Inactive voter signatures to count on ballot petitions in Montana, Supreme Court rules

HELENA, Mont. –

Montana’s Supreme Court on Tuesday said it would allow the signatures of inactive voters to count on petitions seeking to qualify constitutional initiatives for the November ballot, including one to protect abortion rights.

District Court Judge Mike Menahan ruled last Tuesday that Secretary of State Christi Jacobsen’s office wrongly changed election rules to reject inactive voter signatures from three ballot initiatives after the signatures had been turned in to counties and after some of the signatures had been verified. The change to longstanding practices included reprogramming the state’s election software.

Jacobsen’s office last Thursday asked the Montana Supreme Court for an emergency order to block Menahan’s ruling that gave counties until this Wednesday to verify the signatures of inactive voters that had been rejected. Lawyers for organizations supporting the ballot initiatives and the Secretary of State’s Office agreed to the terms of the temporary restraining order blocking the secretary’s changes.

Justices said Jacobsen’s office failed to meet the requirement for an emergency order, saying she had not persuaded them that Menahan was proceeding under a mistake of law.

“We further disagree with Jacobsen that the TRO is causing a gross injustice, as Jacobsen’s actions in reprogramming the petition-processing software after county election administrators had commenced processing petitions created the circumstances that gave rise to this litigation,” justices wrote.

Lewis and Clark District Court Judge Mike Menehan hear arguments during a temporary restraining order hearing in a suit against the Montana Secretary of State brought by Montanans Securing Reproductive Rights and Montanans for Election Reform over ballot initiative signature exclusions on Tuesday, July 16, 2024 in the Lewis and Clark County Courthouse in Helena, Mont. (Thom Bell/Independent Record via AP)

A hearing on an injunction to block the changes is set for Friday before Menahan.

The groups that sued — Montanans Securing Reproductive Rights and Montanans for Election Reform — alleged the state for decades had accepted signatures of inactive voters, defined as people who filed universal change-of-address forms and then failed to respond to county attempts to confirm their address. They can restore their active voter status by providing their address, showing up at the polls or requesting an absentee ballot.

Backers of the initiative to protect the right to abortion access in the state constitution said more than enough signatures had been verified by Friday’s deadline for it to be included on the ballot. Backers of initiatives to create nonpartisan primaries and another to require a candidate to win a majority of the vote to win a general election have said they also expect to have enough signatures.