. The law added a specific restriction for residents enrolled in an educational program. Under the new text, such individuals could register in a Montana county only if they planned to make that county or the state their permanent home after their program ended. This change altered the standard eligibility requirements for U.S. citizens aged 18 and older who have lived in the state for 30 days.

Republican state officials contend the provision does not apply to students attending Montana colleges and universities. In a court filing, they argued that the opposite interpretation would render the word temporary meaningless. They stated that no one understands obtaining a two, four, or eight-year degree as a temporary endeavor.

Judge Jason Marks of Missoula County did not accept that argument in his preliminary review. In February, he found the restriction likely violates the Montana constitution. After a hearing held this month, Marks is now preparing a final ruling in the lawsuit brought by the Montana Public Interest Research Group, or MontPIRG. The advocacy group asserts that the legislative change could cost thousands of students a voice in local governance.

The case rests on the legal concept of domicile, which lawyers define as a person's single, fixed, and permanent principal home. Yael Bromberg, an attorney and co-editor of a book on youth voting rights, explained that this is the place a person intends to return to, even if they do not currently live there. She described the determination for students unsure of post-graduation plans as highly personal and an individualized assessment.

A 1979 Supreme Court decision affirmed that eligible students may register where they live during the academic year. Michael Hanmer, a professor of government and politics at the University of Maryland, noted that federal law sets ground rules to ensure groups like students are not treated unfairly. He stated that officials cannot hold different groups to different standards. Hanmer said college students need to be treated the same as anybody else in the mix who might be new to a particular place.

At a public hearing last year, supporters of the restriction argued that student voters from outside Montana should not influence the state's elections. Hanmer said he would be surprised if the restriction survives the current legal challenge. He cautioned that students should check local rules, as some states require new residents to take extra steps like getting a new state ID or changing car registration. Those steps can cost time, but states impose them on all new residents, not just college students.