Montana judge pauses student voting restriction

Montana students can still register to vote in their college towns for the upcoming midterm elections.

A state judge blocked a new law last year that would have tightened residency requirements for students. The restriction targeted "temporary" residents in educational programs. Under the new rule, these residents could only register in a Montana county if they intended to make that county or the state their permanent home after finishing their program.

The Montana Public Interest Research Group sued after the Republican-controlled legislature passed the change. The group argued the law could prevent thousands of eligible students from voting on local issues. In February, Missoula County Judge Jason Marks found the restriction likely violated the state constitution. He is now preparing a final ruling after holding a hearing this month.

State officials argue the law does not apply to standard college students. In a court filing, they claimed the word "temporary" would become meaningless if it covered two, four, or eight-year degree programs. They stated that most people do not view obtaining a degree as a temporary endeavor.

Legal experts point out that voting rights are tied to residency, but federal law prevents states from treating students differently from other new residents. Michael Hanmer, a professor of government and politics at the University of Maryland, explained that college students must be treated the same as anyone else new to a place. He compared students to owners of multiple homes who choose which residence serves as their domicile for voting.

Yael Bromberg, an attorney and co-editor of a book on youth voting rights, noted that domicile is defined as a singular, fixed, and permanent principal home. For a student who does not know where they will live after graduation, this determination is a personal and individualized assessment. This legal framework allows students to choose where to cast their ballot.

Hanmer expressed skepticism about the Montana law surviving legal challenges. He said he would be surprised if the restriction on students voting for educational purposes holds up. He also warned that choosing to register in a new state may require additional steps, such as getting a state ID or changing car registration. These requirements apply to all new residents, not just college students.