Montana Could Ban Ballot Harvesting

What the Referendum Does

Montana LR-129 would ban “ballot harvesting,” the practice of allowing individuals and organizations to collect large numbers of voters on behalf of voters. It’d ban all but specified individuals from collecting others’ election ballots.

Individuals who could collect others’ election ballots would be:

• Election officials;
• Postal service workers, or others authorized to transmit mail;
• Caregivers of the individual;
• Family members of the individual;
• Household members of the individual; and
• Individuals known by the voter.

Other than election officials and postal service workers, individuals exempt from this ban wouldn’t be able to collect more than six ballots, and would have to provide their own name, the voter’s name, and their relationship to the voter.

Violating this measure would be punishable by a $500 fine for each ballot collected.

In Favor

Ensuring the integrity of elections is vital to citizens’ confidence in their government, and that’s undemined by ballot harvesting. Allowing individuals who aren’t directly associated with a voter to collect their ballot could lead to politically-motivated tampering, ballot theft, or intimidation.

Opposed

Many Montanans need, or want, help getting their ballots in. Students may not know how to mail ballots, elderly or housebound individuals may not be able to mail their own ballots, and those in rural areas may experience lengthy delays with mail delivery.

In-Depth

State Sen. Albert Olszewski (R-6), this measure’s legislative sponsor, says that this measure aims to make election tampering illegal, and to ensure that votes are secure:

“Montana voters should feel empowered to submit their ballots in a way that best works for them and should never feel pressured to provide their ballots to someone they don't know or trust or worry about their vote being stolen.”

Matthew Harper, a California Republican assemblyman who authorized a proposed ban on ballot harvesting in his state, argued that ballot harvesting opens that door for certain groups, such as labor unions, to collect unsealed ballots of intimidate voters into voting a certain way:

“The way I see it, it turns all elections into a union card-check election. They might go house to house, person to person, and there’s no secret ballot. They can see if you voted the right way.”

Our Revolution is opposed to this amendment. State Sen. Sue Malek (D-Missoula) argues that “Many Montanans with disabilities, senior citizens and people working multiple jobs sometimes depend on help to get their ballot cast.” Activists in Montana’s Native American community also argue that the exceptions for individuals who are qualified to collect others’ ballots are too limited. Jordan Thompson, an attorney for the Confederated Salish and Kootenai Tribes, explains:

“Our definition of family is a lot broader than the Western definition of families. Just in the way our communities are structured, how our families are so extended, it doesn’t make sense. This could stand in the way of the Native voice getting to the ballot box.”

The Missoulian editorial board, which opposes LR-129, contends that this measure will limit participation in elections, and make it more difficult for certain types of voters to exercise their right to vote:

“[I]t’s highly dubious this measure would do much to comfort the small number of Montana voters with theoretical concerns shared via unsubstantiated rumors. It does, on the other hand, promise to create a significant problem for a great number of already marginalized voters. Many first-time voters, for instance, may not be confident they understand the specifics of how or when to vote. Young voters in particular tend not to be familiar not only with the elections process, but also the postal system… Even experienced voters in Missoula County might not know that their ballot must be mailed back with 71 cents’ postage (or two Forever stamps). Others don’t know that a ballot mailed on Election Day will not be received in time to be counted; it has to be received by the elections office by Election Day… [T]here many good reasons why some Montanans may opt to trust their ballots to a third party. Although many voters will confidently fill out and return their ballots before Election Day, thousands of others prefer to wait and see if any late developments sway their choices. But some may have to work long hours on Election Day. Some may live far away from the nearest polls. Some rural residents experience lengthy delays with postal delivery. Some have problems with mobility or are hospitalized or cannot drive to deliver a ballot in person. LR-129 would only compound these challenges, putting up another unnecessary barrier and making it more difficult for more Montanans to exercise their right to vote. For that reason, it should be defeated.”

LR-129 made it to the ballot after the Montana legislature approved it in mostly party-line votes of 30-19 in the Senate and 50-49 in the House.

Summary by Lorelei Yang

(Photo Credit: iStockphoto.com / Svanblar)