Opposition to HB286- Proof of Citizenship- Montana Legislature 2025

I am writing to express strong opposition to HB 286, a bill that would require proof of citizenship for voter registration and direct the Secretary of State to maintain and enforce procedures to determine and record citizenship status of electors. This bill is both unnecessary and in direct conflict with constitutional principles, including those enshrined in the Montana Constitution.

Constitutional Concerns Under the Montana Constitution

1. Equal Protection and Nondiscrimination (Article II, Section 4):The Montana Constitution states that "no person shall be denied the equal protection of the laws." HB 286 introduces a discriminatory barrier by requiring certain individuals—primarily younger voters and new registrants—to provide citizenship documentation that existing electors were not required to present. This creates a two-tiered system of electoral participation based solely on the date of voter registration, raising serious concerns about fairness and equal treatment under the law. Additionally, this disparate impact could lead to violations of age discrimination protections, further undermining the principle of equality.

2. Right of Participation (Article II, Section 8) and Right to Know (Article II, Section 9):These provisions of the Montana Constitution ensure that every citizen has the right to participate in government and that the government is accountable to the people. Requiring burdensome proof of citizenship disproportionately impacts marginalized communities, including rural, elderly, and Indigenous Montanans, by creating unnecessary barriers to participation. This hinders their ability to exercise their right to vote—a foundational element of participating in government.

3. Fundamental Right to Vote (Article II, Section 13):The Montana Constitution explicitly protects the right of citizens to vote, stating that "all elections shall be free and open." Requiring proof of citizenship undermines this principle by imposing administrative hurdles that restrict access to the ballot. When registering to vote, applicants already affirm their citizenship under penalty of perjury, making this additional requirement redundant and punitive rather than protective.

   
   

Additional Concerns:

1. Unnecessary Burdens:Requiring proof of citizenship would create significant barriers for eligible voters, particularly those who face disproportionate challenges in accessing documentation, such as naturalized citizens, individuals born at home or without standard documentation, or those living in rural or economically disadvantaged areas. These barriers do nothing to enhance election security but instead suppress legitimate participation.

2. Ineffectiveness of Proposed Measures: HB 286 addresses a problem that does not exist. Montana already has safeguards in place, such as the requirement for voters to affirm their citizenship under penalty of perjury. There is no evidence of widespread voter fraud involving non-citizens in Montana, making this legislation a solution in search of a problem.

3. Potential for Lawsuits and Fiscal Impact: HB 286 risks exposing Montana to costly litigation on constitutional grounds, including age discrimination and equal protection claims. Legal challenges could result in significant taxpayer expense, further burdening the state without providing any tangible benefits.

HB 286 is a misguided piece of legislation that infringes upon constitutional protections, creates unnecessary barriers to the democratic process, and addresses no legitimate issue. Montana's Constitution guarantees the right to vote freely and equally, and it is the duty of legislators to uphold these principles, not undermine them.

I urge you to vote against HB 286 and to instead focus on measures that expand access to voting and strengthen democracy for all Montanans.