The COVID-19 pandemic is forcing changes for this year’s election cycle.

Last week, New Approach Montana filed a lawsuit in Lewis and Clark County District Court asking that for just the current election cycle they can obtain electronic signatures in support of their petition to put Constitutional Initiative 118 and Statutory Initiative 190 on the 2020 ballot.

CI-118 would amend the Montana Constitution to allow for the people by initiative or the legislature to establish the legal age for purchasing, consuming or possessing marijuana and I-190 would legalize the possession and use of limited amounts of marijuana for adults over the age of 21.

New Approach Montana argues in their complaint that its “neither ethical or permitted under the terms of the governor’s executive orders and directives for the sponsors of CI-118 and I-190 to obtain signatures in person from Montana electors in order to quality the initiatives for the 2020 ballot.”

Another change involves most counties in Montana opting to use a mail ballot for the June primary, though voters can still go to the polls if they choose.

Bullock gives counties option to do June primary by mail due to COVID-19; Cascade County will do mail ballot

The goal is to lessen the number of people congregating in one place, causing health risks to the election judges, staff and general public due to the pandemic.

Cascade County will be conducting a mail ballot for the June primary and county commissioners voted 2-1 on April 1 to approve that change, which was left up to counties by Gov. Steve Bullock.

Commissioner Joe Briggs voted against the move saying he didn’t think the governor had the authority to waive state law, which states a regularly scheduled federal, state or county election cannot be done by mail.

Rina Moore, the county elections official said during that meeting that if Cascade County didn’t use a mail ballot, it would be the standout in Montana.

There was some question regarding liability should a candidate challenge the election in court.

Briggs said he the Montana Association of Counties wouldn’t guarantee insurance coverage.

Moore said during the meeting that her communications with the legal office at MACO indicated the greater liability would be if the county didn’t use a mail ballot and someone contracted COVID-19 at the polls.

Commissioner Jane Weber said she felt the county would be protects since the governor was giving them the option and state lawmakers were supportive of the mail ballot during the pandemic.

Briggs said he was supportive of the concept, but the governor “doesn’t have the authority to overrule statutes that govern counties.”

Jenn Rowell

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