Montana: With 2014 Elections Looming, Ninth Circuit Agrees to Hear Native American Voting-Rights Appeal | ICTMN.com

On February 20, the United States Court of Appeals for the Ninth Circuit, which includes the nine westernmost states, said it would hear the appeal of a Montana voting-rights lawsuit. The appeal arose when a Montana federal judge, Richard Cebull, denied a 2012 request from Native voters for a preliminary injunction ordering early-voting/late-registration satellite offices on the Northern Cheyenne, Crow and Fort Belknap reservations. The judge made his decision on October 30, 2012, and filed his order on Election Day, November 6. “This lawsuit, filed after months of requests for the satellite offices, could not be more timely,” said Blackfeet tribal member Tom Rodgers, who is working with Four Directions, a voting-rights group. “We see similar issues for tribes nationwide—efforts to impede Native registration, to limit the time for voting and to make it more difficult. All rights in a democracy flow from the right to vote.” For several election cycles, Four Directions has pressed for Native access to early voting, a convenient form of balloting that has increased election participation nationwide.

Montana: Bill to give option of all-mail Montana elections meets opposition | Missoulian

A proposal, backed by Montana’s top election official and local election administrators, to give counties the option of switching to all-mail voting for elections ran into a buzz saw of opposition Friday. Lining up against House Bill 428 were representatives of groups representing Native Americans, disabled people, the elderly, environmentalists, plus some conservatives, including Tea Party advocate Mark French of Paradise. The bill by Rep. Doug Kary, R-Billings, would make it a local option for county commissioners in to decide whether to switch to vote-by-mail elections for their county in all federal and state elections. Nearly 59 percent of Montana voters last year cast their votes by mail, and the percentage rises every year, Kary told the House State Administration Committee. The bill would save money and reduce the possibility of fraud, he said. Secretary of State Linda McCulloch said the percentage of people voting absentee has risen by four times from 15 percent in 2000 to the near 60 percent last year.

Montana: Gov. Bullock and GOP senator roll out fix to stamp out campaign ‘dark money’ | Henleair

Gov. Steve Bullock, a Democrat, and a Republican state senator joined forces Thursday behind a bill they said will force backers of anonymous political attacks in Montana to disclose their donors. “It is one thing to lie and distort the records of positions of those seeking office,” Bullock said at a Capitol news conference. “It takes it to a whole different level when those trying to corrupt our elections aren’t even courageous enough to stand behind their statements by disclosing who is writing the check.” Bullock said he is supporting a bill sponsored by Sen. Jim Peterson, R-Buffalo, that, among other things, will require groups funding such attacks to report their donors.

Montana: Online voter registration bill wins committee support | Montana Standard

Montana could make it more convenient, improve accuracy and save money by allowing people to register to vote online, a senator told a committee Wednesday. “This is simply another mechanism to make sure more people have access,” Sen. Dave Wanzenried, D-Missoula, told the Senate State Administration Committee. His Senate Bill 206 would let people register to vote online, provided they have a valid Montana driver’s license or a Montana identification card. People registering online would have to attest the information they are entering is true, agree to use the signature on their Montana driver’s licenses or ID card on file with the state and submit it electronically.

Montana: Bill to allow online voter registration wins support | Helenair

Montana could make it more convenient, improve accuracy and save money by allowing people to register to vote online, a senator told a committee Wednesday. “This is simply another mechanism to make sure more people have access,” Sen. Dave Wanzenried, D-Missoula, told the Senate State Administration Committee. His Senate Bill 206 would let people register to vote online, provided they have a valid Montana driver’s license or a Montana identification card. People registering online would have to attest the information they are entering is true, agree to use the signature on their Montana driver’s licenses or ID card on file with the state and submit it electronically.

Montana: Bill to end Election Day voter registration gets initial OK in Montana House | Missoulian

House Republicans pushed through a bill Thursday to end same-day voter registration and instead cut it off at 5 p.m. on the Friday before Election Day. House Bill 30 by Rep. Ted Washburn, R-Bozeman, passed an initial 61-39 vote, with all Republicans voting for it and all Democrats against it. The bill faces a final vote before heading to the Senate. Republicans cited long waiting lines and confusion on Election Day resulting from what’s known as “same-day voter registration” as a reason to change the 2005 state law. Democrats countered that it would deprive people of their right to vote if they learned on Election Day they weren’t registered when they thought they were. “All we’re doing is moving the registration back so that the clerk and recorder’s staff can work on the election on Election Day, and the voters, if they’re going to run through the voting process, can be moved along speedily, rather than a four- to six-hour wait,” Washburn said.

