Montana Court Keeps Student Voting Rules as They Were

Nearly 50 years after the Supreme Court ruled that students may register where they live during the academic year, that right is being tested in Montana. A state judge has blocked a new restriction on voter registration for students, leaving the older rules in effect through Election Day.

The legal battle stems from a change passed last year by the Republican-controlled Montana legislature. The new law targeted individuals in temporary educational programs. It allowed such residents to register in a specific county only if they intended to make that county or the state their permanent home after the program ended. A student advocacy group, the Montana Public Interest Research Group, sued to stop the change.

Missoula County Judge Jason Marks issued a preliminary ruling in February. He found that the new restriction likely violates the Montana constitution. Following a hearing this month, the judge is preparing a final decision. Until that ruling is finalized, the previous regulations remain active. This means students in the state can continue to register in their school community or stay registered at their hometown address without meeting the new intent requirements.

State officials argue the law does not apply to students at Montana colleges. In a court filing, they stated that interpreting the law to cover degree seekers would render the word temporary meaningless. They noted that few people view a two, four, or eight year degree as a short term endeavor. However, the judge has not accepted that interpretation so far.

Legal experts describe a person's voting residence as their domicile. This is defined as the single, fixed, and permanent principal home where a person intends to return. Yael Bromberg, an attorney who co-edited a book on youth voting rights, said this determination is highly personal for students unsure of their postgraduation plans. Michael Hanmer, a professor of government and politics at the University of Maryland, said officials cannot hold different groups to different standards. He emphasized that students must be treated the same as any other new resident.

The issue has drawn attention because residency determines voting eligibility. Federal law sets ground rules to prevent unfair treatment of specific groups, but state and local governments decide who counts as a resident. In Montana, a U.S. citizen at least 18 years old who has lived in the state for 30 days is generally eligible to register. The MontPIRG group argues the new change could cost thousands of students a voice in local governance.

Hanmer said he would be surprised if the restriction survives the current legal challenges. He advised students checking local rules, as some states require new residents to take extra steps like changing car registrations. He noted that while these steps cost time, states impose them on all new residents, not just college students.