110.
An Election Judge Handbook contains numerous provisions to determine how to
understand the intent
11
1.
All of
ofthe voter.
the provisions in place before BIPA were sufficient to deter and detect
election fraud.
112.
Even assuming that a registry requirement of all ballot collectors and a limitation
on the numbers of ballots collected were both necessary to meet a compelling state
interest, there is no basis to support the limit of six ballots per collector.
113.
Indeed, the LR-129 ballot language did not mention that ballot collectors would be
limited to collecting six ballots per election cycle meaning Montana voters were not
provided with key details about the issue while engaging in the voting process.
t
14.
In response to a question of "how did you decide on the number of six" ballots per
collector and the observation that
"it
seems like
just kind of an arbitrary number,"
Senator Olszewski stated that he performed a "small survey sample."
115.
BIPA,
as enacted, is not
narrowly tailored and thus fails strict scrutiny.
ORDER
I
.
Judgment is hereby found in favor of the Plaintiffs Westem Native Voice, Montana
Native Vote, Assiniboine and Sioux Tribes
of Fort Peck, Blackfeet Nation,
Confederated Salish and Kootenai Tribes, Crow Tribe and Fort Belknap Indian
Community and against Defendants Corey Stapleton, Tim Fox and Jeff Mangan that
BIPA violates Plaintiffs' constitutional right to vote.
2.
Judgment is hereby found in favor of the Plaintiffs Westem Native Voice, Montana
Native Vote, Assiniboine and Sioux Tribes
of
Fort Peck, Blackfeet Nation,
Confederated Salish and Kootenai Tribes, Crow Tribe and Fort Belknap Indian
60