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The high court declined to hear the case in a brief order
without explaining its reasoning, as is typical.
Montana was appealing a ruling that struck down two
Republican-sponsored election laws. The state was relying on the
independent state legislature theory, which holds that state
judges shouldn’t be allowed to consider election cases at all.
Montana Secretary of State Christi Jacobsen, a Republican,
argues that only lawmakers have sway over state elections under
the U.S. Constitution. She asked the justices to consider the
case after the state’s highest court struck down laws ending
same-day voter registration and prohibiting paid ballot
collection.
The Montana Democratic Party, joined by tribal organizations and
youth groups, argued the laws made it more difficult for Native
Americans, new voters, the elderly and those with disabilities
to vote.
Courts found the laws violated the rights of voters as protected
under the state constitution.
The Supreme Court largely rejected the independent state
legislature theory in a 2023 case known as Moore v. Harper. That
case out of North Carolina focused on a legal argument that
electoral maps can’t be challenged in court.
Still, the opinion left the door open for more legal wrangling
by indicating there could be limits on state court efforts to
police elections.
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