On May 11, 2026, the Montana First Judicial District Court, Lewis and Clark County, issued an order ruling that Senate Bill 490, which passed during the 2025 Montana Legislative session, is enjoined and may not go into effect. As a result, voters will not lose eight critical hours of voter registration on Election Day.
“This ruling is particularly important to rural Tribal communities across Montana,” said Native American Rights Fund Senior Staff Attorney Jacqueline De León, “many of whom rely on the ability to register and cast a ballot on Election Day. Being able to register on Election Day is critical to ensuring full Indigenous participation in Montana’s electoral process.”
“The State of Montana could not provide a compelling government interest justifying this voter suppression law because there simply isn’t one,” said ACLU of Montana Deputy Director/Legal Director Alex Rate. “Election Day voter registration is secure, it’s fair, and – with this ruling – it continues to be protected in Montana.”
“Democracy works best when every eligible voter can participate freely,” said ACLU’s Voting Rights Project Senior Staff Attorney Theresa J. Lee. “Attempts to restrict access to Election Day registration disproportionately burden Native communities and undermine the promise of equal access to the ballot. This decision is a powerful reminder that the right to vote is not a privilege — it is a constitutional guarantee that belongs to all of us.”
This suit was brought by the ACLU of Montana, the American Civil Liberties Union, and the Native American Rights Fund.
Additional Plaintiff parties are represented by Graybill Law Firm, Elias Law Group, and Upper Seven Law.
Learn more about the fight to protect Native voting rights in Montana.
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