State of Montana

Montana Date of Birth Requirement Challenge 

Disability Rights Montana v. Jacobsen

A pro-voting lawsuit challenging the state’s onerous date of birth verification requirement for absentee voting process.

Background

Plaintiffs — including  Disability Rights Montana and Big Sky 55+ — filed a lawsuit challenging House Bill 719 requiring voters to include their date of birth on the absentee ballot envelope. Under HB 719, ballots will not count unless the signature and the date of birth on the absentee ballot match those on the voter’s registration and absentee ballot application. Plaintiffs argue that these new restrictions double the opportunity for rejection of absentee ballots in violation of the state constitution and the Civil Rights Act. They ask the court to block enforcement of the law.

Why It Matters

Absentee voting is the primary voting method for Montana voters. In 2024, more than 80% of Montanans cast absentee ballots. Plaintiffs fear the new requirement could disenfranchise thousands of voters.

Latest Updates

  • May 23, 2025: Plaintiffs filed their complaint.

Case Documents