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Full Breakdown

Montana Court Blocks Restriction on Election Day Registration for Federal Races

5/12/2026, 6:23:52 AM

Core Event: Injunction Halts Senate Bill 490

On Friday, District Judge Adam Larsen issued a preliminary injunction preventing Senate Bill 490 from taking effect. The bill would have barred anyone who registered after 12 p.m. on Election Day from voting in presidential, U.S. Senate and U.S. House contests. The order remains in force pending a trial scheduled for August.

Background & Context

Montana has allowed same-day voter registration since 2006. In 2014, 57 % of voters rejected a ballot measure to end the practice. A 2021 law that cut registration at noon the day before the election was struck down by the Montana Supreme Court in 2024, which cited an “unequivocal fundamental right” and noted that more than 70,000 voters had used Election Day registration. SB 490, passed in the 2025 legislative session, sought to re-impose a noon cutoff for federal races only.

Key Figures & Groups

  • Plaintiffs – Montana Federation of Public Employees (president Amanda Curtis), the Blackfeet and Northern Cheyenne tribes, and youth-voting groups, represented by the Elias Law Group (Marc Elias).
  • State – Attorney General Austin Knudsen and spokesperson Chase Scheuer.
  • Advocacy – Jacqueline De León (Native American Rights Fund) and Alex Rate (deputy director, ACLU of Montana).

Data & Statistics

  • Over 70,000 Montanans have used Election Day registration since its inception.
  • At least 400 polling places must stay open from 7 a.m. to 8 p.m.; smaller sites may open at noon.
  • The court noted that “a substantial number of Montana voters rely on Election Day registration, including during afternoon hours.”

Why It Matters

The injunction preserves a voting option that could influence the 2026 midterm elections. The court found SB 490 would disproportionately burden Native American voters—who often travel long distances and lack reliable transport—and young voters, who face scheduling constraints and frequent moves. Administratively, the law would have forced officials to track registration times and issue separate ballots for state and federal contests, creating a confusing two-track system.

Official Statements & Responses

  • Court order: “Election Day registration shall remain available to all eligible voters for the full duration of Election Day, consistent with the practices in place prior to the enactment of SB 490.”
  • State’s view: “Unrestricted voter registration on Election Day puts an undue burden on Montana’s election administrators who have very important jobs ensuring our elections are secure and run smoothly.” – Chase Scheuer.
  • The court concluded the state offered no competent evidence that SB 490 would reduce administrative burdens or improve efficiency, and found no evidence of voter fraud.

Criticism & Opposition

Jacqueline De León stressed that the ruling is “particularly important to rural Tribal communities across Montana.” Alex Rate argued the state “could not provide a compelling government interest” for the restriction. The court echoed these concerns, noting that the law “disproportionately impacts Native American voters and young voters,” triggering heightened constitutional scrutiny.

Verbatim Quotes

  • “The record demonstrates that SB 490 will prevent some otherwise eligible voters from casting ballots in federal elections,” — First Judicial District Court
  • “Unrestricted voter registration on Election Day puts a undue burden on Montana’s election administrators who have very important jobs ensuring our elections are secure and run smoothly,” — Chase Scheuer, spokesperson for Attorney General Austin Knudsen
  • “This ruling is particularly important to rural Tribal communities across Montana,” — Jacqueline De León, senior staff attorney, Native American Rights Fund
  • “The State of Montana could not provide a compelling government interest justifying this voter suppression law because there simply isn’t one,” — Alex Rate, deputy director, ACLU of Montana
  • “The undisputed record further demonstrates that SB 490 disproportionately impacts Native American voters and young voters,” — First Judicial District Court

Conflicting Reports & Gaps

State officials claimed SB 490 would ease election administration, yet the court found no supporting evidence. Sources do not provide a quantitative estimate of how many voters would have been barred after noon.

What’s Next

The injunction stays in effect through the August trial, preserving full-day registration for the June 2 primary and the 2026 midterms. The case will continue to test SB 490’s constitutionality.