Article Summary –
The Montana Supreme Court has rejected Secretary of State Christi Jacobsen’s request to intervene in a lawsuit related to her office’s recent decision to reject ballot petition signatures from inactive voters. This decision affirms a district court’s restraining order, which was negotiated with Jacobsen’s attorneys, allowing the inclusion of inactive voter signatures in the verification process for three proposed constitutional initiatives. Despite objections from Jacobsen and arguments for Supreme Court involvement by both her office and initiative groups, the justices determined that the district court is the appropriate venue to resolve the issue, with a further hearing scheduled for July 26.
The Montana Supreme Court Tuesday rejected Secretary of State Christi Jacobsen’s request to intervene in a lawsuit regarding her office’s handling of the 2024 ballot petition process.
Jacobsen’s request to the court followed her attorneys negotiating a restraining order in Lewis and Clark County District Court preventing her office from rejecting signatures from inactive voters. The order was sought by backers of three constitutional initiatives who argued Jacobsen’s reversal of accepting inactive voter signatures could disenfranchise thousands of voters.
The change occurred a week after county officials began verifying signatures on the petitions when Jacobsen’s office updated the ElectMT system on July 2. Local officials had until July 19 to complete verifications, but the restraining order extended this to July 24.
Jacobsen’s attorneys argued that inactive voters are not qualified electors per the state Constitution and are ineligible to sign ballot petitions. Inactive voters include those who have not voted in two federal elections or responded to mailings from county administrators.
In an order signed by all seven justices Tuesday, the Supreme Court declined to exercise supervisory control, stating Jacobsen had not shown the district court erred in its reading of the law. The order noted Jacobsen’s attorneys participated in crafting the restraining order’s language and declined to “disturb a remedy that arose from a conference between the litigants.”
“We disagree with Jacobsen that the [restraining order] is causing a gross injustice,” the order reads, noting that Jacobsen’s reprogramming of the petition software after county officials began processing petitions created the circumstances leading to the litigation.
County election officials were vetting signatures for three proposals: CI-126 and CI-127, aiming to establish an open primary system, and CI-128, which seeks to enshrine abortion rights in the Montana Constitution. The new deadline for processing inactive voter signatures is July 24 at noon.
Prior to Tuesday’s order, Montanans for Election Reform and Montanans Securing Reproductive Rights filed a response agreeing with Jacobsen’s request for Supreme Court involvement. They noted a separate lawsuit filed against Jacobsen in Lake County regarding the same issue.
The Supreme Court was unswayed by the initiative groups’ arguments, stating they “chose to litigate this matter in the district court and we will not interfere with the district court’s authority to hear this case.”
Spokesperson Richie Melby issued a statement on behalf of Jacobsen’s office, calling the Supreme Court’s decision unfortunate and accusing it of rubber-stamping inaccuracies by partisan interests. The office remains focused on serving Montana and upholding the law.
Montanans Securing Reproductive Rights characterized Jacobsen’s actions as an attempt to “delay, obstruct, mislead, and ultimately block” CI-128. They praised the Supreme Court’s decision, stating they would continue fighting for constitutional rights in court.
Menahan scheduled another hearing in Lewis and Clark County District Court for July 26 to discuss the plaintiffs’ request for a preliminary injunction blocking Jacobsen’s change until the litigation is resolved.
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