Voter Intimidation and Your Rights at the polls in Montana

Last updated: September 25, 2026 01:51 pm

A graphic reading Vote Your Rights with stickers reading Abortion Rights, Racial Justice, LGBTQ Rights, Free Speech Rights, Immigrant Rights, and Voting Rights

Updated for the November 3, 2026 General Election

Voter Intimidation

Q. What is voter intimidation?

A. Federal law prohibits intimidation, threats, coercion, and attempts to interfere with a person's right to register, vote, or have a ballot counted. Intimidation can occur before Election Day, at a polling place, while returning a ballot, or during the counting process. Knowingly communicating false information about the time, place, or manner of voting in order to prevent someone from voting may also violate federal law.

Q. What are some examples of possible voter intimidation or interference?

A. Examples may include threatening a voter with violence or other harm; aggressively questioning or harassing voters in a way intended to stop them from voting; blocking access to a polling place; impersonating an election official; deliberately giving false information about when, where, or how to vote in order to prevent voting; or targeting voters for harassment because of race, ethnicity, language, disability, or another protected characteristic. Whether particular conduct violates the law depends on the facts and circumstances.

Q. What should I do if I experience or witness voter intimidation?

A. Tell an election judge or other election official immediately. You can also contact the nonpartisan Election Protection Hotline at 866-OUR-VOTE (866-687-8683). Possible federal civil-rights violations can be reported to the U.S. Department of Justice Civil Rights Division. If there is an immediate threat of violence or danger, call 911. You may also report suspected federal criminal activity to the FBI at 1-800-CALL-FBI (1-800-225-5324).

Poll Watchers and Election Observers

Q. Are poll watchers allowed at Montana polling places?

A. Yes. Montana law permits poll watchers and election observers to observe election procedures. Montana law provides for one poll watcher from each political party to be stationed in a location that does not interfere with election procedures. Poll watchers may also observe vote-counting procedures after the polls close.

Q. What can poll watchers do?

A. Poll watchers may observe election procedures and vote counting, and may speak with an election judge about election procedures or laws so long as they do not interfere with the voting process. A registered Montana elector may challenge another elector's right to vote using the formal challenge process required by Montana law.

Q. What can poll watchers NOT do?

A. Poll watchers and observers may not disrupt election procedures, violate voter privacy, solicit information from voters about how they intend to vote or have voted, or promote a candidate or ballot issue to voters inside the polling place. Their role as observers does not authorize them to interrogate, harass, threaten, or obstruct voters.

If Your Right to Vote Is Challenged

Q. What do I do if someone challenges my qualifications to vote?

A. Do not leave simply because someone challenges your eligibility. In Montana, a challenge must follow a formal process. The challenger must be a registered Montana elector and must submit an affidavit stating the grounds for the challenge and supporting evidence. Ask an election judge to explain the process. If the challenge is resolved in your favor before a ballot is issued, you may vote a regular ballot. If the challenge cannot be resolved, you must be allowed to cast a provisional paper ballot.

Q. What if my name is not on the list of registered voters?

A. Ask the election worker to check your information carefully and contact the election office if necessary. If officials cannot verify your registration or eligibility at the polling place, ask about voting a provisional ballot. Depending on your circumstances, you may also be able to go to the county election office, complete late registration, and vote a regular ballot.

Q. What happens if I cast a provisional ballot?

A. A provisional ballot is used when election officials cannot immediately determine a voter's eligibility or identity. If additional identification or eligibility information is required, Montana's 2026 election guidance says it generally must be provided to the county election office by 5:00 p.m. on the day after the election, or mailed by the day after the election and received by 3:00 p.m. on the sixth day after the election. Ask the election official for written instructions that apply to your ballot before you leave.

Campaigning and Conduct at Polling Places

Q. Can people campaign in or around a Montana polling place?

A. Montana law prohibits electioneering at any location where a voter may obtain or vote a ballot and within 100 feet of an entrance to a building where voting or ballot distribution is taking place while that location is open. The restriction covers activity that aids or promotes the success or defeat of a candidate or ballot issue. Montana law also restricts solicitation of voters inside voting locations.

Q. Can someone ask me how I voted?

A. Inside a location where voters obtain or cast ballots, Montana law prohibits soliciting information from a voter about whether the voter intends to vote or has voted for or against a candidate or ballot issue. Your ballot is private.

Q. What role can law enforcement play on Election Day?

A. Law enforcement officers remain subject to federal and state laws protecting voters from intimidation and interference. If you face an immediate threat of violence or danger, call 911. For other voting problems, first alert an election judge or election administrator and contact Election Protection. The presence of law enforcement should not be used to intimidate eligible voters.

Assistance and Accessibility

Q. Can I receive help voting?

A. Yes. Federal law protects the right of voters who need assistance because of blindness, disability, or inability to read or write to receive help from a person of their choice, except generally the voter's employer, an agent of the employer, or an officer or agent of the voter's union. Montana election officials can also provide assistance.

Q. What rights do voters with disabilities have?

A. Montana polling places provide accessible voting options. The Secretary of State says every polling place has an accessible ballot-marking device that allows voters with disabilities to vote privately and independently. Voters who cannot enter a polling location may request curbside voting. Eligible Montana voters with disabilities may also use the Electronic Ballot Request System (EBRS) to receive and mark an absentee ballot electronically, then print and return it as instructed.

Q. What are the rules on language assistance?

A. Under Section 208 of the federal Voting Rights Act, a voter who needs assistance because of blindness, disability, or inability to read or write may receive assistance from a person of the voter's choice, subject to the employer and union exceptions described above. Additional language-access requirements may apply in jurisdictions covered by federal law.

Election Day Registration and Current Court Protections

Q. Can I still register to vote on Election Day in Montana?

A. Yes, under a current court order. Senate Bill 490, enacted in 2025, would have ended Election Day voter registration at noon. In May 2026, the Montana First Judicial District Court preliminarily blocked SB 490 from taking effect. As a result, eligible voters may continue to register through 8:00 p.m. on Election Day while that injunction remains in effect.