Montana Judge Struck Down Ballot Birth Year Requirement
The ruling prevents disqualification of absentee ballots that omit a birth year in the 2026 general election.
Updated on Oct. 6, 2026 in Elections
Live Poll
Should states require specific voter information on ballot envelopes to ensure election security?
A Montana district judge ruled that a state law requiring voters to write their birth year on absentee ballot envelopes is unconstitutional. The decision ends a requirement that has caused nearly 6,000 ballots to be disqualified across the state since 2025.
Why it matters
The court found that the state failed to provide sufficient evidence that the requirement actually prevents voter fraud, as originally claimed by the 2025 Legislature. By invalidating the rule, the court ensures that thousands of voters will not be disenfranchised in the upcoming general election.
The requirement previously led to the rejection of 627 ballots in the 2025 Billings mayoral race alone, a contest where the margin of victory was only 200 votes. Officials are now updating procedures before the 2026 general election.
The players
Mike Menahan
He is the Lewis and Clark County District Court Judge who presided over the lawsuit challenging the state election law.
Christie Jacobsen
She serves as the Montana Secretary of State and was the primary defendant in the lawsuit brought against the birth year requirement.
Disability Rights Montana
This is an advocacy organization that promotes the legal rights and independence of people with disabilities in the state.
Big Sky 55+
This is an advocacy group focused on protecting the interests and rights of older Montanans through policy engagement.
The details
Judge Mike Menahan issued the order after Disability Rights Montana and Big Sky 55+ challenged the statute in Lewis and Clark County District Court. Prior to this ruling, county election offices were forced to manually contact voters to resolve missing birth year information on their absentee ballots.
Timeline
Fall 2025: The birth year requirement first caused ballot disqualifications during municipal elections.
Monday, October 5, 2026: Judge Mike Menahan ruled the birth year requirement unconstitutional.
Friday, October 9, 2026: Election administrators are scheduled to mail absentee ballots to voters.
Political Context
The ruling serves as a check on the broader efforts by the 2025 Montana Legislature to implement stricter voter verification mandates. Opponents of the court decision argue that such requirements are necessary components of election security, whereas advocates for the plaintiffs contend the rules create unnecessary barriers for eligible voters.
Montana voters using absentee ballots no longer face the risk of disqualification for failing to write their birth year on the envelope. This change simplifies the return process and removes a technical requirement that previously required county election staff to follow up with voters to correct missing information.
The takeaway
The court ruling restores the ability of voters to have their absentee ballots counted without fear of rejection due to minor omissions. Voters should continue to carefully follow all other remaining instructions on their ballot envelopes to ensure their vote is processed correctly.
Further reading
For more on the state's voting procedures and recent changes, visit the Montana Elections page.
Source note: This article includes information reported by Montana Free Press.
Live Poll
Should states require specific voter information on ballot envelopes to ensure election security?
