Sen. Theresa Manzella, sponsor of Senate Bill 185, told the House State Administration Committee she seeks a constitutional clarification to ensure “only” U.S. citizens may vote in state and local elections.
Manzella said the change would amend Article IV, Section 2 of the Montana Constitution and be placed on the ballot for voters to decide. "I bring for your consideration today Senate Bill 185, which is a very small but powerful change," she said, adding the change would make clear that "only a citizen of The United States" may vote in state and local elections.
Proponents told the committee the amendment is intended to close a perceived legal gap. Austin James, appearing for Secretary of State Christi Jacobson, called it "a great bill and a great change. It just makes our constitution clear." Jack Tomczak of Americans for Citizen Voting said similar amendments have passed in other states and cited polling he said shows broad Montana support. Citizen witness Loy Chvilecek connected his concerns about election integrity to cases and irregularities he described encountering in 2020 and afterward.
Committee members asked practical and legal questions about definitions and enforcement. Representative Perry asked whether the change would apply to municipal and special-district elections; James replied, "That's correct," and confirmed the language as written would affect all elections. Representative Rexton and others asked about how county election officials verify attestation on registration forms and about past incidents; Senator Manzella and witnesses described two noncitizen votes in Phillips County in 2021 that became a misdemeanor case, and argued the amendment would clarify eligibility.
Witnesses referenced federal and case law during testimony. Speakers mentioned the Help America Vote Act (HAVA), the state constitution (Article IV, Section 2), and court decisions raised in written materials (for example, Lacey v. San Francisco and Sewell v. Chambers were cited by witnesses as legal background). Testifiers also discussed the interaction of state law and proprietary vendor contracts in an election-administration context (a witness referenced 13-17-103 when describing a vendor-contract question).
The hearing closed with Manzella saying she wants to give Montanans a chance to vote on the amendment: "This is citizens to make that decision. To have it put on the ballot, and allow our citizens to then, in fact, make that decision for us," she said.