The Montana Third Judicial District Court issued a preliminary injunction upholding the fundamental right to vote of Joshua Cypher, a patient at Montana State Hospital whose voter registration was initially rejected by Deer Lodge County Clerk and Recorder and Election Administrator Toni Hofland because of Mr. Cypher’s status as a criminally committed patient at the Hospital.

The ruling prevents Ms. Hofland, her attorneys, and others from interfering with Mr. Cypher’s voting rights while the case is being fully litigated. It affirms that Mr. Cypher’s current treatment at the state-run psychiatric institution does not diminish his right to participate in the democratic process.

The case, brought by Mr. Cypher and Disability Rights Montana, challenged Ms. Hofland’s initial rejection of Mr. Cypher’s voter registration. Ms. Hofland acknowledged his registration form was filled out properly, but the Government contended that Mr. Cypher’s status as a criminally committed patient at the hospital rendered him ineligible to vote. Judge Ray Dayton rejected the Government’s arguments, finding that Mr. Cypher currently meets all requirements to vote under the Montana Constitution and state law.

Judge Dayton affirmed what the Montana Supreme Court has said repeatedly: “The right to vote is a clear and unequivocal fundamental right under the Montana Constitution,”the right to vote extends to all citizens, including those with disabilities, who meet Montana’s voter eligibility requirements.

The Montana Constitution removes the right to vote when someone is “serving a sentence for a felony in a penal institution or is of unsound mind, as determined by a court.” In its order, the Court found that the Montana State Hospital is not a “penal institution.” The Court also found that no court had ever adjudicated Mr. Cypher of “unsound mind” for the purposes of voting. Therefore, the Court found, there was no legal basis for Ms. Hofland to interfere with Mr. Cypher’s right to vote and enjoined her from interfering with Mr. Cypher’s right to vote during the case.

“The Court wholly rejected the defendant’s arguments,” said Tal Goldin, Director of Advocacy at Disability Rights Montana and lead attorney for the Plaintiffs. “This preliminary injunction is significant because, in the middle of this case, the Montana Attorney General issued a formal opinion disenfranchising all criminally committed patients at the state hospital using the very same arguments the Court has now rejected.”

Besides being lawyers for Mr. Cypher, Disability Rights Montana joined the case as a plaintiff to enforce the voting rights of other patients at the hospital. This order does not address those larger issues, but those legal issues have been presented to the court for resolution later in this case. This preliminary injunction is a critical step towards ensuring that all eligible voters in Montana, regardless of disability, can exercise their right to vote. This specific order applies to Mr. Cypher individually.

“The fact we had to bring this case shows how the disability community’s most basic rights to be considered equal citizens are under attack,” said David Carlson, Executive Director of Disability Rights Montana. “Disability Rights Montana is here to help our community fight back.”

Disability Rights Montana filed a complaint in the Montana Third Judicial District Court, Deer Lodge County, to protect the fundamental voting rights of patients at the Montana State Hospital. This legal action seeks to ensure that patients, many of whom are involuntarily detained for treatment, retain their right to vote in the upcoming election.

“We are dedicated to ensuring that all eligible electors, including those with disabilities, can exercise their right to vote.” said Tal Goldin, the lead attorney for the Plaintiffs and Disability Rights Montana’s Director of Advocacy. “Voting allows any qualified elector to have a seat at the table and have a say in our state’s policies. Voting is one of the only powers patients at the  State Hospital have to influence the most private decisions about their lives, including who they associate with, where they live, and what happens to their bodies. People with disabilities who meet all legal requirements to vote deserve the same opportunity to have their voices heard as any other Montana citizen.”

The complaint highlights the Montana State Hospital’s longstanding failures, including losing its federal certification due to basic health and safety violations. This loss of certification removed all Medicare and Medicaid payments to the hospital.

Many patients are residents of Montana and meet all voting requirements, yet they have been systematically disenfranchised. Recent attempts by Disability Rights Montana to help patients register to vote have been met with rejections from designated county election officials because of unclarity in the law that this case seeks to resolve.

Disability Rights Montana is requesting that the Court issue an injunction to maintain the voter registration of the Plaintiffs, as well as a declaratory judgment clarifying the voting rights of all individuals involuntarily committed to the Montana State Hospital.