logo
House GOP passes bill restricting Montana voters of "unsound mind"

House GOP passes bill restricting Montana voters of "unsound mind"

Yahoo26-02-2025

Feb. 26—A House bill to impose new restrictions on voters of "unsound mind" could affect hundreds of patients in the Montana State Hospital and other state-run facilities.
While Montana code has long prohibited citizens serving sentences in "penal institutions" and those of "unsound mind" from voting, the state has never clarified what these terms mean. Rep. Braxton Mitchell, R-Columbia Falls, said the omission creates a work-around in the voting system for patients serving felony convictions in the Montana State Hospital.
"This bill simply prevents convicted felons from exploiting a loophole that has allowed them to vote," said Mitchell in his opening remarks for House Bill 395.
The Department of Justice requested the bill after a patient serving a felony conviction at the Montana State Hospital filed a lawsuit last fall, claiming Anaconda-Deer Lodge County had violated his voting rights. The case remains unresolved, but a district judge temporarily restored the plaintiff's voting rights for the 2024 election after the state Attorney General's Office admitted that the hospital did not fit the definition of a penal institution and that a court had not found the plaintiff to be of unsound mind.
HB 395 targets similar cases by codifying new definitions for the terms "unsound mind" and "penal institution" in state voting laws and outlining a court process by which defendants may be declared of unsound mind.
While Republicans supported the legislation as a simple solution to a long-term problem, Democrats likened the bill and its implications to Pandora's box. Of particular concern was the bill's definition of unsound mind.
"'Unsound mind' means a person is incapable of normally managing affairs in a reasonable manner," reads the bill. "The condition exists when the intellectual powers of a person are fundamentally lacking or when a person is incapable of understanding and acting with discretion in the ordinary affairs of life."
As currently written, the definition would only be applied to residents at state facilities like the Montana State Hospital. The bill also includes a provision automatically restoring voting rights upon release, but Democrats remained skeptical.
"This gives a lot of power to the courts to decide who can and cannot vote," said Rep. Peter Strand, D-Bozeman. Strand questioned whether people with dementia and similar illnesses might be considered unfit to vote.
Rep. James Reavis, D-Billings made similar observations in testimony, noting that the bill did not provide protections for patients in state facilities without criminal convictions and that the restoration provision could be easily rescinded in a future legislative session.
"We could be on the path to permanent disenfranchisement of voting rights, and I don't think that's something we should do," said Reavis.
Mitchell claimed other state laws had no issues implementing similar definitions. In email correspondence with the Daily Inter Lake, Mitchell cited Idaho and Utah as examples though neither state references individuals of unsound mind in state voting laws. He also mentioned Minnesota, which has a statue stating that individuals "found by a court of law to be legally incompetent" cannot vote, but Minnesota voting codes do not define the term "legally incompetent."
Mitchell did not directly respond to an inquiry about possible amendments to the definition, though he maintained his assertion that the claims of opponents are unfounded.
The bill passed the House in a 54 — 45 vote on Monday. A hearing in the Senate has not yet been announced.
Reporter Hailey Smalley can be reached at hsmalley@dailyinterlake.com or 758-4433.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Democrats condemn Sen. Alex Padilla's treatment at Noem news conference

timean hour ago

Democrats condemn Sen. Alex Padilla's treatment at Noem news conference

Democrats expressed outraged after Democratic Sen. Alex Padilla of California was forcibly removed from Homeland Security Secretary Kristi Noem's news conference on Thursday in Los Angeles, taken to the ground and handcuffed by law enforcement officers. Noem was speaking to the media about the federal response to protests against Immigration and Customs Enforcement raids in the area when Padilla entered the room and approached Noem's podium. As he approached, police officers in the room grabbed the senator, rushed him out of the room into a hallway, forced him to the ground and handcuffed him. Video shows Padilla identifying himself and saying he wanted to ask a question as law enforcement forced him out of the room. Padilla was later seen without handcuffs speaking to Noem in a conference room. Noem said later that the two spoke for 10 to 15 minutes and exchanged phone numbers. Noem said she didn't expect him to be charged. Noem said law enforcement reacted because he took steps toward her without identifying himself. Video of the incident captures Padilla identifying himself as he is being dragged out; it's not clear if he identified himself before the incident or as he approached the podium. Padilla's Democratic colleagues were critical of the way he was treated. "I just saw something that sickened my stomach -- the manhandling of a United States senator. We need immediate answers to what the hell went on," Senate Minority Leader Chuck Schumer said. California Gov. Gavin Newsom called Padilla "one of the most decent people I know." "This is outrageous, dictatorial, and shameful," Newsom wrote on X. "Trump and his shock troops are out of control. This must end now." Los Angeles Mayor Karen Bass posted on X, "What just happened to @SenAlexPadilla is absolutely abhorrent and outrageous." The Congressional Hispanic Caucus demanded an investigation into the incident. "This is unacceptable, full stop," the CHC posted on X. "@SenAlexPadilla attended an open press conference to engage in debate, to represent his state, to do his job. We demand a full investigation and consequences for every official involved in this assault against a sitting US senator." DHS spokesperson Tricia McLaughlin said Padilla did not identify himself before approaching the podium. "Senator Padilla chose disrespectful political theatre and interrupted a live press conference without identifying himself or having his Senate security pin on as he lunged toward Secretary Noem," she said in a post on X. "Mr. Padilla was told repeatedly to back away and did not comply with officers' repeated commands. @SecretService thought he was an attacker and officers acted appropriately." A statement from Padilla's office said he was in the building to receive a briefing from NORTHCOM commander Gen. Gregory Guillot and was listening to Noem's news conference. "He tried to ask the Secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information," the statement said.

