Montana Attorney General Austin Knudsen has issued an official opinion regarding the voting rights of felons undergoing psychiatric treatment at Warm Springs, the Montana State Hospital. The opinion states that these individuals are prohibited from voting, similar to those serving sentences in other correctional facilities. This decision was made following a request from Lake County Attorney James Lapotka.
The opinion comes in response to a lawsuit filed by Disability Rights Montana against the elections administrator in Deer Lodge County. The lawsuit argued that inmates at the Montana State Hospital should be allowed to vote. Judge Raymond Dayton had previously granted a temporary restraining order permitting an inmate, described as a violent felon, to vote. In reaction, Attorney General Knudsen filed a motion to dissolve this order.
Attorney General Knudsen stated, "The law is clear, convicted felons lose their right to vote while they are serving their sentence. Serving time at Warm Springs while being treated for mental illness does not restore that right."
According to the Attorney General's Opinion (AGO), under Article 4, Section 2 of the Montana Constitution, individuals "serving a sentence for a felony in a penal institution" are not eligible to vote. This includes those at Warm Springs due to their confined status.
Knudsen explained that inmates at Warm Springs could be transferred back to another correctional facility once they no longer require medical care and do not have the right to avoid such transfers. Their stay at Warm Springs is limited by their prison sentence duration.
Only felons who are on parole, probation, or have deferred or suspended sentences can vote under Article 4, Section 2 of the Montana Constitution—not those confined at Warm Springs.
Montana law aims to ensure that mentally ill individuals serving time in mental hospitals do not have fewer rights than others. However, allowing them voting rights would grant more privileges compared to other prisoners. Additionally, it could lead to "absurd results," such as prisoners temporarily transferred for surgery being eligible to vote despite still being in custody.