In a decisive ruling on Monday, Lewis and Clark County District Court Judge Mike Menahan declared the state‑mandated birth‑year requirement for absentee ballot return envelopes unconstitutional. The decision overturns a 2025 law that had led to the disqualification of nearly 6,000 ballots across Montana.
Why the rule was struck down
Judge Menahan found that the legislature failed to demonstrate how the birth‑year line actually prevents voter fraud. “The state does not explain how or why the addition of a birth year promotes public confidence and does not offer any evidence in support of its position,” he wrote in his order.
Disability Rights Montana and Big Sky 55+, organizations representing people with disabilities and seniors, sued the state, arguing that the requirement disenfranchised vulnerable voters. The judge agreed, noting that the rule “damages public confidence in elections because it has resulted in thousands of ballots being discarded due to missing or incorrect birth years.” He quoted the U.S. Supreme Court, stating that “discarding of lawful votes erodes public confidence that the election results reflect the people’s will.”
Impact on the 2026 election
Effective immediately, absentee ballot envelopes that omit the birth year will no longer be rejected. The change comes just in time for the 2026 general election, with the first day voters can pick up an absentee ballot already underway. Election officials will begin mailing absentee ballots to those on the absentee list on Friday, Oct. 9.
State Secretary of State Christie Jacobsen, who defended the law, has not yet indicated whether she will appeal the decision. The ruling, however, removes a significant barrier for voters, especially seniors and people with disabilities who previously faced confusing paperwork and the threat of having their votes tossed.
Local officials confirm the burden
Sarah Bell, deputy elections administrator for Missoula County, previously told the Montana Free Press that the birth‑year rule caused a tenfold increase in rejected ballots compared with the prior primary. In Billings, the 2025 mayoral race was decided by a margin of 200 votes, yet 627 ballots were discarded because they lacked a birth year—enough to potentially swing the outcome.
Some county offices had to assign staff to call, email, or write to voters whose absentee ballots were missing the required information, diverting resources from other essential election duties.
What this means for Montanans
The decision aligns with the broader principle of protecting individual liberty and ensuring that government does not impose unnecessary hurdles on the fundamental right to vote. By eliminating an arbitrary requirement, the ruling helps preserve confidence in the electoral process and safeguards the voices of families, seniors, and disabled citizens across the state.
Montana voters can now focus on the issues that matter to their communities without fearing that a simple clerical omission will silence their ballot.
Original reporting: Alexandria, VA News – WTOP News — read the source article.
