In a contentious legal battle unfolding in Montana, two organizations are taking the state’s Secretary of State to court over signature acceptance rules for proposed constitutional initiatives. These initiatives face uncertain prospects for appearing on the November ballot.
The dispute centers on the inclusion of signatures from “inactive voters” — individuals who have not participated in recent elections or updated their registration details. According to a lawsuit filed in District Court by advocacy groups, these signatures were previously accepted but are now being rejected following directives from Republican Secretary of State Christi Jacobsen. The plaintiffs argue that this sudden policy shift, implemented after signatures were collected, unfairly disenfranchises voters and violates constitutional rights.
Jacobsen argues the 2023 legislature change to law to clarify “inactive voters” are not qualified electors and thus not able to sign the petition. The bill, Senate Bill 498, was sponsored by Democrat Senator Shane Morigeau. SB 498 passed with broad bi-partisan support, receiving 49 voters in the Senate and 91 votes in the House.
District Court Judge Mike Menahan, a former Democrat legislator, has expedited the case, scheduling a hearing to review the motion seeking to overturn the new rules and allow the inclusion of signatures from inactive voters. This decision could determine whether initiatives concerning abortion and changes to the primary elections proceed to the ballot.
An in initial hearing is set for Tuesday in Helena.