Key Senator Looks to Slow Ted Cruz Plan on Fed Interest to Banks
Key Senator Looks to Slow Ted Cruz Plan on Fed Interest to Banks

Bloomberg

timean hour ago

  • Bloomberg

Key Senator Looks to Slow Ted Cruz Plan on Fed Interest to Banks

Senate Banking Committee Chairman Tim Scott said he opposes swift action on a proposal that would bar the Federal Reserve from paying interest on reserves to banks to help pay for Republicans' massive tax and spending package. 'While the desire to return to pre-crisis monetary policy operating procedures is understandable, any legislative change to the Federal Reserve's framework must follow regular order,' Scott said Thursday in a statement. 'This is not a decision to be rushed – it must be carefully considered and openly debated.'

Democratic Senator Alex Padilla is forcefully removed from DHS Secretary Kristi Noem's news conference and handcuffed
Democratic Senator Alex Padilla is forcefully removed from DHS Secretary Kristi Noem's news conference and handcuffed

Boston Globe

timean hour ago

  • Boston Globe

Democratic Senator Alex Padilla is forcefully removed from DHS Secretary Kristi Noem's news conference and handcuffed

'I'm Sen. Alex Padilla. I have questions for the secretary,' he shouted in a halting voice. The stunning scene of a U.S. senator being aggressively removed from a Cabinet secretary's news conference prompted immediate outrage from his Democratic colleagues in the chamber. It comes as the Trump administration has aggressively targeted protesters in California who are demonstrating against immigration raids, including by sending in National Guard troops and Marines. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up In a statement, the Department of Homeland Security said Padilla 'chose disrespectful political theater and interrupted a live press conference.' They claimed erroneously that Padilla did not identify himself and said Secret Service believed him to be an attacker. Advertisement 'Padilla was told repeatedly to back away and did not comply with officers' repeated commands,' the statement said, adding that 'officers acted appropriately.' Padilla's office said in a statement that he was in the building for a military briefing and stepped into Noem's event. 'He tried to ask the secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information,' his office said. Advertisement California Senator Alex Padilla was pushed out of the room as Noem held a news conference regarding the recent protests in Los Angeles on Thursday. Etienne Laurent/Associated Press Noem told Fox LA afterward that she had a 'great' conversation with Padilla after the scuffle, but called his approach 'something that I don't think was appropriate at all.' The fracas in Los Angeles came just days after Democratic U.S. Rep. LaMonica McIver was indicted on federal charges alleging she assaulted and interfered with immigration officers outside a detention center in New Jersey while Newark's mayor was being arrested after he tried to join a congressional oversight visit at the facility. Democrats have framed the charges as intimidation efforts by the Trump administration. Padilla, the son of immigrants from Mexico, has been a harsh critic of President Donald Trump and his mass deportations agenda. In a post on the social platform X, he said of recent federal immigration raids in Los Angeles, 'Trump isn't targeting criminals in his mass deportation agenda, he is terrorizing communities, breaking apart families and putting American citizens in harm's way.' At the Capitol, senators were sharing the video among one another as they gathered on the Senate floor for a series of votes. Sen. Lisa Blunt Rochester, D-Del., said she texted Padilla immediately 'to let him know we support him.' She said she also showed it to Senate Majority Leader John Thune, R-S.D. 'I think he was as shocked as we all were,' Blunt Rochester said. 'So, hopefully we will come together as one voice.' Connecticut Sen. Richard Blumenthal, a Democrat, called the video 'utterly revolting' and said there should be consequences. Associated Press writers Mary Clare Jalonick and Seung Min Kim in Washington and Jaimie Ding contributed to this report. Advertisement

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store