Filed Date: April 6, 2020
Closed Date: April 6, 2020
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This is a case about the collection of electronic signatures for ballot initiatives during the COVID-19 pandemic.
On April 6, 2020, New Approach Montana, a registered ballot committee, filed this lawsuit in the Montana First Judicial District Court. The organization sued Montana and the Montana Secretary of State under Montana's Uniform Electronic Transactions Act and constitutional provisions. Represented by private counsel, plaintiff sought temporary and preliminary injunctions to allow the collection of electronic signatures and to suspend certain statutory requirements and deadlines. They claimed that the pandemic and associated executive orders made it impossible to gather signatures in person, thus violating their constitutional rights under Article III, § 4 of the Montana Constitution and the First and Fourteenth Amendments to the United States Constitution.
On April 30, 2020, District Judge John W. Larson issued an order denying the emergency motion for declaratory and injunctive relief. The court found that the plaintiffs failed to demonstrate a prima facie case of a violation of their constitutional rights. Judge Larson noted that plaintiff had not provided sufficient evidence that the use of electronic signatures through DocuSign could eliminate potential fraud with the same degree of confidence as the existing statutory requirements. The court also emphasized that the Uniform Electronic Transactions Act requires mutual consent for the use of electronic signatures, and there was no evidence that the defendant or county clerks had consented to this method.
Additionally, the court highlighted that the Governor of Montana had not specifically suspended ballot initiative petition gathering in his executive orders, and that the organization could seek relief directly from the Governor's office. The court also expressed concerns about the logistical challenges and potential disruptions to the election process if the requested relief were granted, particularly given the limited staffing and operational constraints of many county clerks' offices during the pandemic.
Ultimately, the court concluded that the state's compelling interest in maintaining the integrity and security of its election process outweighed any burden on the organization's constitutional rights. As a result, the court denied the motion for declaratory and injunctive relief.
The case is now closed.
Summary Authors
Claire Hill (2/5/2025)
Molloy, James P. (Montana)
Larson, John H. (California)
Last updated Aug. 30, 2023, 1:25 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Montana
Case Type(s):
Special Collection(s):
Healthy Elections COVID litigation tracker
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: April 6, 2020
Closing Date: April 6, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
New Approach Montana, a registered ballot committee, and two individual citizens and registered voters.
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Corey Stapleton, the Montana Secretary of State, in his official capacity (Lewis and Clark), State
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Case Details
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Outcome
Prevailing Party: Defendant
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Voting: