70. This is arbitrary, as the legislative record lacks any rationale to explain why the two
forms ofdelivery should be treated differently.
71. It is also irrational as there is no reason why an individual intent on committing voter
fraud could not collect ballots and drop them offat a mailbox, thus circumventing the
state purpose of the Act.
72. Second, Defendants have also created the risk ofan inconsistent enforcement scheme.
73. The Attomey General acknowledges the risks of inconsistent enforcement but has not
issued any guidelines or directives for enforcement of BIPA.
74. While Defendants Stapleton and Mangan have adopted this interpretation of BIPA,
their interpretation is not binding on county attomeys, who are also able to bring
prosecutions under BIPA.
75. There
is nothing in the record to show that ballots retumed by mail are any
less
susceptible to fraud.
76. Their interpretation could also be changed by future administrations.
77.There has been no coordinated enforcement policy between Defendant Mangan and
county attomeys, and Defendant Mangan testified that he never spoke to local officials
about the one investigation that involved BIPA.
78. Defendant Mangan also did not involve county attomeys in the informal referrals that
he received from election administrators of BIPA violations, which he decided to
resolve by sending voters letters and not seeking to enforce monetary penalties.
79. Because enforcement may occur both at the state level through Defendant Mangan's
office and at the local county attomey level, see Mont. Code An". $$
13-37
-124; 13-
37-125,BIPA invites differences with how each could interpret the same activity.
55