Can Felons Vote in Montana?
Yes, you can vote in Montana with a felony conviction as long as you are not currently serving a felony sentence in a penal institution. You can vote while on parole, probation, or a deferred or suspended sentence. Re-register to vote at your county election administrator's office or through sosmt.gov.
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Overview
Montana automatically restores voting rights when a person is released from incarceration for a felony conviction. Under the Montana Constitution and MCA 13-1-111, the only disqualification is being currently confined in a penal institution while serving a felony sentence. People on parole, probation, deferred sentences, or suspended sentences are eligible to vote. A 2023 legislative change confirmed that rights are restored upon release from prison, eliminating previous ambiguity about whether completion of supervision was required. There is no waiting period, no application, and no fee — you simply re-register to vote.
Quick Answer
Yes, you can vote in Montana with a felony conviction as long as you are not currently serving a felony sentence in a penal institution. You can vote while on parole, probation, or a deferred or suspended sentence. Re-register to vote at your county election administrator's office or through sosmt.gov.
Can vote
- ✓Released from a state or federal penal institution after serving a felony sentence
- ✓On state parole
- ✓On state or federal probation
- ✓Serving a deferred sentence for a felony
- ✓Serving a suspended sentence for a felony
- ✓In a prerelease center or halfway house (not confined in a penal institution)
- ✓In county jail awaiting trial (pretrial detention)
- ✓Serving a misdemeanor sentence in county jail
- ✓Conviction has been expunged or pardoned
- ✓Completed full sentence including all supervision
Cannot vote
- ✗Currently serving a felony sentence in a state prison
- ✗Currently serving a felony sentence in a federal prison
- ✗Currently confined at Montana State Hospital while serving a felony sentence (per 2024 AG Opinion)
- ✗Found to be of unsound mind by a court and not restored to capacity
- ✗Not a U.S. citizen
- ✗Not a Montana resident for at least 30 days
- ✗Under 18 years of age
Step-by-Step Process
Confirm your eligibility
You can vote if you are not currently incarcerated in a penal institution for a felony conviction. If you are on parole, probation, a deferred sentence, or a suspended sentence, you are eligible. If you are unsure of your status, contact the Montana Secretary of State's office or your county election administrator.
Register to vote
Register to vote at your county election administrator's office, online through the Montana Secretary of State's website at sosmt.gov/elections, or by mail using a Montana voter registration form. You will need a Montana driver's license number, Montana state ID number, or the last four digits of your Social Security number.
Meet the registration deadline
You must register at least 30 days before Election Day if registering by mail or online. Late registration is available in person at your county election administrator's office up to and including Election Day. Montana offers same-day voter registration at the county election office.
Receive your voter confirmation
After registering, you will receive a voter acknowledgment card from your county election administrator confirming your registration and providing your polling place location. Keep this for your records.
Vote
Vote in person at your assigned polling place on Election Day, or request an absentee ballot from your county election administrator. Montana allows absentee voting by mail — you can request a ballot be mailed to you for any reason. Some counties in Montana conduct elections entirely by mail.
Stay registered and keep information current
Once registered, you remain registered unless you move, change your name, or are convicted and incarcerated for a new felony. If you move within Montana, update your registration with your new county election administrator. You can verify your registration at sosmt.gov.
Key Laws
| Law | Year | Description |
|---|---|---|
| Montana Constitution, Article IV, Section 2 | 1972 | Establishes that a person convicted of a felony does not have the right to vote while 'serving a sentence in a penal institution.' This is the constitutional basis for Montana's voting disqualification — rights are only lost during physical confinement, not during community supervision. |
| Montana Code Annotated 13-1-111 — Qualifications of Voter | Codified | Codifies voter qualifications: must be a registered U.S. citizen, 18 years or older, a Montana resident for at least 30 days, and not currently serving a felony sentence in a penal institution. Persons on parole, probation, deferred sentences, or suspended sentences are explicitly eligible. |
| 2023 Legislative Change — Restoration Upon Release | 2023 | The 2023 Montana Legislature confirmed that voting rights are automatically restored upon release from incarceration, eliminating previous ambiguity about whether completion of all supervision was required. This aligned statutory language with the constitutional text limiting disqualification to confinement in a penal institution. |
| Montana Attorney General Opinion, Vol. 60, No. 3 | 2024 | A 2024 binding opinion from Attorney General Austin Knudsen clarifying that a person convicted of a felony who is serving their sentence at the Montana State Hospital at Warm Springs is ineligible to vote because they are still 'serving a sentence in a penal institution,' even though the facility is technically a hospital rather than a prison. |
| Montana Code Annotated 13-2-402 — Reasons for Cancellation | Codified | Provides that a voter's registration shall be cancelled if the person is convicted of a felony and is serving a sentence in a penal institution. Registration is reinstated upon release. |
Edge Cases
Can I vote if I am on a deferred sentence for a felony in Montana?
Yes. A deferred sentence is a non-confined status. Under Montana law, you are eligible to vote while serving a deferred sentence because you are not incarcerated in a penal institution. You should register to vote at your county election administrator's office.
Can I vote if I am on a suspended sentence for a felony?
Yes. A suspended sentence is also a non-confined status. You are eligible to vote while serving a suspended sentence in Montana. However, if you violate the terms of your suspended sentence and are remanded to a penal institution, your voting rights will be suspended during confinement.
I am in a prerelease center or halfway house. Can I vote?
