State judge strikes down Montana’s ballot envelope birth year requirement

A Montana state judge declared a controversial absentee ballot requirement unconstitutional on Monday, potentially releasing thousands of previously rejected votes. The ruling by Lewis and Clark County District Court Judge Mike Menahan found the 2025 law, which mandated voters include their birth year on return envelopes, had disenfranchised around 6,000 Montanans.

Initially enacted by the Legislature, the requirement was initially intended to prevent voter fraud. However, the judge determined the state had not proven the rule effectively deterred fraud, despite the issuance of thousands of rejected ballots due to missing birth years. Disability Rights Montana and Big Sky 55+, representing seniors and people with disabilities, filed the lawsuit challenging the constitutionality of the law.

The judge emphasized that discarding lawful votes undermines public confidence in election outcomes. The birth year requirement, which went into effect during municipal elections in fall 2025, led to a tenfold increase in rejected ballots compared to the primary elections held prior to its implementation. In particular, the 2025 mayoral race in Billings was decided by just 200 votes, while 627 ballots were not counted due to missing birth years.