House Passes Bill Defining Residency Rules for Voting, Potentially Excluding College Students

Sponsor says intention, not physical presence, should determine voting rights in Montana

By Micah Drew for the Daily Montanan

The vast majority of students attending Montana’s two flagship universities do not initially come from Missoula or Gallatin counties. Under a proposed bill which passed the Montana House this week, those students might no longer have a say in local elections that impact their daily lives.

House Bill 413, introduced by Representative Jane Gillette, R-Three Forks, adds definitions to a section of Montana law related to residency requirements for voters and candidates for the Legislature. The law currently states that individuals cannot gain residency in a county if they are there for “temporary purposes, without the intention of making that county the individual’s home.”

Calling the law vague, Gillette’s proposal defines temporary purposes as including “temporary work, training, or an educational program,” and includes requiring a voter’s intention to make the county an individual’s permanent home at the conclusion of their temporary purpose.

But many opponents to the bill said this could constrain, or outright remove, voting rights from thousands of students in Montana.

Representatives from both the University of Montana and Montana State University spoke against the bill during a hearing before the House State Administration Committee on February 20, saying it unfairly targeted students’ voting rights. Under the law, out-of-county students would be ineligible to vote in their local elections while those from other states wouldn’t be eligible to vote at all, without proper intent to stay.

“A student from Wyoming who pays Montana taxes works here year-round and volunteers at the Gallatin Valley Food Bank is no less a resident simply because they haven’t decided where to live after graduation,” said Isabelle Watson, with the Associated Students of Montana State University. “Thousands of out-of-state students at MSU could lose their right to vote in local elections that shape housing policies, transit systems and minimum wage laws, all of which are decisions directly impacting their daily lives.”

Gillette said her bill is not aimed at students.

“This is aimed at individuals who might be coming in to, you know, work in the oil fields, or coming in to be a traveling nurse. It’s not aimed at students,” she told the committee.

Currently, Montana laws have varying degrees of requirements for defining “residency.”

To obtain a state driver’s license an individual must reside in Montana for more than 30 days to be considered a resident. For hunting and fishing licenses, however, individuals must be in the state for 180 consecutive days and live in the state for at least 120 days a year to remain a resident — unless they’re a member of the armed services or an enrollee of a job corps camp in the state, in which case it only takes 30 days. There is a one-year requirement before “residents” can bid for a public contract.

The Montana University System, however, had more stringent requirements due to the cost difference in tuition for residents and non-residents. To be considered a resident and qualify for in-state tuition, the system requires “evidence of intent to stay,” which includes registering a vehicle, obtaining a driver’s license, and registering to vote.

Watson said that HB 413 would require students to prove their intent to remain in Montana, and their county of schooling permanently in order to vote.

“But intent is impossible to measure fairly,” she said.

Committee Chairman Representative Gary Parry, R-Colstrip, also latched onto that idea, asking Gillette how she would measure intent.

“What’s the stick? If we put this in law, how is somebody supposed to determine your intent, when you may not know your intent? There’s no stick,” he said.

Gillette said it would come down to a “good faith effort” for individuals registering to vote to consider their own intent.

The bill passed through committee on an 11-8 party line vote, and drew additional debate on the House floor on Wednesday.

Representative Peter Strand, D-Bozeman tried to amend the bill to further define temporary with a two-week timeframe, but Gillette pushed back on that limitation. She said an individual could be in a community for 14 days or two years, and still be there temporarily.

She used an example of when she traveled for her work as a dentist, sometimes spending several months in different communities, but never considered them her residence — that was always back home where her family was.

“I’m not sure what the big deal is,” she said. “If you, let’s say, come to Three Forks and you get a job at the talc plant and you’re there you think temporarily, and meet the love of your life… and you think gosh, maybe I don’t intend to go back to Colorado, maybe I think I might stay here, my intentions might be changing. That’s fine. You can vote in Gallatin County if that’s what you want to do.”

Representative Zooey Zephyr, a Missoula Democrat who represents House District 95 comprising the UM campus and much of the University District neighborhoods, further advocated for the many students she represents.

“It’s not our obligation to say, ‘Do you know whether or not you’re going to be here? Hey, are you coming to Missoula College to get that nursing degree and then are you going to go do travel nursing before you come back home? You should know that now as a freshman before we give you your right to vote,’” Zephyr said. “If you ask many freshmen, they’re changing majors, they’re uncertain. But what we do know for certain, is that they live in these states and they should be able to vote on those laws.”

According to a recent report from Inside Higher Ed, 27 states have passed voting laws since 2020 that impact university students, including requiring state IDs, restricting absentee voting, and including stricter residency requirements.

Representative Brian Close, D-Bozeman, pointed out that there is clear precedent at the U.S. Supreme Court level finding laws like the proposed HB 413 unconstitutional, and that the legislation would likely end up in Montana courts.

“You’re just looking at another 7-0 decision against you,” Close said.

Gillette maintained her bill was simply about adding clarity to existing law, and that the goal was not to target specific populations or strip away students’ voting rights.

The bill passed third reading 56-42 and will next head to the Senate for further consideration.