Decision means changes for Nov. 3

UPDATE: Wednesday, 3 p.m.

The Montana Supreme Court late Tuesday issued an order preventing the enforcement of Judge Harris's decision on election day ballot statues. That means that ballots must be received by the Elections Office no later than 8 p.m. on Election Day, Nov. 3. Postmarks will not be considered. Harris's decision on BIPA was not affected by the Montana Supreme Court order.

ORIGINAL ARTICLE:

   With the election just about a month away, when ballots must be turned in is under review in the state of Montana.

   The Montana Democratic Party filed a case against the Secretary of State saying that the state’s Ballot Interference Prevention Act (BIPA) and the state’s Election Day Receipt Deadline statutes violate Montana’ Constitution. District Court Judge Donald Harris heard the case and agreed with the plaintiff’s request.

   In the judgment, Harris said the Secretary of State, Corey Stapleton, is permanently prohibited from enforcing BIPA and changed the ballot receipt deadline for the November 3 general election. Harris ordered that absentee ballots postmarked on or before Election Day will be counted.

   State law requires that ballots be received by 8 p.m. on Election Day, regardless of the postmark. With Harris’s ruling, election officials must receive them by 3 p.m. on the second Thursday after the election (November 12). The plaintiffs argued that many absentee ballots arrive to election offices on Election Day and that ballots received on or near Election Day are at risk of not being counted if unanticipated mail delivery issues delay their arrival. Sanders County Election Administrator Nichol Scribner testified in the court case that the county has an informal arrangement with the local post offices where they set the incoming ballots aside instead of sending them to a U.S. Post Office processing center, in order to provide a more timely return of the ballot to the election office.    However, Ronald Stroman, a former U.S.P.S. Deputy Postmaster, testified during the court case that a postmark deadline is beneficial because it eliminates the need for these kinds of informal, unauthorized agreements between local U.S.P.S. facilities and county election officials and strengthens the chain of custody of ballots.

Scribner said that changing the deadline for receiving ballots impacts the deadlines for post-election audits and the release of official election results. With the District Court ruling, the post-election audit will be complete by Nov. 16 (13 days post-election) and the canvass will need to be done by Tuesday, Nov. 17. Scribner added that the county will have to rely on the U.S. Postal Service to postmark every single ballot, and she said it is not uncommon for them to receive mail not postmarked.

   This week, the Secretary of State filed a notice with the Montana Supreme Court that he plans to appeal the court ruling.

   BIPA limits the ability to collect ballots and turn them in to election officials. The law limited to six the number of ballots that one person could turn in and authorized only certain individuals to collect ballots. The Montana Democratic Party also argued that BIPA eliminating the use of unstaffed secure drop boxes for voters to deposit ballots during non-work hours imposed additional burdens on absentee voters. BIPA also required forms for those turning in ballots that were not their own. Scribner said that in May of this year, before the District Court action, the county received more than 200 BIPA forms and only two were filled out correctly.

   The Sanders County Election Administrator and County Commissioners decided earlier this year to hold an all-mail ballot election. Ballots will be mailed Oct. 9. Scribner said the county will staff drop boxes in each community from 10 a.m. to 2 p.m. on October 22 and 29, the two Thursdays prior to Election Day. The drop boxes will also be available from 7 a.m. to 8 p.m. on Election Day. “If people are using the mail, vote and return your ballot as soon as possible and track it with the Montana Secretary of State My Voter Page app to ensure it is received by the election office,” Scribner added.

For now, Scribner and the county elections staff encourage voters to utilize the options they have available to cast their ballots prior to or on Election Day. “We do not know what the outcome of the appeal will be, nor do we know when it will be,” Scribner said. “Make your vote count and get your ballot in to the election office on or before Election Day.”