State of Montana

Montana Reproductive Rights and Democracy Ballot Initiatives Challenge (Lewis and Clark County)

Montana Securing Reproductive Rights v. Jacobsen

Lawsuit filed by Montana Securing Reproductive Rights, the Chief Medical Officer of Planned Parenthood of Montana, Dr. Samuel Dickman, and Montanans for Election Reform Action Fund against Montana Secretary of State Christi Jacobsen (R) and the state of Montana challenging Jacobsen’s directive to reject the signatures of inactive voters on a ballot initiative to enshrine reproductive rights in the state constitution and create a statewide open primary system. On June 28, 2024, Jacobsen issued a directive instructing county officials to reject the signatures of any registered voters who are listed as “inactive” in the statewide voter database. The plaintiffs allege that this directive will lead to county officials rejecting thousands of signatures. They argue that Jacobsen’s directive denies lawfully registered voters the opportunity to support an initiative petition violating the state constitution. The plaintiffs ask the court to strike down Jacobsen’s directive and order her to restore the signatures of inactive voters.

On July 16, a judge ruled from the bench and granted the plaintiffs’ motion for a temporary restraining order. As a result, the secretary of state must count petition signatures from inactive voters going forward and must restore those that were previously disqualified under her directive.

On July 18, Jacobsen turned to the Montana Supreme Court, asking them to take control of the case.

STATUS: On July 26, 2024, the trial court granted the plaintiffs’ motion for preliminary injunction. On July 23, the Montana Supreme Court denied Jacobsen’s request. Jacobsen must continue to count signatures from inactive registered voters while the case proceeds.

Case Documents (TRIAL COURT)

Case Documents (STate Supreme Court)

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