Article Summary –
A state judge in Helena issued a preliminary injunction to include inactive voter signatures in the certification process for three constitutional initiatives (CI-126, CI-127, and CI-128) for the November ballot, countering Montana Secretary of State Christi Jacobsen’s rejection of thousands of these signatures. The injunction came after plaintiffs argued that inactive voters are still legally registered and eligible to sign petitions, and it will remain in effect until the litigation is resolved. Both initiative groups welcomed the injunction but expressed concerns that Jacobsen’s office would continue to obstruct the petition process; meanwhile, county election officials processed over 16,000 inactive voter signatures, ensuring that all three initiatives met the required signature threshold for ballot inclusion.
A state judge in Helena extended a legal freeze on Montana Secretary of State Christi Jacobsen’s rejection of thousands of petition signatures for three constitutional initiatives aiming for the November ballot.
After a brief hearing, Lewis and Clark County District Court Judge Mike Menahan signed a preliminary injunction ordering that signatures from inactive voters be included in the certification process for CI-126, CI-127, and CI-128. The injunction also barred Jacobsen from preventing the verification of those signatures, extending a temporary restraining order granted last week.
The injunction remains until litigation is resolved, applying only to inactive voter signatures on the three petitions. Menahan noted that the plaintiffs are likely to succeed and face “ongoing constitutional injury” without court relief.
The dispute began after Jacobsen’s office implemented a software change that automatically rejected inactive voter signatures entered by county officials. Her office claimed inactive voters didn’t meet the “qualified elector” definition for petition signers, reversing a longstanding Montana practice.
The committees behind the petitions — Montanans for Election Reform, advancing CI-126 and CI-127 to reshape primary elections, and Montanans Securing Reproductive Rights, advancing CI-128 to enshrine abortion rights in the state Constitution — sued to reinstate the signatures, arguing that inactive voters are still legally registered.
Attorneys for both sides worked together this week to negotiate the preliminary injunction terms, presented to Menahan on Friday.
During the hearing, Raph Graybill, attorney for Montanans Securing Reproductive Rights, mentioned efforts to compel two state witnesses to appear. Plaintiffs alleged the witnesses failed to disclose a separate lawsuit in Lake County resulting in a restraining order a day prior. The case was filed by Montana Republicans, including House Speaker Matt Regier, seeking to bar Jacobsen from certifying CI-126 and CI-127.
Graybill said Jacobsen’s office informed plaintiffs that witnesses would only appear under subpoena. The Secretary of State’s Office declined to accept the subpoenas, and the witnesses hired private counsel.
“It is that context in which the state has called us and said they would like to discuss consenting to preliminary relief,” Graybill said.
Michael Russell, attorney for Jacobsen, argued the hearing should focus solely on the injunction.
“I have authority to agree that for this preliminary injunction, the secretary will not reject signatures solely because the signer is an inactive voter,” Russell said. “I think that resolves the dispute.”
Menahan acknowledged the “failure” of Jacobsen’s attorneys to inform Graybill of the Lake County stipulation. He added the situation put the plaintiffs in a “tenuous position” before both his court and the Montana Supreme Court, where Jacobsen unsuccessfully sought to appeal last week.
Jacobsen’s office did not immediately respond to an email seeking comment on the injunction and Graybill’s account of the subpoena attempt.
In separate press releases, both initiative groups praised the preliminary injunction. However, Montanans Securing Reproductive Rights spokesperson Akilah Deernose said CI-128 supporters expect continued political challenges. Plaintiff Frank Garner accused Jacobsen of trying to “dodge accountability” and cited the need for CI-126 and CI-127 to “hold politicians accountable.”
Montanans for Election Reform said county officials processed over 16,000 inactive voter signatures this week. As of Wednesday, the accepted signatures were 70,956 for CI-126, 69,172 for CI-127, and 81,163 for CI-128, exceeding the required signature counts to qualify for the November ballot.
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