Federal Judge Temporarily Blocks Montana Law Requiring Cancellation of Voter Registrations

Montana law requiring cancellation of previous voter registrations is temporarily blocked. Judge deems it vague and overbroad.

In a recent development, a federal judge has handed down a temporary block on a controversial Montana law. The law had raised concerns as it seemed to mandate individuals to cancel their existing voter registrations before applying to vote in the state. Failure to do so could lead to felony charges against the individual.

U.S. District Court Judge Brian Morris, in his ruling, expressed agreement with the plaintiffs who contended that the law was ambiguous and overly broad. He emphasized that this vagueness could deter people from registering to vote due to the fear of facing criminal charges. The prescribed penalties for non-compliance with the law included fines amounting to a maximum of $5,000 and imprisonment for up to 18 months.

"The Court's ruling protects Montanans and their constitutional rights by ensuring that a simple act — registering to vote — does not turn Montana citizens into felons," stated Amanda Curtis, president of the Montana Federation of Public Employees, one of the plaintiffs involved in the case.

The legislator responsible for introducing the bill during the 2023 legislative session clarified that the aim was to explicitly prohibit double voting, an act already illegal under federal and state laws.

Flaws in the Legislation

Attorney Raph Graybill, representing the public employees and the Montana Public Interest Research Group, highlighted a fundamental flaw in the law. He articulated that the absence of a coherent process for individuals to revoke their previous registrations raised substantial concerns. Graybill stressed that if a law establishes a criminal offense, the regulations must be sufficiently transparent for people to avoid inadvertently committing a crime, a criterion which, according to him, the law failed to satisfy.

Lawsuit and Response

The lawsuit, filed last September, targeted Secretary of State Christi Jacobsen, Attorney General Austin Knudsen and Commissioner of Political Practices Chris Gallus. With the Attorney General's Office defending the state, it remains to be seen what steps they will take following the recent court order. Meanwhile, the law's opponents argued that the decision not to enforce an unconstitutional law does not render it constitutional.

Furthermore, Graybill pointed out that while the current voter registration form mandates individuals to declare their prior registrations, the new law did not explicitly clarify whether furnishing this information would fulfill an individual's obligation to deregister. This ambiguity had the potential to impede efforts to register new voters, a concern articulated by both plaintiffs in the case. The law's enforcement has been temporarily halted until the case is formally heard in court, as stipulated by Judge Morris.

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