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Montana Judge Strikes Down Birth-Year Requirement for Absentee Ballot Envelopes

A Montana judge has struck down the birth-year requirement for absentee-ballot return envelopes. Missing a birth year cannot, by itself, be used to reject a 2026 general-election absentee ballot.

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By Steven Bullcoming Haworth
Collaborator: Corry Bullcoming Haworth
Truth in Focus | Montana Elections | October 7, 2026

HELENA, Mont. — A Lewis and Clark County District Court judge has struck down Montana’s requirement that absentee voters write their birth year on the return envelope, changing how county election offices will handle ballots just before the November 3 general election.

Judge Mike Menahan ruled the birth-year requirement unconstitutional. Montana Free Press reported that nearly 6,000 ballots had been rejected since the requirement took effect in 2025 because voters omitted or incorrectly wrote the year of birth.

What voters need to know

Under the ruling, a 2026 general-election absentee ballot cannot be rejected solely because the return envelope is missing the voter’s birth year. Current reporting also says the Montana Secretary of State’s Office has told election officials that no ballot will be rejected on that basis.

The ruling does not eliminate the signature requirement or the other instructions that come with an absentee ballot. Voters should still carefully follow the directions in their ballot packet, sign the return envelope, return the correct materials, and make sure the ballot reaches the appropriate election office by the legal deadline.

The Montana Secretary of State says absentee ballots for the general election are scheduled to be mailed to registered absentee voters by October 9. Election Day is Tuesday, November 3, 2026.

Why the requirement was challenged

The birth-year rule came from legislation enacted in 2025 and was defended as an election-verification measure. Disability Rights Montana and Big Sky 55+ challenged the requirement, arguing that it unnecessarily burdened voters, including older voters and voters with disabilities.

Menahan’s ruling found that the state had not shown that requiring the birth year justified the burden created when lawful ballots were rejected. Montana Free Press reported that nearly 6,000 votes had been affected since the requirement took effect.

What to do if you vote absentee

Truth in Focus recommends relying on the instructions included with your ballot and on current information from your county election administrator and the Montana Secretary of State. Voters can also use the state’s voter resources to check registration and ballot status.

Because election litigation can continue after a district-court ruling, Truth in Focus will update this report if a higher court issues a stay, an appeal changes the rule, or state election officials issue materially different guidance before ballots are returned.

Sources

Montana Free Press — State judge strikes down ballot envelope birth year requirement

Montana Secretary of State — 2026 Voter Information Pamphlet and election timeline

Montana Secretary of State — Voting by Absentee Ballot


Copyright © 2026 Steven Bullcoming Haworth & Corry Bullcoming Haworth. All rights reserved.

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