A disability rights watchdog group is suing Anaconda-Deer Lodge County, saying it violated a Montana State Hospital patient’s right to vote.
Disability Rights Montana argues in court documents that the Anaconda-Deer Lodge County Clerk incorrectly denied Joshua Cypher’s voter application.
Cypher is a convicted felon and was sentenced to the Montana State Hospital. People in prison are ineligible to vote in Montana, but they can vote after release.
DRM says the state hospital is a mental health facility, not a prison. DRM also says a court would have to deem a patient “mentally unsound” when it commits them to the hospital in order to remove their voting rights. The nonprofit says the court never gave Cypher that distinction. DRM argues that means Cypher and patients like him are eligible to vote.
Tal Goldin with DRM says, “Our hope is that we at least get a ruling on what the law is that we would then submit to other election administrators or the secretary of state and say this is what at least one judge thinks the law is.”
The county district court granted a temporary restraining order, which allows Cypher to vote this election cycle. But DRM argues that counties will continue to deny other patients’ voter applications if the courts don’t make the law clear.
Deer Lodge County did not respond for comment by deadline.
