CASE SUMMARY

On December 6, 2021, a former Montana Secretary of State and several Montana voters filed a federal lawsuit against Montana’s Secretary of State challenging the Montana Public Service Commission’s (PSC) five single-member districts, which hadn’t been redrawn since 2003 and had a population deviation of 24.5%, as violating the one person, one vote requirement under the 14th Amendment. Plaintiffs sought a judicial declaration the PSC plan was unconstitutional, an injunction barring its use in future elections, and an order either requiring the state to adopt a properly apportioned plan or adopting the court’s own plan.

  • On January 13, 2022, a three-judge federal district court panel granted a preliminary injunction blocking the plan on the grounds the plaintiffs were likely to prevail on their claims.
  • The district court panel held a bench trial on March 4, 2022.
  • On March 8, the district court panel struck down the plan as unconstitutionally malapportioned, finding the PSC was subject to one person, one vote requirements as a statewide legislative body elected from single-member districts that exercises “general governmental powers” which broadly impact the general public. To ensure a proper plan was implemented in time for the 2022 election, the court adopted the defendant-Secretary of State’s proposed remedial plan for use in future elections absent any future action by the state legislature, citing the more stringent equal population requirements that apply to court-imposed redistricting plans and the deference that courts must give to a state’s redistricting policies and preferences.

CASE LIBRARY

U.S. District Court for the District of Montana, Helena Division - No. 6:21-cv-92