Montana judge blocks student voting restriction: Legal challenge continues

A state judge has blocked Montana's new student voting restriction, leaving previous rules in place for now. This legal action comes as a result of a lawsuit filed by a student advocacy group, which has highlighted the ongoing debate over the rights of student voters. The Supreme Court ruling in 1979 affirmed the right of eligible students to register in the communities where they live during the academic year, yet questions about student voting rights continue to arise. The judge's ruling means that Montana students who want to register to vote, including for the midterm elections through Election Day, will continue to follow the previous rules. The final ruling in the case is still pending, and the outcome could have implications for thousands of student voters.

Out-of-state college students who are able to choose which of their residences to be their primary home for registering to vote are considered to have a right to cast a ballot somewhere. In legal terms, this is known as their 'domicile,' and it is defined as the one singular, fixed, permanent, principal home where one intends to return, although she may not currently reside there. This determination of domicile is highly personal and an individualized assessment, especially for students who may not know where they might live after graduation.

Montana's new law, which was passed last year by its Republican-controlled legislature, imposed a restriction on 'temporary' residents in an 'educational program.' Under the revised state law, they could only register in a Montana county if they intend to make the county or the state their permanent home at the end of their program. GOP state officials argue that this restriction does not apply to students at colleges and universities in Montana, claiming that 'no one understands obtaining a two, four, or eight-year degree as a temporary endeavor.'

However, Missoula County Judge Jason Marks is not buying that argument. In February, he found the restriction against student voters likely violates Montana's constitution. After holding a hearing this month, Marks is now preparing his final ruling for the lawsuit brought by student advocates at the Montana Public Interest Research Group. MontPIRG claims the change to Montana's residency rule could force thousands of students to lose the ability to have a say at the ballot box about how their communities are run.

The judge's ruling means that Montana students who want to register to vote, including for the midterm elections through Election Day, will continue to follow the previous rules. The final ruling in the case is still pending, and the outcome could have implications for thousands of student voters. Some experts on student voting see the case as a reminder of common misunderstandings about the rights of some of the country's youngest voters.