Montana Code Annotated

Mont. Code Ann. § 13-1-111 (2026)

Qualifications Of Voter

✓ current as of May 2026

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TITLE 13. ELECTIONS

CHAPTER 1. GENERAL PROVISIONS

Part 1. General Provisions

Qualifications Of Voter

13-1-111. Qualifications of voter. (1) A person may not vote at elections unless the person is:

(a) registered as required by law;

(b) 18 years of age or older;

(c) a resident of the state of Montana and of the county in which the person offers to vote for at least 30 days, except as provided in 13-2-514; and

(d) a citizen of the United States.

(2) A person convicted of a felony does not have the right to vote while the person is serving a sentence in a penal institution.

(3) A person adjudicated to be of unsound mind does not have the right to vote unless the person has been restored to capacity as provided by law.

History: En. Sec. 6, Ch. 368, L. 1969; amd. Sec. 1, Ch. 120, L. 1971; amd. Sec. 2, Ch. 158, L. 1971; amd. Sec. 1, Ch. 40, L. 1973; R.C.M. 1947, 23-2701; amd. Sec. 3, Ch. 273, L. 2007.

Notes of Decisions

Cited in 9 cases, 1986–2020 · leading case: Olson v. Dep't of Revenue, 726 P.2d 1162 (Mont. 1986).

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Olson v. Dep't of Revenue, 726 P.2d 1162 (Mont. 1986). · cites it 9× “Appellants subsequently moved the court to enter a partial summary judgment that Section 13-1-111(1) (c) is unconstitutional *468 as applied to them.”

Roper v. Simmons, 543 U.S. 551 (2005). “IV, §2; Mont. Code Ann. §13-1-111 (2003) Nebraska 18 Neb.”

Reichert v. State Ex Rel. Mcculloch, 2012 MT 111 (Mont. 2012). · cites it 2× “" Section 13-1-111(1)(a), (c), MCA. Thus, in requiring the person to be a "qualified elector of the supreme court district," LR-119 would effectively create two new qualifications for Supreme Court justice: at the time of election or appointment, the justice (a) must be…”

Thompson v. Oklahoma, 487 U.S. 815 (1988). “IV, §2; Mont. Code Ann. §13-1-111 (1987) Neb. Neb.”

Montana Democratic Party v. Eaton, 581 F. Supp. 2d 1077 (D. Mont. 2008). · cites it 2× “Part of that process is set forth in MontCode Ann. § 13-1-111, which provides that “a person may not vote at elections unless the person is .”

Voting Rights Coalition v. Wilson, 60 F.3d 1411 (9th Cir. 1995). “IV, § 2; Mont.Code Ann. § 13-1-111 (1994); Or. Const, art.”

Porter v. Jones, 518 F.3d 1181 (9th Cir. 2008). · cites it 2× “BOWEN slavery voters from Missouri crossing the border to counter pro-abolition voters from New England.”

Greenwood v. Dep't of Revenue, 2020 MT 149 (Mont. 2020). · cites it 2× “Greenwood represented himself to be a Montana resident during the 2008 to 2012 audit years when he voted in Montana elections, see § 13-1-111(1), MCA (“A person may not vote at elections unless the person is .”

Bischoff v. High Sch. Dist. No. 4, 749 P.2d 533 (Mont. 1988). · cites it 3× “Under Section 20-20-303, MCA, an elector’s qualifications may be challenged under either Section 13-2-404, MCA, or Section 13-13-301, MCA. Section 13-2-404 governs challenges prior to the election and Section 13-13-301 provides for challenges made on election day and is the…”

— Mont. Code Ann. § 13-1-111(1) — 2 cases

Olson v. Dep't of Revenue, 726 P.2d 1162 (Mont. 1986). “Appellants subsequently moved the court to enter a partial summary judgment that Section 13-1-111(1) (c) is unconstitutional *468 as applied to them.”

Greenwood v. Dep't of Revenue, 2020 MT 149 (Mont. 2020). “Greenwood represented himself to be a Montana resident during the 2008 to 2012 audit years when he voted in Montana elections, see § 13-1-111(1), MCA (“A person may not vote at elections unless the person is .”

— Mont. Code Ann. § 13-1-111(1)(a) — 1 case

Reichert v. State Ex Rel. Mcculloch, 2012 MT 111 (Mont. 2012). “" Section 13-1-111(1)(a), (c), MCA. Thus, in requiring the person to be a "qualified elector of the supreme court district," LR-119 would effectively create two new qualifications for Supreme Court justice: at the time of election or appointment, the justice (a) must be…”

— Mont. Code Ann. § 13-1-111(1)(c) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.