An update from Rep. Pat Ingraham

On Monday April 15th, the State Administration Standing Committee which I chair heard two Senate bills, Senate Bill (SB) 408 and SB 405, both presented by Senator Alan Olson (Senate District 23) of Roundup. You might already be aware of these bills as they caused a great deal of raucous and media attention on the Senate floor on Friday, April 5th.

SB 405, which is similar to a previous bill we heard in the State Administration Committee, House Bill (HB) 30 by Representative Ted Washburn of Bozeman (House District 69). Both bills propose revising the close of voter registration to the Friday before Election Day. HB 30 is still working its way through the process and is, in fact, heading to the Governor’s desk while SB 405 would be put on the ballot in June of 2014 for the voters decision.

It was not so long ago that voter registration closed 30 days before election day, which allowed election officials throughout the state to get election information, such as newly registered voters and address changes, into the system so that on election day, every precinct’s election judges had accurate, up-to-date registers and list. Those accurate lists and registers allowed the local election judges to handle many unforeseen problems, such as handling those voters who thought they’d registered through the Department of Motor Vehicles, problems which could be easily handled through provisional balloting and contact with the department to confirm voter intent. Then in 2006, the system which had worked well was changed to “same day voter registration.” Many people weren’t concerned the move would impact the process in a negative way as only a few people would be registering on election day as it would be primarily for those who just moved into the area. However, as with all good intentions, some found ways to burden the process by bringing in bus-loads of unregistered voters in some areas. That placed stress upon the process and even created the perception of fraudulent practices, which in turn, undermined the integrity of elections, a process we all hold dear to the workings of our counties, states and nation as a whole.

If HB 30 or SB 405 should pass, moving the close of registration back to the Friday before elections, this would enable election officials to again provide current and up to date registers and lists, directing their concentration on late registrants on that Friday, whether a singular registrant or bus-loads of them. Then, on election day, election officials could concentrate on those issues the registered voters face as well as the problems which arise from those who thought they had registered before the deadline, which should help eliminate confusion, long lines and any potential perception of fraud.

SB 405 is similar to a previous bill we saw in State Administration, HB 436, by Representative Scott Reichner of Big Fork, with both revising election laws and providing that the two candidates who receive the most votes in a primary election for a partisan office would advance to the general election. There are two primary differences between the two measures. HB 436 had a provision that if a primary candidate received 50% plus 1 vote in the primary, it would have been considered an uncontested general election and that candidate declared the winner, a provision that many of the State Administration Committee did not support. In addition, it would have become law without going to the people for their input. HB 436 was tabled in committee on February 21st.

SB 408 would present to the voters another way to conduct elections in the State of Montana by amending Montana’s current primary system so that only the two top voter getters would appear on the general election ballot, regardless of party affiliation. This has a couple of important effects on voters and candidates for office.

• Currently, voters have the option of voting in either the Democratic or Republican primary, but not both and for those of us in Sanders County this has long been a contentious process as everyone would like to have one ballot so that they can select the candidate they like best, regardless of party preference. SB 408 would do just that – one ballot with all candidates represented, in other words an open primary that would more adequately reflect the independent spirits of Montana’s electors.

• This system as outlined in SB 408 is already in place in Montana for non-partisan judicial races and even for our county races in Sanders County. This is not reinventing the wheel, just expanding it.

SB 408 has a couple of basic concepts to consider. First, the core change is that primaries would no longer serve as a nominating process for political parties. Instead the purpose would be to select the top two candidates to go onto the general election, regardless of party affiliation. The second concept is that while party preference does not mean the party endorses the candidate, the declaration of preference functions the same as running as a Republican or Democrat for the purposes of filling vacancies.

If SB 408 makes it successfully through the remainder of this session, you will have the opportunity to make the final decision if these changes are what’s best for Montana, by voting for or against the measure in the November 2014 General Election.

I can be reached during the session by leaving a message for me at (406) 444-4800, by e-mailing me at pathd13@blackfoot.net, or by visiting the legislative branch website at www.leg.mt.gov and clicking the Contact a Legislator link. Instructions are provided for sending me electronic messages. You also may mail your comments to me at Representative Pat Ingraham, Capitol Building, P.O. Box 200400, Helena, MT 59620-0400.