On Friday, America First Legal (AFL), with co-counsel Christopher Mills, filed a critical brief in the United States Supreme Court supporting the request for Supreme Court review filed by Montana’s Secretary of State in Christi Jacobsen v. Montana Democratic Party, et al.
The Montana State Judiciary has blocked the implementation of the following duly enacted state election integrity laws:
- HB 506—Making it illegal for absentee ballots to be distributed to people who are not yet eligible to vote;
- HB 176—Establishing the registration cutoff at noon the day before the election, rather than permitting people to register and vote the day of;
- HB 530, § 2—outlawing paid ballot harvesting;
- SB 169—making student IDs a secondary form of identification, requiring a supporting document (such as a non-photo ID, a utility bill, bank statement, etc.)
AFL’s brief argues that Supreme Court oversight is necessary to restore the constitutional balance of powers concerning state election laws. The Montana State Supreme Court is usurping the constitutionally allocated power of the State Legislature by striking down four important election integrity laws just weeks before the election. The Elections Clause of the United States Constitutions has always granted state legislatures—not State judiciaries—“broad power to prescribe the procedural mechanisms for holding congressional elections.”
Despite the Framers’ conscious choice to vest power in elected state legislators, the State Judiciary is broadly applying a generic “free and open” elections clause in the State constitution to second-guess the Legislature’s policy decisions and strike down commonsense election integrity measures. The Elections Clause allows only Congress to “make or alter” state regulations of the “Manner” of congressional elections.
AFL is proud to file this brief in support of the Montana Secretary of State and the right under the law for all Americans to cast their ballots securely.
Statement from Gene Hamilton, America First Legal Executive Director:
“Across the United States, the American people have voiced their justifiable concerns about the integrity of our election system. And many state legislatures are responding with laws to protect our electoral process. But lawfare by opponents of election integrity has led to radical court decisions preventing these critical election integrity measures from going into effect. The Supreme Court should grant the petition for review in this case and provide clarity to all regarding the appropriate standard to apply when reviewing challenges to state election laws,” said Gene Hamilton.
Read the brief here.