Montana: House committee passes contentious bill banning same day voter registration | MTPR

A bill sponsored by Montana Representative Ted Washburn (R-Bozeman) to nix the state’s same-day voter registration system passed the House State Administration Committee on party lines Friday, with Republicans voting for it and Democrats against. Another bill sponsored by Washburn which would require a Montana-issued ID card to vote, was tabled in the committee after three Republicans voted with Democrats. The same-day voter registration closure bill moves the final day to register to the Friday before Election Day. The bill drew long lines of opposition during its public hearing last week, compared with two people speaking in favor of it.

Montana: Voter ID Bill Tabled In Committee | Huffington Post

Montana lawmakers dealt a blow to voter identification proponents by effectively killing a bill that would have limited voter ID options. The House State Administration Committee on Friday morning tabled a measure that would restrict acceptable identification cards for voter registration to state driver’s licenses, non-driver ID cards and tribal ID cards. Montana lawmakers currently are grappling with several dozen election-law bills, including one banning same-day voter registration, which the committee approved during Friday morning’s meeting. The decision to table the voter ID bill passed with both Democrats and Republicans voting to kill it.

Montana: Voter ID bill gets public hearing in Montana Legislature | KRTV.com

If a Bozeman legislator gets his way, some Montanans will need to get a different form of identification in order to vote. In Montana a voter can go to polls and cast their ballot if they have a driver’s license, a school ID, a tribal or military ID, a passport or any other official documentation that includes the voter’s name and address. MT State Representative Ted Washburn (R-Bozeman) wants to limit the eligible forms of ID to driver’s licenses, state issued identification card and tribal identification cards. He presented his bill before the House Administration committee on Thursday and no one stood up to support it.

Montana: Another voting bill draws heavy opposition, Sponsor says it’s misunderstood | MTPR

A bill requiring a Montana issued identification card in order to register to vote prompted a long line of opponents during its Wednesday hearing. One person did line up to speak in favor of the bill but was dismissed for not approaching during the time designated for bill proponents. Representative Ted Washburn (R-Bozeman) is sponsoring several bills this session to modify the state’s voter registration process, including one which would eliminate Montana’s same-day voter registration system. He says he believes the current system is open to potential fraud, but that his voter ID bill (HB 108) does not confront those issues.

Montana: New voter ID law proposed in Montana | KBZK.com

If a Bozeman Representative gets his way, some Montanans will need to get a different form of identification in order to vote. In Montana, a voter can go to polls and cast their ballot if they have a driver’s license, a school ID, a tribal or military ID, a passport or any other official documentation that includes the voter’s name and address. State Representative Ted Washburn (R – Bozeman) wants to limit the eligible forms of ID to driver’s licenses, state issued identification card and tribal identification cards. He presented his bill before the House Administration committee Thursday and no one stood up to support it.

Montana: Big turnout against bill to end Election Day voter registration | Independent Record

A bill to end voter registration on the Friday before Election Day drew widespread opposition Monday from the state’s chief election official and groups representing Indians, disabled people, women, seniors, union members and others. In all, 20 people testified against House Bill 30, by Rep. Ted Washburn, R-Bozeman, while two people spoke in favor of it. It would end voter registration at 5 p.m. on the Friday before Election Day, which is the next Tuesday. The House State Administration Committee took no immediate action on the bill.

Montana: Bill would tighten some Montana campaign finance laws | The Missoulian

No one showed up to oppose a bill Friday to tighten and make more specific some of Montana’s campaign finance laws after a federal judge struck down some of them as unconstitutionally vague last year. At issue before the House State Administration Committee was House Bill 129 by Rep. Steve Gibson, R-East Helena. The bill came after U.S. District Judge Charles Lovell of Helena struck down some state laws last year in a lawsuit filed by American Tradition Partnership. They included the state’s political civil libel law, which made it illegal to misrepresent a candidate’s voting record.

Montana: Judge throws book at American Tradition Partnership again; finds that it violated multiple state laws on disclosure | Helenair

The conservative “dark money” political group fighting state efforts to force disclosure of its finances lost another key court decision Friday, as a state judge ruled that it violated multiple state campaign-finance and election laws. District Judge Jeff Sherlock, of Helena, citing American Tradition Partnership’s continued failure to produce records requested by the state and the court, adopted the state’s proposed findings that ATP acted as political committee in 2008 and therefore must report its spending and donors. Sherlock ruled that members and officers of ATP used its corporate, nonprofit status “as a subterfuge to avoid compliance with state disclosure and disclaimer laws during the 2008 Montana election cycle.”

