Article Summary –
Judge Mike Menahan of a state district court in Helena issued a temporary restraining order to address Secretary of State Christi Jacobsen’s decision to block inactive voters from signing initiative petitions, ruling that this decision infringed on Montanans’ constitutional rights. Menahan directed the attorneys involved to restore the state software system to allow verification of inactive voters’ signatures by the counties, setting a deadline for reviewing and resubmitting affected signatures. The initiatives involved, CI-126, CI-127, and CI-128, aim to reform election processes and enshrine abortion rights in the Montana Constitution, and the judge emphasized the importance of maintaining the fundamental right to participate in the government throughout the process.
A district court judge in Helena approved a temporary order to address a conflict between election officials and ballot issue committees over inactive voters signing initiative petitions.
District Court Judge Mike Menahan raised concerns that Secretary of State Christi Jacobsen’s decision to block inactive voters from voting software infringed on constitutional rights to ballot initiatives and government participation.
Due to tight timelines and complex signature verification processes, Menahan directed the lawyers for Jacobsen and the sponsors of Initiatives 126, 127, and 128 to negotiate a ruling on a temporary restraining order.
“I think I’m required to grant an injunction here just to preserve the status quo. But I don’t want to interfere with county election administrators or the secretary of state,” Menahan said.
Menahan signed the proposed order directing the secretary of state to “restore the state software system to allow verification of inactive voters’ signatures.” Counties are instructed to review and resubmit eligible signatures previously blocked by July 24 at 12 p.m., subject to court review if deadlines are unmet.
The order mandates that the Secretary accept and count signatures from previously rejected inactive voters until July 24, 2024.
Initiatives CI-126 and CI-127 propose an open primary system, while CI-128 enshrines abortion rights in the Montana Constitution. Political action committees for these initiatives have raised $7.3 million.
Jacobsen’s stance on inactive voter signatures emerged as counties were verifying signatures. On July 2, the state system began automatically rejecting inactive voter signatures due to an update from Jacobsen’s office, reversing a longstanding practice.
Raph Graybill, attorney for Montanans Securing Reproductive Rights, said in court that an anonymous tip led to a public records request revealing the change. MSRR and Montanans for Election Reform joined a lawsuit against the state.
Graybill argued that the change blindsided initiative groups, voters unaware of their inactive status, and county officials verifying signatures. “They make this change furtively,” Graybill said.
Clay Leland, an attorney from Jacobsen’s office, stated that inactive voters are not qualified to vote unless moved to the “active” list. He noted that local officials should move inactive voters to the active list if they meet certain requirements.
Johnson, defending the secretary of state, argued the issue was a disagreement on state law defining “qualified electors.” Menahan noted the secretary’s abrupt finding risked infringing on constitutional rights.
The Secretary of State’s Office did not respond to a request for updated totals of signatures rejected from inactive voters. As of Monday, Gallatin County reported rejections for CI-126, CI-127, and CI-128 totaling 3,666, 3,842, and 5,054, respectively. Each initiative gathered over 100,000 signatures, well above the required threshold.
Graybill stated that inactive voter lists help election officials keep voter rolls updated without disenfranchising voters. “Placement on the inactive voter list has no effect on substantive voting rights,” Graybill said. Leland disagreed, stating that inactive voters are not legally registered electors.
Martha Sheehy argued that the state’s handling of inactive voter signatures subjects those voters to potential fines and jail time for misrepresenting their registration status. Graybill urged the court to clarify future verification processes.
Menahan acknowledged time pressures but emphasized the importance of not disrupting constitutional processes. He scheduled a hearing for July 26 to discuss a preliminary injunction blocking the secretary of state’s change until litigation is resolved.
“When you’re talking about the rights of people to participate in government, that’s a fundamental right,” Menahan said. “I think as a judge, my duty is to uphold that right and give life to it and preserve it. So I don’t want to do anything that would cause harm to this process.”
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