On March 27, 2024, the Montana Supreme Court struck down two new voting restrictions, finding that the two laws violate the Montana Constitution. One new law did away with the ability of voters to register to vote on election day. The other gave the Secretary of State authority to prohibit anyone from being paid to deliver postal ballots. Montana appealed to the U.S. Supreme Court. Jacobsen v Montana Democratic Party, 24-220.

On January 21, 2025, the U.S. Supreme Court refused to hear the case. This was somewhat surprising, because the states of Alabama, Arkansas, Florida, Indiana, Iowa, Kansas, Louisiana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia had filed an amicus curiae brief, asking the Court to take the case. In addition, the Republican Senatorial Campaign Committee had filed another amicus, also urging the court to take the case.

Montana argued that Article One of the U.S. Constitution doesn’t permit state courts to invalidate state election laws that regulate Congressional elections. Article One, section 4, says, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.” Montana argues that the word “legislature” excludes state court intervention.

The Montana Supreme Court relied on a phrase in the state constitution that says “Elections Shall be Free and Open.”

Steven Hill here sums up the deficiencies of the U.S. election system for national office, and makes the case for proportional representation for the U.S. House, which could be accomplished by congressional action.

On January 3, the city of Oxnard, California, asked the Ninth Circuit to rehear Moving Oxnard Forward v Ascension, 21-56295. The original panel had struck down the city’c limits on how much an individual may give to a candidate for City Council. Here is the brief.

The president of Moving Oxnard Forward is Aaron Starr. The city’s brief points out that Starr was elected to the City Council recently even though the campaign limits were in force at the time. Starr is a California Libertarian actvist.