p.
Those 853 ballots represent fully 9-10% oftotal absentee ballots cast in precincts
targeted by Organizational Plaintiffs. 09/08/20 Trial Tr.
(Mclean) at39:24-40:11;
Pl. Ex. 128; see also 09110120 Trial Tr. (Hood) at 626:l-15 (neuly
60/o
of all on-
reservation absentee ballots).
q.
Before the passage
of BIPA, the
Secretary
of State's Office did not have any
concrete concerns regarding ballot collection
in Montana.
09109120
Trial Tr.
(Corson) at 458: l9-459:6.
r.
One of the Secretary
of State's goals is to promote democracy, which includes
participation and increasing voter tumout. 09/9/20 Trial Tr. (Corson) at 431: l2-25.
s.
The Secretary of State's Oflice finds that making sure ballots are retumed is one
element of a successfu l election.
t.
09 /09 120
Trial Tr. (Corson) at 45 8:9- 1 2.
When a voter entrusts Organizational Plaintiffs with their ballot, Organizational
Plaintiffs feel responsible for delivering that ballot in person. 09/08120 Trial Tr.
(Mclean) at 43:6-1).
u.
BIPA impedes Organizational Plaintiffs' ability to clearly communicate with voters
about collection options and timelines. 09108/20 Trial Tr. (Mclean) at 49:19-24;
50:3-6.
v.
Mclean testified that ballot collection is a political statement. 09/08120 Trial Tr.
(Mclean) at 55:7-12.
w.
Organizational Plaintiffs have never been the subject of an investigation by any
entity for alleged voter fraud. 09108120 Trial Tr. (Mclean) at 56:3-l 6.
.A