In a challenge to several restrictive voting statutes, the State Democracy Research Initiative filed an amicus brief arguing that the Montana Constitution requires the court to subject laws that burden the right to vote to close judicial scrutiny. On March 27, 2024, the Montana Supreme Court reaffirmed the state constitutional right to vote and held that the challenged laws were unconstitutional.
Montana Democratic Party v. Jacobsen considers whether several restrictive voting laws violate the state constitution. A state trial court enjoined the laws, which it found would make it more difficult for young and Native American voters in particular to participate in elections. The amicus brief argues that the Montana Constitution—which guarantees “the free exercise of the right of suffrage”—requires close judicial scrutiny of restrictive voting laws.
In 2024, the Montana Supreme Court rejected federal Anderson-Burdick analysis and held that the challenged statutes violated the fundamental right to vote protected by the state constitution.