On December 6, 2021, a former Montana Secretary of State and three Montana residents filed a federal lawsuit against Montana's Secretary of State, challenging the Montana Public Service Commission's ("PSC") electoral districts as violating the U.S. Constitution. The PSC, which regulates the state's public utilities and handles ratepayers' disputes, is a five-member body elected from single-member districts, which have not been redrawn since 2003. Plaintiffs allege that based off the 2020 Census population figures, the state's PSC districts are unconstitutionally malapportioned in violation of the 14th Amendment's one person, one vote principle, citing a total population deviation range between the current districts of 24.5%. Plaintiffs are seeking a judicial declaration that the current PSC districts violate the 14th Amendment, an injunction barring the state from utilizing the current districts in future elections, and a court order either requiring the state to adopt and implement a new, properly apportioned PSC redistricting plan or adopting a court-drawn remedial plan.
U.S. District Court for the District of Montana, Helena Division - No. 6:21-cv-92