(CN) — A federal judge in Montana on Wednesday granted a preliminary injunction against a state law that intended to stop people from voting twice in elections.
Montana Public Interest Group and the Montana Federation of Public Employees filed the challenge to House Bill 892, which expanded the state's law against double voting.
The plaintiffs suffered a diversion of resources injury because the bill hindered their ability to advise people about the Montana voter registration process, U.S. Chief District Judge Brian Morris said in his 34-page ruling.
“Plaintiffs appear to face a proverbial Hobson’s choice: attempt to conform their voter registration activities to HB 892; or cease or greatly reduce their voter registration activities for the 2024 Montana primary election and 2024 Montana general election,” Morris wrote. “Plaintiffs, should they choose to continue their voter registration activities in the face of HB 892, may subject those they register to felony criminal penalties under HB 892 either by violating the multiple voter registration prohibition or by violating the prior registration disclosure requirement.”
The defendants argued that it was too close to the eve of an election for there to be any changes to state election law, but Morris wrote that the election was still months away, set for June 4, and the judge said the injunction "likely will not lead to voter confusion and disenfranchisement."
The bill says people can’t vote in “equivalent elections” in Montana and in another state; they can’t “purposefully remain registered to vote” in more than one place; and they must provide their previous registration information when registering to vote at their new location.
Representative Lyn Hellegaard, a Missoula Republican, sponsored the bill. She said in a House meeting last year that the bill was a response to people’s concerns about the integrity of elections. The plaintiffs named Secretary of State Christi Jacobsen, Attorney General Austin Knudsen and commissioner of political practices Chris Gallus in the October suit.
Judge Morris in Wednesday's order said he had concerns that the bill was overbroad and too vague, which could confuse Montana voters of the requirements when registering to vote and would “substantially chill the protected activity of voter registration.”
“The court agrees with the plaintiffs that HB 892’s multiple registration prohibition and prior registration disclosure requirement tend to burden protected political activity through the imposition of felony criminal penalties, even when a registrant does not double vote or has no intention of double voting,” Morris wrote.
Finally, Morris said he believed an injunction was in the best interests of the public, who should not be scared to register to vote out of concern of criminal prosecution.
“The ability of Montana voters to register to vote without fear of felony criminal penalties appears to substantially implicate the public’s interest in protecting the franchise,” he wrote.
Neither party's counsel responded to requests for comment before publication.
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