95. Under strict scruliny, "the govemment must show that the law is narrowly tailored to
serve a compelling government interest." Mont. Cannabis Indus. Ass'n,
96. As Defendants caffrot make
I16.
tlat showing, BIPA should be enjoined.
97. BIPA does not serve a compelling govemmental interest.
98. The only stated govemmental interest for BIPA was to stop unsolicited ballot collection
and to prevent ballot interference.
99. Yet, uniform testimony by election administrators and State of Montana officials was
that unsolicited ballot collection and ballot interference was not and has never been a
problem in Montana.
100.
The Court places great weight to this testimony because election administrators
have firsthand knowledge
101.
ofhow elections in Montana are administered.
Thus, aside from the bill sponsor's assertion at hearing, nothing in the legislative
record supports a frnding that Montana has or ever had a problem with unsolicited
ballot collection or that ballot interference represents a compelling government interest
in Montana.
102.
The State admits there is not a single example of voter fraud in Montana caused by
ballot collection.
103.
However, assuming arguendo that unsolicited ballot collection is a compelling
interest, BIPA is not narrowly tailored enough to meet this interest.
104.
BIPA applies to a/i ballots collected, even when affirmatively solicited by voters
themselves. In the words of the clerks in charge of running elections, BIPA targets
voters who are doing things right, rather than creating a deterrent for the people who
would do things wrong.
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