Montana high court hears challenge to SB 109, plaintiffs say PSC map dilutes non‑Republican votes

The Montana Supreme Court on oral argument considered whether Senate Bill 109, which redraws Public Service Commission districts, unlawfully dilutes the voting power of Montana residents who typically support non‑Republican candidates.

"The Montana constitution prohibits the state from discriminating against its citizens' exercise of their political and civil rights on the basis of political ideology," Molly Danahy, counsel for Montana Conservation Voters and eight individual plaintiffs, told the court. Danahy urged the justices to decide the case under Article 13 (the right to suffrage) using an effects‑based test for vote dilution, saying the record shows SB 109 "ensures only Republicans will be elected to the Public Service Commission" unless non‑Republican statewide support exceeds 50 percent.

Danahy argued plaintiffs do not need to prove partisan intent to prevail on the right‑to‑suffrage theory. She said the district court erred by treating intent as a prerequisite and that, under Montana precedent, an effects‑based showing of disparate impact is sufficient. Danahy pointed to expert ensemble simulations in the record that, she said, show maps with similar neutral…