Conservation Voters calls on Secretary of State Action to dismiss 6,000 Voter Registration Challenges

MCV

Billings - Today, Montana Conservation Voters called on Secretary of State Brad Johnson to provide guidance to county election offices to immediately dismiss the recent challenge of the eligibility of over 6,000 registered Montana voters in seven counties, brought by Jacob Eaton and another person for the Montana Republican Party.

A letter to Johnson sent by MCV Executive Director Theresa Keaveny said that Eaton, Executive Director of the Montana Republican Party and his associate had failed to provide evidence required by state law to challenge one, much less 6,000, of the voters whose registration he has questioned. Eaton and the Republican Party challenged the voters because they changed their mailing address since registering to vote.

"This partisan operative has not met the burden of proof to challenge the eligibility of these 6,000 Montana voters," said MCV Co-Chairperson Jason Kiely, Missoula. "These voters could have changed their address temporarily-they could have shipped away for the military, left town for college, or taken a temporary, out-of-town job. We call on Secretary of State Johnson to provide needed direction to counties to dismiss these bogus challenges so they can focus on the tremendous task they face-ensuring that all voters get to vote," he said.

Montana law says that a person challenging whether another is a legally registered voter must show, by a ‘preponderance of the evidence,' that the challenged elector should not be permitted to vote.

"A voter's name showing up on a change of address list is not sufficient to prove permanent residency and put voters through this incredible hassle with a threat of losing their opportunity to vote," said Kiely.  "Since they have not met that burden of proof, the challenges should be dismissed rather than put 6,000 voters through this."

In its letter, Montana Conservation Voters also called on Johnson to provide immediate and accurate information to the 6,000 voters who are subject to this challenge, advising them to vote as they would have otherwise - by absentee ballot or at the polls.  "Their signature on the register or the absentee ballot affirmation envelope is sufficient to confirm their address," said Keaveny.

Keaveny questioned the Secretary of State's advice, reported in the press, which said that voters being challenged should "fill out the challenge affidavit, with a notarized signature, to foreclose any further challenges," (Billings Gazette, October 4, 2008). 

"This advice, in effect, shifts the burden of proof from Mr. Eaton and the Republican Party, to the 6,000 voters. Lack of leadership from you on this critical point appears to condone or encourage abuse of the challenge provisions of Montana election law. This is even more alarming in light of his publicly reported plan to challenge more voter registrations," Keaveny said.

"Montana has processes in place to both confirm voter registrations and to remove ineligible voters from the list of electors," said Keaveny. "It is absurd for any political party to ignore these procedures that ensure the integrity of our elections, instead making a blanket attempt to disqualify voters without practicing their own due diligence."