Supreme Court rejects Republican-backed Montana case based on controversial election law theory

WASHINGTON — The Supreme Court on Tuesday turned back an election law case out of Montana that relied on a controversial legal theory with the potential to change the way elections are run across the country.

The high court declined to hear the case in a brief order without explaining its reasoning, as is typical.

Montana was appealing a ruling that struck down two Republican-sponsored election laws. The state was relying on the independent state legislature theory, which holds that state judges shouldn’t be allowed to consider election cases at all.

Montana Secretary of State Christi Jacobsen, a Republican, argues that only lawmakers have sway over state elections under the U.S. Constitution. She asked the justices to consider the case after the state’s highest court struck down laws ending same-day voter registration and prohibiting paid ballot collection.

The Montana Democratic Party, joined by tribal organizations and youth groups, argued the laws made it more difficult for Native Americans, new voters, the elderly and those with disabilities to vote.

Courts found the laws violated the rights of voters as protected under the state constitution.

The Supreme Court largely rejected the independent state legislature theory in a 2023 case known as Moore v. Harper. That case out of North Carolina focused on a legal argument that electoral maps can’t be challenged in court.

Still, the opinion left the door open for more legal wrangling by indicating there could be limits on state court efforts to police elections.