In a recent development, a Montana judge ruled that the Secretary of State's Office made an error by changing the rules for counting signatures on petitions for constitutional initiatives. The change, which sought to exclude the signatures of inactive voters, was deemed incorrect by District Judge Mike Menahan. He stated that the signatures should count and gave county election offices an additional week to tally the rejected signatures.

The ruling is expected to have an impact on three constitutional initiatives, including one concerning the protection of abortion rights. Despite the initial attempt to omit the signatures of inactive voters, all three initiatives are projected to qualify for the November ballot.

The lawsuit was filed by two organizations against Republican Secretary of State Christi Jacobsen, after her office stated that signatures from "inactive" voters should not be considered when determining the number of signatures required to place initiatives on the ballot. The change in rules occurred after the signatures were already submitted to counties and some had been verified.

Attorney Thane Johnson, representing Jacobsen's office, argued that an urgent ruling was unnecessary since the initiatives had already secured more than enough signatures, even without the inclusion of inactive voters' signatures. Johnson also contended that rejecting a signature from a petition did not equate to disenfranchisement of voters.

Judge Menahan, however, emphasized that Montana's constitution guarantees citizens a robust provision to pass initiatives and constitutional amendments. He stated that upholding this right is his duty as a judge. Therefore, he granted a temporary restraining order and expressed his desire for the signatures of inactive voters to be included.

Menahan acknowledged the challenges that could arise from issuing an order that may complicate the signature count deadline for counties or the ballot certification deadline for the Secretary of State's Office. Therefore, he urged both parties' attorneys to reach an agreement on the details and confirmed his willingness to sign the order.

The lawsuit alleges that the state has accepted the petition signatures of inactive voters for nearly three decades. These voters are defined as those who fail to vote in a general election and haven't responded to address confirmation efforts. They can regain active voter status by confirming their address, voting at the polls, or requesting an absentee ballot.

After the deadline to turn in petitions had passed, Jacobsen's office instructed an election clerk not to accept the signatures of inactive voters. The response was subsequently circulated to other clerks. On July 2, the Secretary of State's Office modified the statewide voter database to prevent counties from verifying the signatures of inactive voters.

The lawsuit was filed by Montanans Securing Reproductive Rights and Montanans for Election Reform, while the Montana Republican Party opposed the initiatives seeking to protect abortion rights and hold open primaries. Republican Attorney General Austin Knudsen issued opinions stating that the proposed ballot language for the nonpartisan primary and abortion protection were insufficient. However, the Montana Supreme Court approved the petition language for the abortion initiative after supporters appealed the opinions.

"Every step of the way, both initiatives have had to go to the Supreme Court multiple times to get on the ballot," said Graybill, the Democratic candidate for lieutenant governor, who also represents Montanans Securing Reproductive Rights. The Democratic candidate expressed their struggle in obtaining the petition form, which led to a legal intervention.

As both parties' attorneys convene to reach an agreement, the situation remains dynamic with implications for the November ballot. The inclusion of inactive voters' signatures in the tally may significantly impact the outcome of the constitutional initiatives at stake.