America First Legal (AFL), along with co-counsel Christopher Mills, has filed a brief in the United States Supreme Court. The brief supports Montana’s Secretary of State's request for Supreme Court review in the case Christi Jacobsen v. Montana Democratic Party, et al.
The Montana State Judiciary has blocked the implementation of several state election integrity laws. AFL argues that Supreme Court oversight is necessary to restore the constitutional balance of powers concerning state election laws. According to AFL, the Montana State Supreme Court is overstepping its authority by striking down four election integrity laws just weeks before an election. The Elections Clause of the United States Constitution grants state legislatures—not state judiciaries—broad power to prescribe procedural mechanisms for holding congressional elections.
AFL contends that despite the Framers’ decision to vest power in elected state legislators, the State Judiciary is broadly applying a generic “free and open” elections clause in the State constitution to override legislative policy decisions and nullify commonsense election integrity measures. The Elections Clause allows only Congress to “make or alter” state regulations of the “Manner” of congressional elections.
AFL expressed pride in filing this brief in support of the Montana Secretary of State and ensuring all Americans can cast their ballots securely.
Gene Hamilton, America First Legal Executive Director, stated: “Across the United States, the American people have voiced their justifiable concerns about the integrity of our election system. And many state legislatures are responding with laws to protect our electoral process. But lawfare by opponents of election integrity has led to radical court decisions preventing these critical election integrity measures from going into effect. The Supreme Court should grant the petition for review in this case and provide clarity to all regarding the appropriate standard to apply when reviewing challenges to state election laws.”