Judge Blocks Montana Law Limiting Election Day Voter Registration Hours

Montana First Judicial District Judge Adam Larsen has issued a preliminary injunction blocking Senate Bill 490 from taking effect, preserving Election Day voter registration for the full day as the state prepares for its June 2 primary election. The ruling prevents the 2025 law from cutting off same-day registration at noon for voters seeking to cast ballots in presidential, U.S. Senate, and U.S. House races.

The Details

Senate Bill 490 was passed during Montana's 2025 legislative session and would have created a hard cutoff for same-day voter registration. Under the measure, voters who registered after noon on Election Day would have been prevented from casting ballots in presidential, U.S. Senate, and U.S. House contests. The measure drew a legal challenge from the Montana Federation of Public Employees, and tribal nations alongside Western Native Voice joined the case as intervenors.

In his order granting the preliminary injunction, Judge Larsen found that the law would disproportionately affect Native American and young voters. He also determined that the state had failed to present competent evidence demonstrating that the change would reduce administrative burdens or improve election efficiency, which the state had offered as justifications for the measure.

Larsen wrote directly in his order that "The undisputed record demonstrates that a substantial number of Montana voters rely on Election Day registration, including during afternoon hours."

The ruling also drew on Montana's legal and electoral history with same-day registration. The state has allowed Election Day registration since 2006. In 2014, Montana voters rejected a ballot initiative to end same-day registration, with 57% voting against the measure. More recently, the Montana Supreme Court struck down a 2021 law that would have ended late registration before Election Day, finding in 2024 that the burden on voting rights was unconstitutional. That court noted that more than 70,000 voters had used Election Day registration since the practice began.

Larsen also identified a practical implementation concern with the noon cutoff. Some Montana polling places that serve fewer than 400 voters do not open until noon on Election Day. Under Senate Bill 490, voters in those precincts would have had no meaningful window to register and cast a ballot on the same day.

Attorneys for the Native American Rights Fund and the ACLU argued that Senate Bill 490 would eliminate eight critical hours of Election Day registration and harm tribal communities that rely on same-day registration to participate in elections.

Following the ruling, Alex Rate of the ACLU of Montana stated, "The State of Montana could not provide a compelling government interest justifying this voter suppression law because there simply isn't one."

Jacqueline De Leon of the Native American Rights Fund said, "This ruling is particularly important to rural Tribal communities across Montana, many of whom rely on the ability to register and cast a ballot on Election Day."

Context

Montana's history with Election Day registration has been tested repeatedly at both the ballot box and in the courts over the past decade. Voters upheld the practice in 2014 by rejecting a ballot initiative to end it, with 57% voting against the measure. The Montana Supreme Court reaffirmed the constitutional protections for same-day registration in 2024, striking down a 2021 law that would have eliminated late registration before Election Day and noting that more than 70,000 voters had used the practice since it began in 2006. The current challenge to Senate Bill 490 represents the latest legislative effort to restrict the window for same-day registration. With Montana's primary election scheduled for June 2, 2026, the injunction ensures that same-day registration will remain available for the full day during that contest. Tribal organizations joined the legal challenge alongside the Montana Federation of Public Employees, underscoring the significance of Election Day registration for rural and Native American voters in the state.

What's Next

The preliminary injunction remains in place through the trial, which is scheduled for late August. Montana's primary election on June 2, 2026, will proceed with Election Day registration available for the full day, preserving the practice for federal, state, and local races. The trial will ultimately determine whether Senate Bill 490 can take effect. Depending on the outcome at the district court level, the case could return to the Montana Supreme Court for further review, following the pattern of prior election registration disputes in the state.