Lawsuit filed after Montana secretary of state changed signature rules for citizen initiatives

HELENA, Mont. — Two organizations that gathered voter signatures to qualify proposed constitutional amendments for the ballot in Montana have filed a lawsuit alleging that the secretary of state changed the rules about which signatures can be accepted after the signatures were collected and while state election officials county checked them.

District Court Judge Mike Menahan set a hearing for Tuesday in Helena on a motion that seeks to block the changes and allow signatures from inactive voters to be counted toward the number needed to qualify the questions for the November ballot.

County election officials must verify the signatures and forward the totals to the secretary of state’s office by Friday.

The lawsuit alleges that county election officials previously accepted petition signatures from “inactive voters,” defined as those who did not vote in the general election and who did not respond to efforts to confirm their mailing address. They can be restored to active voter status by confirming their address, showing up at the polls to vote, or requesting an absentee ballot.

Voter registration can be canceled if an inactive voter does not vote in two more federal general elections.

Signatures for three constitutional amendments — including one to protect the right to pre-viability abortion in the state constitution and another to eliminate partisan primary elections — had to be turned in to counties by June 21.

A week later, Republican Secretary of State Christi Jacobsen told counties they must reject signatures from inactive voters. On July 2, the statewide voter database was changed to avoid verifying the signatures of inactive voters, something the lawsuit argues is unconstitutional.

Montana’s constitution says petitions can be signed by qualified voters, which it defines as citizens of the United States, who are at least 18 years old and who meet registration and residency requirements.

The Secretary of State argues that inactive voters are not “qualified voters” whose signatures can be accepted. His office says inactive voters should take steps such as showing up to vote, confirming their address or requesting an absentee ballot to restore their status as an active voter and therefore a “qualified voter.”

The Montana Republican Party opposes efforts to protect abortion rights and hold open primaries.

Republican Attorney General Austin Knudsen issued opinions saying proposed language for party primary voting and abortion protections were insufficient.

Knudsen rewrote the abortion language to say that the proposed amendment would, in part, “permit post-viability abortions up to birth,” “eliminate the State’s compelling interest in preserving prenatal life,” and “could increase the number of abortions funded by taxpayers.” abortions.”

Supporters appealed their views to the Montana Supreme Court and the text of the petition was approved. The judges wrote the text of the petition for the abortion initiative.

“Extremists attempted to block this initiative, mislead voters by rewriting language, disrupt signature collection through intimidation, and interfere with the rights of registered Montana voters to sign the petition,” Kiersten Iwai, spokeswoman for Montanans Securing Reproductive Rights and executive director of Avançado Montana, said in a statement.

Austin James, the chief legal counsel for the secretary’s office, warned supporters of the abortion initiative in a letter that a legal challenge “is likely to frustrate the pace of processing your clients’ petitions within the legal period allotted to counties to do so.”