Generally yes. If you are in a prerelease center or community corrections facility that is not classified as a penal institution, you are eligible to vote. The key distinction is whether you are 'serving a sentence in a penal institution.' Contact your county election administrator to confirm your eligibility.
Can I vote if I am committed to Montana State Hospital while serving a felony sentence?
No. Under a 2024 Attorney General opinion, a person convicted of a felony who is placed at the Montana State Hospital at Warm Springs pursuant to MCA 46-14-312(2) is still considered to be serving a sentence in a penal institution and is not eligible to vote.
I was convicted of a felony in another state but now live in Montana. Can I vote?
Yes, as long as you are not currently incarcerated for a felony in any penal institution. Montana does not impose additional restrictions based on out-of-state convictions. If you meet Montana's residency requirement (30 days) and are not currently confined, you can register to vote.
I have a federal felony conviction. Can I vote in Montana?
Yes, if you are not currently confined in a federal penal institution. Montana's voting disqualification applies to all felony sentences served in any penal institution, state or federal. Once released, your voting rights are restored regardless of whether the conviction was state or federal.
Frequently Asked Questions
- Can I vote in Montana if I have a felony conviction?
- Yes, as long as you are not currently serving a felony sentence in a penal institution (state prison, federal prison, or equivalent). Your voting rights are automatically restored upon release. You can vote while on parole, probation, a deferred sentence, or a suspended sentence.
- How do I register to vote after being released from prison in Montana?
- Register at your county election administrator's office, online at sosmt.gov/elections, or by mail. You will need a Montana driver's license number, state ID number, or the last four digits of your SSN. Registration must be completed at least 30 days before Election Day by mail, but you can register in person at the county office up to and including Election Day.
- Do I need to pay any fines or fees before I can vote in Montana?
- No. Montana does not require payment of fines, fees, or restitution as a condition of voting. Once you are released from a penal institution, your right to vote is restored regardless of any outstanding financial obligations.
- What changed about Montana's voting rights law in 2023?
- The 2023 Montana Legislature confirmed that voting rights are automatically restored upon release from incarceration, aligning the statutory language with the Montana Constitution. Previously, there was some ambiguity about whether people needed to complete all supervision (parole and probation) before voting. The clarification confirmed that release from confinement — not completion of supervision — is the trigger for restoration.
- Can I vote by mail in Montana with a felony record?
- Yes. Montana allows any registered voter to vote by absentee ballot. Request an absentee ballot from your county election administrator. Some Montana counties conduct all elections entirely by mail. There is no distinction between voters with and without felony records for absentee voting purposes.
- What if I violate my probation or parole and am sent back to prison?
- If you are returned to a penal institution for a probation or parole violation, your voting rights are suspended again during your confinement. Once you are released from the penal institution again, your rights are automatically restored.
- Does a pardon affect my voting rights in Montana?
- A pardon is not necessary to restore voting rights in Montana because rights are automatically restored upon release from confinement. However, a pardon can provide additional benefits such as restoring firearm rights or removing the conviction from your record for employment purposes.
- Can I register to vote on Election Day in Montana?
- Yes. Montana offers same-day voter registration at your county election administrator's office. If you miss the regular registration deadline (30 days before the election for mail/online registration), you can register in person at the county election office up to and including Election Day.
- Will I be automatically re-registered when I am released from prison?
- No. While your voting rights are automatically restored upon release, you must take the affirmative step of registering (or re-registering) to vote. Your previous registration may have been cancelled during incarceration. Visit your county election administrator or register online at sosmt.gov.
- Can I run for office in Montana with a felony conviction?
- Montana's Constitution (Article IV, Section 4) requires candidates for public office to be qualified electors. Since your voting rights are restored upon release from a penal institution, you are generally eligible to run for office once released, provided you meet other qualifications for the specific office.
Take Action — Direct Links
- Montana Secretary of State — Elections & Voter Information
Official state elections page with voter registration information, election dates, county election administrator contact information, and absentee ballot procedures.
- Montana Secretary of State — Frequently Asked Questions
Answers to common questions about voter registration, eligibility, absentee voting, and Election Day procedures in Montana.
- Vote Montana — Registration and Voting Information
Voter information portal with registration lookup, polling place finder, and election date information.
- Campaign Legal Center — Restore Your Vote (Montana)
Interactive tool that walks you through Montana's specific voting rules and helps determine if you are eligible to register to vote after a felony conviction.
- Forward Montana — Voter Registration Assistance
Nonprofit organization that helps Montanans register to vote, including outreach to formerly incarcerated individuals.
- Montana Collateral Consequences Resource Center — Restoration Profile
Comprehensive guide to restoration of rights in Montana, including voting, firearm rights, pardons, and record relief.
- Vote.gov — Voting After a Felony Conviction (Montana)
Federal resource with state-by-state information on voting rights after a felony conviction, including Montana-specific guidance.
Sources
- Montana Secretary of State — Elections
- Montana Constitution, Article IV, Section 2
- Montana Code Annotated 13-1-111 — Qualifications of Voter
- Montana Attorney General Opinion Vol. 60, No. 3 (Felony Voting Eligibility at State Hospital)
- Collateral Consequences Resource Center — Montana Restoration of Rights
- US Vote Foundation — Montana Voting Rights Restoration
- Forward Montana — Helping Former Felons Register to Vote
- NCSL — Felon Voting Rights by State