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register, and cast a ballot on Election Day. Mont. Code Ann. $ 13-2-304; Ex. S00l at 4. 10. Secretary a. of State. Defendant Corey Stapleton is the Secretary of State for the State of Montana. Agreed Fact No. 45. b. Dana Corson is the Election Directot for the Montana Secretary of State. 09109120 Trial Tr. I (Corson) at c. 402:17 -402:21 . The Secretary of State's Offrce sets policy regarding the conduct of elections; statewide election procedures; and provides technical support to county election administrators on election day. Scribner Dep. Tr. 173:12-19; 176:4-7; see also Mont. Code. Ann. $$ 13-l-201-13-l-204. I 1. Attorney General. a. Defendant Tim Fox is the Attomey General for the State of Montana. Agreed Fact No.46. 12. Commissioner of a. Political Practices (COPP). Defendant Jeff Mangan is the Commissioner of Political Practices for the State of Montana. Mangan Dep Tr. 19:7-8; see also id. at 22:17-21. b. Katie Beall was the Outreach and Education Coordinator for the Office of Political Practices until March 2020. Mangan Dep. Tr.54:14-18; Beall Dep. Tr.20:3-7. c. Scott Cook is the Legal Investigator for the Office of Political Practices. Mangan Dep. Tr. 55:11-12; Cook Dep. Tr. 15:20-16:2. I All citations in this document are to the daily rough transcript rather than the f,mal transcripts in as the parties were directedbytheCourtduetothetimesensitivenatureofthemattersbeinglitigatedandupcomingelection.09/10/20 Trial Tr. (Order) at 703:10-17. 4

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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
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