Montana Democratic Party v. Jacobsen
Held that laws eliminating election day registration, limiting the forms of acceptable identification for voting, and placing additional burdens on young voters violated the state constitution. Held that when a law minimally burdens the right to vote, but does not impermissibly interfere with it, a “middle-tier” of scrutiny is appropriate.
Related Commentary
Case Trends: State Courts Shape the Right to Vote
State high courts continue to settle disputes over voting and election processes, including obstacles to by-mail voting — and to define the right to vote under their own constitutions.
New Jersey’s Constitution Allowed Women to Vote in the 1700s
Though the right was short-lived, it’s an example of how states can expand — and contract — voting rights.
Abortion Rights and Transgender Rights Are Intertwined
As federal courts use the rollback of abortion rights to undermine protections for trans people, Montana’s high court has extended rights in both areas.
Washington Supreme Court to Assess How Closely to Scrutinize Voting Restrictions
The court will decide whether its state constitution provides stronger protection for voters than the federal counterpart.