In May, LDF filed an amicus brief in Montana Democratic Party v. Jacobsen which is currently before the Montana Supreme Court. The brief is in favor of reversing the lower court’s decision to block the implementation of several election integrity reforms passed in 2021. Plaintiffs argue that the laws are in violation of Montana’s Constitution.

LDF’s brief makes the following arguments:

1. The judiciary’s role is not to determine the prudence of a legislative decision.
2. An undisputed fact is that it is easy to both vote and register to vote in Montana.
3. The District Court erred in concluding that any burden (inconvenience) on a fundamental right, such as the right to vote, triggers strict scrutiny.
4. Election Day Registration threatens election security.
5. The state has a compelling interest in avoiding administrative chaos and insuring the purity of elections.

Litigation is currently ongoing.

LDF’s brief can be read in its entirety here.