County Commission approves contract for outside counsel for second election lawsuit
During their June 13 meeting, County Commissioners approved a contract for outside counsel to represent the county and Sandra Merchant in the second lawsuit filed over the May 2 election.
Attorney Elizabeth Lund of Berg Lilly is defending the county and Merchant in the lawsuit filed by the Great Falls Public Library board.
A second lawsuit was filed by property owners in the Fort Shaw Irrigation District and the West Great Falls Flood Control and Drainage District over issues with their May 2 elections.
Contracting with Lund for legal services in the second lawsuit “is prudent as these matters require a level of time commitment which is not readily available given the current staffing of the county attorney’s office,” according to the staff report.
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In a June 6 memo to County Attorney Josh Racki, Lund wrote that their services are billed on an hourly rate and her rate is $225 per hour and their paralegal bills at $90 per hour.
She wrote that her firm would bill the county monthly and does not require a retainer for representing the county in the second lawsuit.
Carey Ann Haight, deputy county attorney, told The Electric that the Montana Association of Counties Property and Casualty Trust, the county’s insurance provider, authorized a defense in the litigation filed by the library board but did so under a “reservation of rights.”
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She said the trust denied coverage for the litigation filed by Elliot Merja and others for the special district elections.
During their June 13 meeting, Richard Liebert said that Merja had raised concern’s during Merchant’s March 31 presentation on elections that was light on details.
He said the public still hasn’t see the cost for the May 2 elections or the June 6 library election. He said he understood challenges for the election office, but that Merchant’s “excuses are wearing thin.”
Liebert said that the June 6 election went better due to the court appointed monitor.
Shannon Wilson, who volunteered in the elections office before the May 2 election, asked if it would be cheaper to redo the special district elections rather than fight a lawsuit.
The lawsuit asks the court to compel the county to redo those elections based on alleged violations of law.
Later in the meeting, Liebert said that those who signed a petition last year asking commissioners to eliminate mail ballots and make other election changes, several of which would be in violation of state law, should not be working in the elections office as staff or volunteers.
“This is a violation of ethics and ethics is serious,” he said.
Nancy Donovan, who signed the petition and volunteered in the elections office, said that signing a petition about changing laws is American and citizens have a voice.
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She said it was “stressful” to have the court appointed monitor watching the elections office for the June 6 library election.
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Donovan said voting in person is a good idea since a person in the election office has the option to throw out ballots if the signatures don’t match.
State law, however, has a specific process for verifying signatures that does not include tossing ballots.
Photo by Matt Ehnes of Jared’s Detours





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