Montana judge blocks new voting rule that targeted student residents

Montana state judge Jason Marks blocked a new voting restriction last year that would have limited where college students could register to vote. The ruling keeps the previous residency rules in place for the upcoming midterm elections. This decision allows out-of-state students to cast ballots in their college towns while a final judgment on the case is prepared.

The legal battle centers on a law passed by Montana's Republican-controlled legislature. The new rule applied to temporary residents in educational programs. It required these individuals to intend to make the county or state their permanent home at the end of their program. If they did not meet that standard, they could only register in their home county.

State officials argue the law does not affect standard degree-seeking students. In a court filing, they claimed that obtaining a two, four, or eight-year degree is not a temporary endeavor. They stated that applying the restriction to these students would make the word temporary meaningless.

Judge Marks disagreed with that interpretation in February. He found the restriction likely violated Montana's constitution. After a hearing held this month, the judge is now drafting his final ruling for the lawsuit filed by the Montana Public Interest Research Group. The organization argues the change could force thousands of eligible students to lose their voice in local elections.

Experts note that federal law from 1979 already affirmed the right of students to register where they live during the academic year. Michael Hanmer, a professor of government and politics at the University of Maryland, says students must be treated the same as other new residents. He explained that states cannot apply different standards to different groups of people.

Yael Bromberg, an attorney and co-editor of a book on youth voting rights, defines a voter's domicile as their fixed, permanent, principal home. She notes that for a student unsure of their post-graduation location, this determination is highly personal. This individualized assessment allows students to choose which of their residences serves as their voting base.

Hanmer expressed surprise that the attempt to restrict students voting for educational purposes would hold up in court. He advised voters to be aware that choosing a new state to register in may involve additional requirements. These can include obtaining a new state ID or changing car registration. He emphasized that states can impose these rules on all new residents, but not solely on college students.