Can you vote with a felony in Montana?
The short answer
After prison.
In Montana, people lose the right to vote only while in prison for a felony. It comes back on release, including on parole or probation.
In Montana, a person convicted of a felony cannot vote while serving the sentence in a penal institution. The right returns once the person is no longer serving the sentence in a penal institution, including on parole or probation, but the voter registration is cancelled during the incarceration, so the person must register again. The Attorney General has said people with felony convictions placed at the Montana State Hospital at Warm Springs also cannot vote.1,2,4,5
Before you register
Your state or county election office can confirm your own status, for free. Voting while ineligible can carry criminal penalties, so if anything about your case is unclear, ask them first. The general election is November 3, 2026; registration deadlines are on vote.gov.
How the right comes back
Automatically
Under Mont. Const. art. IV, § 2 and MCA 13-1-111(2), a person convicted of a felony does not have the right to vote 'while the person is serving a sentence in a penal institution'; the bar ends when that ends. The Attorney General's October 2024 release says people with felony convictions 'placed in a non-confined status, such as parole, probation, or a deferred or suspended sentences' are eligible to vote. The county election administrator cancels a registration when 'the incarceration of the elector in a penal institution for a felony conviction is legally established' (MCA 13-2-402(4)), so the person must register again. In an October 2024 binding opinion, the Attorney General said people with felony convictions placed at the Montana State Hospital at Warm Springs for psychiatric treatment remain in confined status and cannot vote.1,2,3,4
Fines, fees and restitution
Not required
The bar is tied only to serving the sentence in a penal institution (MCA 13-1-111(2)); payment of fines, fees or restitution is not a condition.2
Registering again
Yes
Once the right is back, Montana requires a new voter registration before voting.3
Misdemeanors and jail
Montana's voter qualification law disqualifies only a person convicted of a felony while serving the sentence in a penal institution (MCA 13-1-111(2)); the official sources opened don't mention misdemeanors.2
Not addressed directly in the official sources opened; the bar applies to people convicted of a felony who are serving the sentence in a penal institution.
Convictions from another state or federal court
Not stated in the official sources opened.
What's changed
October 22, 2024: Attorney General Knudsen issued a binding opinion that people with felony convictions placed at the Montana State Hospital at Warm Springs for psychiatric treatment are prohibited from voting, like people held in other correctional facilities.4
The law
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This page explains Montana's general rules from its law and election office. It isn't legal advice, and a case can turn on the details of a sentence. The election office can confirm your status.
Spot something out of date? Tell us at contact@secondchanceindex.com.
Cite this page
Second Chance Index, "Can you vote with a felony in Montana?" https://secondchanceindex.com/voting-rights/montana, checked October 22, 2026.
Sources
Each source was opened and checked on October 22, 2026.
- Mont. Const. art. IV, § 2
- MCA 13-1-111(2)
- MCA 13-2-402(4)
- Attorney General Knudsen issues binding opinion on voter eligibility of felons at Warm Springs (October 22, 2024)Montana Department of Justice
- Frequently Asked QuestionsVote Montana (Montana Secretary of State)
- Proposed 2026 Ballot Issues (issues qualified for the 2026 general election)Montana Secretary of State