Montana: Dark Money Helped Democrats Hold a Key Senate Seat In Montana | ProPublica

In the waning days of Montana’s hotly contested Senate race, a small outfit called Montana Hunters and Anglers, launched by liberal activists, tried something drastic. It didn’t buy ads supporting the incumbent Democrat, Sen. Jon Tester. Instead, it put up radio and TV commercials that urged voters to choose the third-party candidate, libertarian Dan Cox, describing Cox as the “real conservative” or the “true conservative.” Where did the group’s money come from? Nobody knows. The pro-Cox ads were part of a national pattern in which groups that did not disclose their donors, including social welfare nonprofits and trade associations, played a larger role than ever before in trying to sway U.S. elections. Throughout the 2012 election, ProPublica has focused on the growing importance of this so-called dark money in national and local races.

Montana: Secretary of State reacts to canceled recount | KTVQ.com

Montana Secretary of State and Chief Elections Officer Linda McCulloch received word from the Eleventh District Court at 3pm Tuesday that Sandy Welch was withdrawing her application for a recount of the State Superintendent of Public Instruction Race. Welch trailed democrat incumbent Denise Juneau by 2231 votes after the official statewide canvass. “We are disappointed that there will not be a recount, ” said McCulloch.

Montana: Judge orders statewide recount | Daily Inter Lake

Flathead County District Court Judge Stewart Stadler ruled Friday that a statewide recount is warranted for the state Superintendent of Public Instruction race, but a state attorney told Stadler his ruling would be appealed to the Supreme Court Monday. Even though the Republican candidate in the race, Martin City resident Sandy Welch, has to pay for the recount, Friday’s proceedings turned out to be a legal skirmish involving issues beyond vote counting. Amy Eddy, a Kalispell attorney representing Democratic incumbent Denise Juneau, said Welch’s team is aiming to “disenfranchise voters” by challenging and disqualifying ballots that may be legally tainted.

Montana: Software Error Validated in Lewis & Clark County Ballot Counting Machines | KFBB

As Superintendent of Public Instruction candidate Sandy Welch prepares for her Kalispell District Court hearing tomorrow, a letter from the Lewis and Clark County Elections Supervisor confirms a software error in their ballot counting machines. Welch’s application emphasized six specific counts where adequate probable cause is presented to the court on ballot counting errors that may have falsely affected the superintendent race. Two of the six counts noted specific errors in the use of model 650 ballot counting machines.

Montana: Welch seeks recount in Montana, but faces long odds | Helenair

Alleging widespread voting machine errors and other Election Day problems, Republican Sandy Welch requested a manual vote recount Monday in the race she narrowly lost for Montana schools superintendent. Official results had Democrat Denise Juneau leading Welch by 2,231 votes out of more than 468,000 cast in the Nov. 6 election. An elections expert said Monday that slim margin is likely too large for Welch to overcome. But Welch, a Martin City education consultant, said voting glitches in Lewis and Clark, Yellowstone, Beaverhead, Missoula and other counties were widespread enough that she can make up the difference and prevail on a recount.

Montana: Voter ID Law Pushed By State Lawmaker | Huffington Post

A Republican lawmaker in Montana is pushing legislation to restrict voter identification in the state to driver licenses and tribal ID cards. State Rep. Ted Washburn (R-Bozeman) told The Huffington Post that his proposal would prevent out-of-state residents from coming into the state with the purpose of registering to vote. He said by moving to the use of a driver license as the primary form of identification, anyone registering to vote would need to have lived in the state for at least 60 days, since state law requires residents to obtain a Montana driver license within that time frame. Under current law, residents can register within 30 days of moving and can present a utility bill as proof of residency.

Montana: Yellowstone County looks to pinpoint ballot-counting issues | Great Falls Tribune

Yellowstone County officials are reviewing what happened during the Election Day ballot count that delayed voter returns from the state’s most populous county by several days. Election administrator Brett Rutherford told county commissioners Tuesday he will prepare a report for them on what went wrong and will recommend improvements. “Obviously, we had some problems election night,” Rutherford said. “I want to look at the whole thing from top to bottom,” he added.

Montana: Ballot counting in Yellowstone County pushes on | Helenair

The sun had set twice since Election Day and still Yellowstone County workers were counting votes Thursday afternoon on ballot machines that jammed after a couple of dozen ballots. With right around 70,000 voters turning out for the general election, it was the worst possible time for things to go haywire. Elections Administrator Bret Rutherford and his predecessor, Duane Winslow, said several things had tripped up their count. The biggest snag appears to be folded absentee ballots, of which Yellowstone County issued about 53,000. “It really was just the jamming that was the main issue,” Rutherford said.

