Previous 39 / 61 Next

collected ballot, and there is no data, evidence, analysis or studies that indicate that ballot collectors who are known to voters are less likely to tamper with a ballot in Montana. 09/10/20 Trial Tr. (Corson) at 488: 15-489:3. m. Mail Exemption. i. Defendant Mangan and Defendant Stapleton have interpreted BIPA to apply to only ballots hand-delivered and not to ballots put into the mail . 09110120 Trial Tr. (Corson) at 482:17-19; Pl. Ex. 14. The Attomey General agrees. AG Dep. Tr.77:8-17 . ii. The exemption of mail ballots only further disproportionately impacts Native American communities living on reservations. Pl. Ex. 25 at 9-1O/Stip. Ex. 5; see also 09109/20 iii. Trial Tr. (McCoot) ar339:17-24, Given the limitations and issues with mail service on reservations in Montana, ballots had been historically collected and tumed into polling places and election centers and not put in the post. 09/09/20 Trial Tr. (McCool) at 339: I 724; see also 09109120 Trial Tr. (Street) at 274: l9-276:23. n. Additional, Unnecessary Work i. The process of compliance and enforcement is cumbersome and time consuming. Staff in Defendant Mangan's office have complained that BIPA is an unfunded mandate for election adminiskators and their office. Beall Dep. Tr. 134:12-136:17; Pl. Ex. 40. ii. Cascade County election administrator Rina Moore has also called BIPA an "unfunded mandate." She also refers to BIPA as the "Voter Suppression Act of 2018." Moore Dep. Tr.29:9-10;53:4-16. 39

Select target paragraph3

● ● ●

Western Native Voice v. Stapleton

Judgment

Question Presented: Whether the Ballot Interference Prevention Act violates the Plaintiff’s right to vote, right to free speech, right to association, and due process.

Alleged Acts: Montana presents unique challenges as the fourth largest state in terms of land size, but the third least densely populated. Consequently, most voters utilize the absentee voting procedure. Montana also is home to seven Reservations, intersecting with sixteen different counties. These Reservations each have unique challenges to voting including a lack of home mail delivery, transportation that does not run on a regular route, taking administrative leave to drive in groups to polling stations, limited mail routes and drop-off locations, lack of convenient P.O. boxes, and mail delays. Further, many Native American Reservations have difficulties traveling due to high poverty levels, lack of working vehicles, car insurance, licenses to drive off of reservations, or money for gasoline to travel to polling stations. Some Native Americans on Montana Reservations have voted through the collection and conveyance of their ballot to local election offices by community members and third parties.

Summary: The Defendants failed to provide evidence that the state of Montana has or ever had a problem with unsolicited ballot collection or ballot interference. Thus, because the Ballot Prevention Act interferes with fundamental rights it is required to meet strict scrutiny. The Ballot Interference Prevention Acts limits the number of ballots per collector to six ballots and the court determined that this did not meet a compelling state interests, lack basis, and the voter were uninformed of this limitation at the time of voting — ultimately failing a strict scrutiny test.

Conclusion: The court found in favor of the Plaintiffs stating that the Ballot Interference Prevention Action violated the right to free speech, right to vote, right to association, and right to due process.

Legal Issue(s)

Elections as a Fundamental Right
Indigenous Persons
Vote Verification and Transmission

Applicable Law(s): Ballot Inference Prevention Act

Region: Americas

Country: United States of America

Language of Decision

English

Court: Trial Court

Election Type: Review of law

Date of decision: Sep 25, 2020

Geolocation

Latitude: 46.55684320353664

Longitude: -112.0529752389978

: Geolocation

Primary Documents

Western Native Voice v. Stapleton.pdf
English
Download View

Election Judgments - IFES

Select target paragraph3

Western Native Voice v. Stapleton

Primary Documents

Notifications