Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Montana hearing on bill to define 'unsound mind' for voting draws sharp opposition from disability, civil-rights groups
Summary
Sponsor says HB395 would close a judicially exposed loophole by defining 'penal institution' and 'unsound mind' for voting law; DOJ backed the need for legislative guidance, while disability advocates, the ACLU and others warned the bill's broad language could disenfranchise seniors, people with disabilities and other vulnerable voters and risk constitutional litigation.
Representative Braxton Mitchell opened House Bill 395 by saying the measure seeks to fix gaps in Montana law and the Constitution after litigation during the 2024 election cycle produced a court order that allowed at least one person at the Montana State Hospital to register to vote. “This attempts to close a loophole by defining penal institution and unsound mind,” Mitchell said, describing a court finding that relied on absent statutory definitions.
Michael Russell, civil bureau chief at the Montana Department of Justice, testified in support and referenced an Attorney General opinion and ongoing Deer Lodge County litigation; he said the lack of definitions produced "absurd results" such as someone serving a felony sentence but housed at a treatment facility being treated as eligible to vote. Russell urged the…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
