MONTANA CONSERVATION VOTERS, JOSEPH LAFROMBOISE, NANCY HAMILTON, SIMON HARRIS, DONALD SEIFERT, DANIEL HOGAN, GEORGE STARK, LUKAS ILLION, and BOB BROWN, Plaintiffs and Appellants, v. CHRISTI JACOBSEN, in her official capacity as Montana Secretary of State, Defendant and Appellee, and SENATOR KEITH REGIER, Intervenor and Appellee

MONTANA CONSERVATION VOTERS, JOSEPH LAFROMBOISE, NANCY HAMILTON, SIMON HARRIS, DONALD SEIFERT, DANIEL HOGAN, GEORGE STARK, LUKAS ILLION, and BOB BROWN, Plaintiffs and Appellants, v. CHRISTI JACOBSEN, in her official capacity as Montana Secretary of State, Defendant and Appellee, and SENATOR KEITH REGIER, Intervenor and Appellee. Oral Argument is set for Wednesday, February 11, 2026, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, in Helena. Video Audio Only In 2023, the Montana Legislature enacted SB 109, which created new boundaries for the five Public Service Commission seats. The plaintiffs sued, alleging the Legislature approved the map to favor Republican candidates and voters. After a trial before the District Court with an advisory jury, the court denied the plaintiffs’ request for declaratory judgment. The court ruled that SB 109 did not violate either equal protection or the right of suffrage under the Montana Constitution. The plaintiffs raise four issues on appeal. They argue the District Court erred in requiring them to prove that the Legislature intended to dilute non-Republican votes when it created the 2023 PSC map, applied an unduly deferential presumption that the Legislature acted in good faith in creating the map, erred in finding that the Legislature did not intentionally discriminate against non-Republican voters when it drew the map, and erred in finding an absolute legislative privilege prevented the plaintiffs from obtaining certain evidence via the discovery process.