HELENA, Mont. -- A new law in Montana, which its backers said was designed to cut down on fraud, could instead make it more difficult for some Montanans to vote.
During the 2021 session, lawmakers passed a measure to prohibit the practice of collecting and delivering voters' sealed absentee ballots for monetary benefit.
Alex Rate, legal director for the ACLU of Montana, said the law's ambiguous language could have a number of effects; for instance, on someone living in a retirement home who has a staff member deliver their ballot to the mail.
"Vulnerable communities, such as seniors or people living in assisted living who need the assistance of others, are going to be particularly impacted by these types of voting restrictions," Rate contended.
A similar Montana law was struck down as unconstitutional in 2020. The new law is part of a wave of other Republican-sponsored bills in Montana and other states that purport to secure elections.
Ballot collection is important in Montana because so much of the state is rural. Rate pointed out having ballots collected is especially helpful for the state's indigenous communities, where post offices and election offices may be far away. He also noted Native Americans have faced racism in the towns bordering reservations.
"You can imagine that it's not on the top of somebody's list to go expose yourself to that type of racism, and discrimination and hostility, in order to cast your ballot," Rate asserted.
Rate emphasized the law could have a chilling effect on voting, because potential voters might assume the law applies to them, when in fact, the restrictions are much narrower than they understand.
"I think that there is a real danger that we're going to see ballots going uncounted as a result of this particular law," Rate remarked.
Rate stressed the ACLU of Montana aims to have an injunction in place by next year to prevent the ballot-collection ban from going into effect before the 2022 elections.
Support for this reporting was provided by The Carnegie Corporation of New York.
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Examples of proposed policies and candidates tied to false claims of election fraud have spread to Minnesota, and a new national report found the movement is not slowing down ahead of this fall's vote.
A trio of voter-rights groups issued findings into how state legislatures are trying to subvert elections, including more leeway to reject results, requiring partisan or outside audits, and shifting power away from election administrators. Some ideas have been floated by Minnesota Republicans but are not likely to pass under the current balance of power.
Rachel Homer, counsel for the nonprofit group Protect Democracy, said simply proposing them poses a threat.
"This is about everyone in support of democracy," Homer asserted. "Both political parties really need to be standing against this movement toward autocracy."
Despite calls for unity, Republicans are seeing more candidates for statewide offices who either perpetuate the stolen-election narrative, or suggest current laws need restrictions they said would tighten election security.
The Minnesota GOP recently endorsed such a candidate running for Secretary of State, the office overseeing elections. The report said 175 such laws were introduced in the U.S. this year.
Homer argued false election-fraud claims, taking shape following Donald Trump's loss in the 2020 presidential vote, have ballooned to a five-alarm fire. She noted even if most bills do not pass, voters are still being exposed to theories soundly rejected by the courts.
"These bills are being proposed by a lot of legislators across a lot of states," Homer observed. "They clearly think there's an audience for it. "
The groups behind the report emphasized it is important to remember most administrators, staffs and volunteers are committed to free and fair elections.
Sylvia Albert, national voting and elections director for Common Cause, said outside the findings, potentially having some candidates espousing such views take office is concerning. If election results were to be rejected without a valid reason, she said it might be harder to seek recourse.
"So, there definitely is an ability to challenge in court, [but] the courts are leaning more and more toward stepping away and letting the political process run itself," Albert stressed. "What that does, is not protect the people who don't have power, which are normal Americans."
Support for this reporting was provided by The Carnegie Corporation of New York.
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The pandemic appears to have increased the level of violence in U.S. cities, and a new study found local officials and mayors, especially those of color, face the brunt of it.
Heidi Gerbracht, co-founder of the Women Mayors Network and founder of Equity Agenda, said death threats, vandalized homes and outrage at public meetings have all been reported by local government officials.
"They're having to change their lives to continue serving because of these threats," Gerbracht pointed out. "There is absolutely concern about escalation. There's concern about their physical safety and their family's physical safety."
Gerbracht noted the increasing violence, as documented in research by Oklahoma State University, requires a response from local governments, which may include protective services from local police departments. Online safety and physical training for mayors is being offered this month by the Mayors Innovation Project.
In interviews with more than 3,000 mayors last fall, 70% said they knew someone who chose not to run for office because of the hostile nature of the work.
Rebekah Herrick, professor of social sciences and humanities at Oklahoma State University, who cowrote the report, said social media is driving the increased violence.
"94.5% of mayors reported what we call psychological violence," Herrick reported. "Things like social-media attacks, verbal attacks at a public meeting; 24.2% reported receiving at least one threat."
Gerbracht added the exposure of an elected leader's personal information also is becoming more common, a level of harassment causing local leaders to decide against seeking public office.
"We just have this expectation as the public that this isn't a problem for local elected officials," Gerbracht emphasized. "There is a real need for people to understand that this is not just politics. This is not just what you should expect to get into public service."
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Good-government groups are criticizing the Supreme Court's decision Monday eliminating rules on how much a candidate can spend to pay back loans he or she made to the campaign.
The justices sided with Sen. Ted Cruz, R-Texas, who sued over rules, which said a candidate can only raise $250,000 after an election to pay back a personal loan.
Aaron Scherb, senior director of legislative affairs for Common Cause, said this means big donors can funnel huge amounts of cash directly to newly elected officials.
"This decision is yet another example of the Supreme Court allowing more big money in politics and further opening the door to corruption and big moneyed interests calling the shots," Scherb contended.
The decision undermines part of the Bipartisan Campaign Reform Act of 2002.
In the supporting brief, Chief Justice John Roberts said the rule placed too great a burden on core political speech. In a dissent, Justice Elena Kagan argued the decision, quote, "greenlights all the sordid bargains Congress thought it right to stop ... and can only bring this country's political system into further disrepute."
Scherb emphasized he hopes it will drum up more support for the DISCLOSE Act, which would require campaigns and groups spending money to influence politics to report more about their funding, but he is not optimistic.
"We're not holding our breaths that 10 Senate Republicans would vote for something like this," Scherb acknowledged. "But if more big money is going to be spent in politics, it absolutely has to be disclosed. The public deserves to see who's trying to influence their voices and their votes."
Support for this reporting was provided by The Carnegie Corporation of New York.
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