Montana: They’re still counting votes in Yellowstone County | Independent Record

There’s a light at the end of the tunnel for the final vote tally in Yellowstone County from Tuesday’s general election, but it could take most of Thursday to get there. “We hope to have everything done by the end of business hours today,” said Bret Rutherford, Yellowstone County elections administrator. After more than 48 hours at MetraPark’s Montana Pavilion, election officials were still counting votes. Due in large part to technical difficulties with the county’s three vote-counting machines, about 30,000 absentee ballots remained uncounted at the beginning of Wednesday morning.

Montana: Voters’ Verdict: Supreme Court Was Wrong | WSJ

Five months after the Supreme Court threw out Montana’s 1912 campaign finance law, the state voted overwhelmingly to throw out the justices’ reasoning. Montana’s Initiative 166, which passed with 75% of the vote, disputes the high court’s constitutional analysis and directs the state’s congressional delegation to propose a constitutional amendment overturning the court’s 2010 Citizens United campaign finance ruling. What’s more, the state elected as governor Democrat Steve Bullock, who championed the state’s campaign-finance restrictions in his previous job as state attorney general.

Montana: Federal appeals court reinstates Montana campaign contribution limits as election looms | The Washington Post

The 9th U.S. Circuit Court of Appeals reinstated Montana’s campaign donation limits, telling the federal judge who struck down the limits that the panel needs to see his full reasoning so it can review the case. The court intervened late Tuesday less than a week after the judge’s decision opened the door to unlimited money in state elections — during the height of election season. In response, U.S. District Judge Charles Lovell issued a 38-page conclusion Wednesday morning that reinforced his earlier decision finding that the state’s limits are too low to allow effective campaigning. He suggested the state Legislature would have a “clean canvas” to perhaps establish new, higher limits that could meet constitutional muster.

Montana: Tribal members sue for voting access | Missoulian

A group of American Indians from the Crow, Northern Cheyenne and Fort Belknap reservations sued state and county election officials in federal court on Wednesday, seeking equal access to voting through satellite offices. The lack of satellite election offices on reservations, the plaintiffs allege, forces Indians to drive long distances to vote at the county seat, is discriminatory and denies Indians their voting and civil rights under federal law and the U.S. and Montana constitutions. A few of the 15 plaintiffs and consultants assisting with the case gathered outside the federal courthouse in Billings on Wednesday to discuss the issue. Plaintiff Marty Other Bull, a Crow tribal member and registered voter who lives in Crow Agency, votes in person. While he has a greater opportunity to vote at the Big Horn County election office in Hardin, about 15 miles away, Other Bull said many tribal members in Wyola, Lodge Grass and Pryor have to travel farther. “For us to be traveling to Hardin, it’s a hardship for most of us. This is a good step to work together,” Other Bull said.

Montana: Tribes Demand Equal Access to Early Voting | ICTMN.com

On October 10, members of three Montana tribes—Northern Cheyenne, Crow and Gros Ventre and Assiniboine—filed a voting-rights lawsuit in federal court in Billings. One defendant is Montana’s head election official, Secretary of State Linda McCulloch. The other 13 are commissioners and election officers of Rosebud, Big Horn and Blaine counties, which overlap the three tribes’ reservations, respectively, and handle their non-tribal elections. The tribal members are suing because the officials do not plan to provide the three reservations with satellite offices for early voting, which got underway in Montana on October 9 and runs through election day. The 16 plaintiffs say this violates rights protected by the United States and Montana constitutions and the Voting Rights Act (VRA). All three counties named have lost or settled VRA suits. Today’s failure to provide satellite early voting reinforces a “history of official racial discrimination in voting,” the suit said.

Montana: Judge strikes down Montana campaign contribution limits | Missoulian

A federal judge Wednesday struck down Montana’s dollar limits on campaign contributions to state candidates, dealing another blow to long-standing state laws that attempt to limit money in politics. U.S. District Judge Charles Lovell of Helena, in a brief order, said the nearly 20-year-old limits violate free speech rights under the First Amendment of the Constitution, because they prevent candidates “from amassing the resources necessary for effective campaign advocacy.” Lovell permanently blocked the state from enforcing its contribution limits, apparently opening the door for individuals, political parties and political action committees to give virtually unlimited amounts of money to candidates running for Montana office this election season. However, state Attorney General Steve Bullock – who’s also running for governor this year – said his office will ask for an emergency stay of Lovell’s ruling while it appeals the order to the 9th U.S. Circuit Court of Appeals.