Montana Judge Blocks Student Voter Residency Restriction
A district court judge ruled that new registration limitations likely violate the Montana constitution.
Updated on Oct. 28, 2026 in Elections
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In February 2026, a Montana state judge blocked a new law that sought to restrict student voter registration to those intending to make the state their permanent home. The ruling temporarily halts the enforcement of the residency requirements while a final decision remains pending.
Why it matters
The lawsuit centers on whether students in educational programs can be required to prove permanent residency to participate in local elections. Supporters argue that restricting registration prevents non-residents from impacting state outcomes, while challengers cite long-standing protections for student voters.
A 1979 Supreme Court ruling established the right of students to register in their academic communities, contrasting with the 2025 legislative change that imposed residency tests. The final verdict on the law's validity is still under investigation by the court.
The players
Jason Marks
He is the Missoula County Judge who presided over the legal challenge to the student voter registration law.
Montana Legislature
This is the state governing body that passed the 2025 legislation restricting registration for temporary students.
The details
Missoula County Judge Jason Marks issued the preliminary ruling after determining the law likely infringes upon state constitutional protections. Until a final judgment is reached, the previous registration rules remain in effect for Montana students.
Timeline
1979: The Supreme Court affirmed the right of students to register in college towns.
2025: The Montana legislature passed a new voter residency restriction for students.
February 2026: Judge Jason Marks ruled the restriction likely violates the state constitution.
October 2026: A court hearing was held regarding the legality of the voter residency law.
Political Context
This case follows the pattern set by the 1979 Supreme Court ruling on student voter registration to evaluate the constitutionality of state-level residency laws. It reflects ongoing legal tension between legislative attempts to define residency and established federal protections for student voters.
Students in Montana are currently able to register under the previous rules while the final court decision is pending. This means that for the upcoming midterm elections, the immediate burden of proving permanent residency for registration purposes is removed.
The takeaway
The court's decision highlights the ongoing legal struggle over residency definitions in college towns across the country. Students should monitor local election office guidance to ensure their registration status remains valid as litigation continues.
Further reading
For additional context, visit the Elections section of our site.
Source note: This article includes information reported by KLCC | NPR for Oregonians.
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