Legislators talk mail ballots at videoconference

A bill to conduct the upcoming special congressional election entirely by mail ballot was discussed by area lawmakers at Tuesday’s weekly legislative video conference.

The legislation Senate Bill 305, proposed by state Sen. Steve Fitzpatrick, R-Great Falls, would allow the upcoming special election to replace Rep. Ryan Zinke, R-Mont., to be conducted by a mail-in ballot. Zinke, who was re-elected in November, has been tapped by President Donald Trump to be the next secretary of the interior. If confirmed by the U.S. Senate, Zinke would then resign his seat in the U.S. House of Representatives, triggering a special election that would take place between 85 and 100 days later.

State Sen. Russ Tempel, R-Chester, said county commissioners as well as clerks and recorders from throughout Montana were in Helena with more than two dozen people speaking in favor of the bill. He said some members of the American Indian Caucus oppose the bill.

“Basically the amendments cover all of their issues,” Temple said. “The Senate is probably going to be OK, but there is some question when it hits the House whether it’s going to carry through there.”

Tempel said the caucus vote on whether to take a position on the bill ended in a tie. As a result, no official position was taken by the caucus. Tempel said most of the worries Native caucus members have relate to temporary voting offices set up in Indian reservation communities in Montana before an election,

“I think what was originally the idea was just mail out ballots that will be sent out from the courthouses, but there is a lawsuit that enables those satellite offices to stay in place,” Tempel said.

State Rep. Jacob Bachmeier, D-Havre, said he believes most House Democrats will support the measure if an amendment is included for satellite voting offices.

“It’s an unexpected election, and I think it will create efficiencies and will save money, but I am going to fight hard that we have those satellite offices for our reservation communities,” Bachmeier said.

In an interview late Tuesday, state Rep. Jonathan Windy Boy, D-Box Elder, a member of the Native caucus, said he supports an all-mail-in ballot for the election if satellite voting offices are included in the bill.

Windy Boy said that, although in the past he has opposed the idea of an all-mail-in ballot, he was persuaded after county commissioners and clerk and recorders from Blaine and Hill counties came forth in support of the proposal.

“It’s kind of one of those issues where, ‘how do I know something is not going to work unless I try,' so I thought I would give it a shot,” Windy Boy said.

Montana Republican Party Chair and state Rep. Jeff Essmann said in a mass email that he opposes the bill because “it would have a long-term negative impact on the Montana  Republican Party and Republican candidates.”

“All mail ballots give Democrats an inherent advantage in close elections due to their ability to organize large numbers of unpaid college students and members of public employee unions to gather ballots going door to door,” he wrote in the email.

The Senate bill as drafted only addresses the special election and would not change how other elections are conducted in Montana. City and school board elections in Montana are already conducted by all-mail-in ballot.

Hill County Commissioner Mike Wendland said during the videoconference that it is not known when the special election will be held because Zinke’s nomination has yet to be voted on by the full U.S. Senate.

“I think that is another issue our clerks are very concerned about is when we are going to hold this election,” Wendland said.

Gas tax

In other issues discussed during the videoconference, Hill County Commissioner Diane McLean said she is worried about requirements counties would have to follow to be eligible from increased money that would come from a House bill that would raise the state gas tax.

House Bill 473, introduced by state Rep. Frank Garner, R-Kalispell, would raise the state gasoline tax from 27 to 35 cents a gallon and increase aviation fuel by 4 cents.

McLean said that she looked over the proposal that morning and language that would require cities and counties to provide 20 percent of that money in matching funds and only allow localities to use that money for contract bid projects had not changed .

“It appears that they have not amended in any way the language  to require counties to have a match and also require counties to spend that on contracted bid projects,” she said.

McLean said after the conference that under the existing language, counties and cities would not be able to use their own road crews or equipment or use the funds to maintain or buy new equipment. They could only be used for projects that were put up for bid.  

Bachmeier said during the videoconference that the bill had not come before committee, so lawmakers did not yet have an opportunity to put amendments on the bill yet.

“You can kind of expect to see some people pull some last-minute things on the floor and I would be shocked to see if there weren’t any floor amendments,” Bachmeier said.

He added that he believes the amount of money that is going to counties should be adjusted.

McLean said that it is not the amount of money that counties will get under the proposal that many county commissioners find so egregious, but the requirements on matching funds and that money only go toward contracted bid projects.

“Counties feel like they can manage and spend that money wisely without those stipulations on it,” McLean said.

Tempel, a former three-term Liberty County Commissioner said he agreed with McLean.

Selling raw milk

Bachmeier, a member of the House Agriculture Committee said that while he did want to vote in support bills related to raw milk, he felt he could no due to the lack of safeguards.

“There is nothing to ensure safety, no labeling requirements,” Bachmeier said.

He then laid out a hypothetical situation where his sister visits a friend’s house, drinks raw milk without knowing the risks and gets sick.

The Montana House of Representatives Tuesday voted 71-29 for House Bill 325,  introduced by State Rep. Nancy Ballance, R-Hamilton. The bill would not require producers and sellers of non-pasteurized milk to get a permit or register with any departments.

Bachmier and Windy Boy voted against the bill, while state Reps. Jim O’Hara, R-Fort Benton and Casey Knudsen, R-Malta voted for it.