Voting rights groups filed suit Friday to block a new law that forces Montana voters to include their date of birth on both their absentee ballot application and the ballot envelope, or risk having their vote tossed.
The plaintiffs, including Disability Rights Montana and Big Sky 55+, call it unnecessary, burdensome and a solution in search of a problem.
“HB 719 will disenfranchise voters without sufficient justification,” the complaint alleges. “It violates Montana’s Constitution, which guarantees Montanans the right to suffrage.”
Before HB 719, election officials confirmed absentee voter identity by matching signatures. The new law now requires an additional match between the date of birth on the envelope and what’s on file. If there’s a mismatch, like if the voter accidentally writes the date they sent the envelope, the ballot will be rejected.
The complaint also points to national data showing rejection rates soar in states that add birthdate matching, up to five times the national average.
Beyond violating the Montana constitution, the plaintiffs also argue the law violates the Civil Rights Act’s “materiality provision,” which bans rejecting votes based on errors immaterial to voter eligibility.
The stakes are especially high in Montana, where over 80% of voters now vote through absentee ballots.
“There is simply no good justification for adding yet another requirement on Montana voters to fix a system that is already working perfectly well,” the complaint adds. “Where the only impact it will ultimately have is to burden or exclude lawful, qualified voters.”
The plaintiffs are asking a state court to strike down HB 719 before it can impact voters in the 2026 election cycle.
Disability Rights Montana is represented by the Elias Law Group (ELG). ELG Firm Chair Marc Elias is the founder of Democracy Docket.