Two groups backing major citizen-led ballot initiatives filed a lawsuit against Montana Secretary of State Christi Jacobsen on Wednesday, alleging the office unlawfully disqualified droves of signatures the groups collected over the last few months.
Montanans for Election Reform, the coalition backing two measures that would modify election practices in the state, and Montanans Securing Reproductive Rights (MSRR), supporting a constitutional amendment to guarantee the right to pre-viability abortion, say the secretary of state improperly directed election officers to void the signatures of inactive voters.
The plaintiffs also allege that a July 2 announcement from Jacobsen that the statewide election software had been modified to automatically exclude signatures of inactive voters was an illegal tactic to prevent thousands of signatories from having their voices heard.
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MSRR and Montanans for Election Reform (MER) are requesting a preliminary injunction that would require the secretary of state to reinstate the ability for county elections officers to verify signatures of inactive voters as the case plays out. Plaintiffs are also asking the court to ensure Jacobsen “immediately take all actions necessary to ensure that any signatures previously rejected solely because the elector appeared on the list of inactive voters be counted as valid.”
There is an element of timeliness to this case: County elections staff have until July 19 to verify all signatures of all ballot initiatives before submitting them to the secretary of state.
At the center of the legal dispute is a differing definition of a “qualified elector” under Montana law.
Jacobsen’s office claims that an inactive voter, those who may have an out-of-date address with their county clerk’s office or who have not voted in two federal general election years, is not a qualified elector. Therefore, they are prohibited from signing onto a ballot initiative, according to the secretary.
Montana Code defines a qualified elector as “any citizen of the United States 18 years of age or older who meets the registration and residence requirements provided by law,” unless the individual is serving a sentence for a felony in a penal institution or found to be of “unsound mind, as determined by a court.”
Plaintiffs assert that this definition includes inactive voters.
“Voters on the ‘inactive’ list are registered voters, are entitled to vote, and are plainly ‘qualified electors’ under state law,” the complaint read.
The secretary of state’s office disagrees, saying Montana law states otherwise.
“Unsurprisingly, the media learns of these lawsuits before we do. We haven’t received a lawsuit or complaint, but the Secretary of State’s Office continues to follow the laws and Constitution, as discussed yesterday,” according to a response from a secretary of state’s office email communications account, which did not include the author’s name. The office did not respond to follow-up questions about who was responding to the Montana State News Bureau’s inquiries.
In a July 9 letter to the groups’ attorney, Austin James, chief legal counsel for the secretary of state, wrote “Inactive electors are not eligible to vote. Inactive electors are not eligible to receive a mail ballot or absentee ballot, nor are they eligible to vote at the polling place in inactive status.”
