Earlier this month, the Montana Supreme Court ruled that a legislative referendum to end Election Day voter registration can appear on the November 4, 2014 ballot. Called the Montana Late Voter Registration Revision Measure, LR-126, it seeks to eliminate Election Day Registration (EDR), instead closing voter registration on the Friday before Election Day.
While the court allowed the referendum to remain on the ballot, it also ordered Attorney General Tim Fox to rewrite the text of the referendum to clarify that eliminating EDR is not required by the National Voter Registration Act.
Since 2006, voters in Montana have been able to register to vote on Election Day and then cast their ballots. A total of 28,329 voters have done so.
The Attorney General’s office has not yet released revised language, and groups that support EDR have not ruled out further legal challenges if they find fault with the new version.
In 2011, the Maine legislature repealed EDR (which had been in place for almost 40 years), but EDR supporters were able to place a veto referendum on the ballot and 60% of voters supported the continuation of Election Day Registration.