Montana Court Overturns Absentee Ballot Law
A district court judge ruled that a state law requiring birth years on absentee ballot envelopes is unconstitutional.
Updated on Oct. 23, 2026 in Elections
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Following an Oct. 5 ruling by a Lewis and Clark County District Court judge, Flathead County election officials have stopped rejecting ballots that lack a birth year. The court determined the 2025 state law mandating the inclusion of birth years on absentee envelopes is unconstitutional.
Why it matters
The change removes a significant hurdle that previously resulted in hundreds of rejected ballots during recent local elections. It simplifies the voting process for tens of thousands of Montanans ahead of the upcoming November election.
Flathead County reported 53,865 absentee ballots mailed to voters as of Oct. 9, with fewer than 30 rejected so far for missing signatures. The county now serves 70,566 active voters, an increase of 3,000 electors since the June primary.
The players
Flathead County Election Department
This is the local agency responsible for administering elections and processing ballots for residents in the county.
Lewis and Clark County District Court
This state judicial body presided over the legal challenge that deemed the birth year requirement for absentee voting unconstitutional.
The details
Voters must still sign the affirmation envelope for their ballot to be counted by the county. Ballots can be returned via mail or dropped off at one of the county's three designated ballot boxes.
Timeline
May 2026 saw 200 ballots rejected for missing birth years.
June 2026 saw 160 ballots rejected for missing birth years.
Oct. 5, 2026, marked the court ruling striking down the birth year law.
Oct. 9, 2026, was the date 53,865 absentee ballots were mailed.
Nov. 3, 2026, is the deadline for ballots to reach the Election Department.
Political Context
Opponents of the 2025 law argued that the birth year requirement created unnecessary obstacles for eligible voters, particularly seniors or those with limited access to administrative assistance. Proponents of the legislation maintain that such verification requirements are essential for maintaining the integrity of the state's election systems.
Voters no longer need to worry about their ballot being rejected solely for omitting a birth year on the envelope. However, residents must still ensure their signature is on the affirmation envelope for their vote to be valid.
The takeaway
Voters should prioritize ensuring their signatures are present on ballot envelopes, as this remains the primary requirement for verification. Staying informed on recent court rulings can help voters navigate changes to state election laws effectively.
What happens next
Election Day is scheduled for Nov. 3, 2026, when all absentee ballots must be received by the Election Department to be counted.
Further reading
Learn more about the voting process in the Montana Elections section.
Source note: This article includes information reported by The Daily Inter Lake.
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