Montana Legislature revises election residency laws for temporary residents

The Montana Legislature has introduced House Bill 413, aimed at revising election laws concerning residency for temporary residents. Proposed by Representative J. Gillette, the bill was introduced on February 7, 2025, and seeks to clarify the rules governing residency for voting and legislative candidacy.

The primary focus of HB 413 is to amend Section 13-1-112 of the Montana Code Annotated, which outlines the criteria for determining an individual's residency status. The bill emphasizes that residency is defined by an individual's fixed habitation and their intention to return, even if temporarily absent. It also stipulates that individuals cannot lose their residency status while involuntarily confined in public institutions or solely due to military service.

Key provisions include clarifications that military personnel stationed in Montana do not gain residency solely from their service, and that individuals who temporarily leave the state with the intent to return maintain their residency status, provided they do not vote in another state during that time.

The introduction of this bill has sparked discussions among lawmakers and constituents, particularly regarding its implications for voting rights and the potential impact on transient populations, such as seasonal workers and students. Some advocates argue that the bill could disenfranchise certain groups, while supporters believe it will help maintain the integrity of Montana's electoral process.

The bill's immediate effective date, if passed, could lead to swift changes in how residency is determined for voting purposes in Montana. As the legislative session progresses, further debates and potential amendments are expected, with stakeholders closely monitoring its developments. The outcome of HB 413 could have significant implications for the state's electoral landscape, particularly in how it accommodates or restricts the voting rights of temporary residents.