IV.3 Elections
Text
Constitution of Montana -- Article IV -- SUFFRAGE AND ELECTIONS. Section 3. Elections. The legislature shall provide by law the requirements for residence, registration, absentee voting, and administration of elections. It may provide for a system of poll booth registration, and shall insure the purity of elections and guard against abuses of the electoral process. Mont. Const. art. IV, § 3 (1972) http://leg.mt.gov/bills/mca/CONSTITUTION/IV/3.htm
History
Sources
Drafting
Delegate Proposals
Delegate Proposal No. 82
Delegate Proposal No. 82, introduced on Feb. 2, 1972 by Bruce Brown
“A proposal for five new constitutional sections concerning the elective process.”
Section 3. There shall be a new constitutional section to provide as follows:
“Section ___. The legislature shall provide by law the requirements for residency, registration, absentee voting and administration of elections.” Signed by Bruce BrownMontana Constitutional Convention 1971-1972, Vol. I, Delegate Proposal, at 191 (1979).
Committee Proposals
General Government and Constitutional Amendment Committee Majority Proposal.
Section 3. The legislature shall provide by law the requirements for residency, registration, absentee voting and administration of elections.Montana Constitutional Convention 1971-1972, Vol. I, General Government and Constitutional Amendment Committee Proposal, at 336 (1979).
General Government and Constitutional Amendment Committee Proposal Majority (Comments).
“This section allows the legislature to determine the voting residency and registration requirements. In a large part this has been done by section 23-2701, Revised Codes of Montana, 1947, which established the residency period for most elections at 30 days. This statute, enacted in 1971, conflicts with the present Constitutional requirements of one year, though this section has a proposed amendment which could change the time limit to 30 days. Approximately 60% of the states include specific residency and registration requirements in their Constitutions, but most of the newer state Constitutions follow the example of the proposed article and leave those matters to the legislative assembly. This section will help avoid conflict with rapidly changing federal laws and court decisions.”
“This section also allows the legislature to determine the time that all elections are held. The committee closely examined several delegate proposals regarding constitutionally establishing the grouping and scheduling and providing administration for all elections. The committee is extremely reluctant to freeze “for all time” the schedule and administration process of all elections.”Montana Constitutional Convention 1971-1972, Vol. I, General Government and Constitutional Amendment Committee Proposal, at 338 (1979).
General Government and Constitutional Amendment Committee Minority Proposal.
Section 3. The legislature shall provide by law the requirements for residency, registration, absentee voting and administration of elections. Voter registration prior to election day shall not be a condition for voting. The legislature shall provide for a system of poll booth registration, insure the purity of elections and guard against abuses of the electoral process.Montana Constitutional Convention 1971-1972, Vol. I, General Government and Constitutional Amendment Committee Proposal, at 341 (1979).
General Government and Constitutional Amendment Committee Proposal Minority (Comments).
“The minority proposal differs from the majority proposal only in its wording of Section 3.”
“The main purpose of the minority proposal on Suffrage and Elections is centered on the word “registration” in section 3. The change in the wording is aimed primarily at eliminating antiquated requirements which unnecessarily burden the potential voter. The primary purpose for registration laws is to prevent fraud, yet North Dakota has had poll booth registration for twenty-one (21) years. Poll booth registration provides that the voter may register at the time and place of voting. As professor Lloyd Omdahl stated in his study of the effect of poll booth registration in North Dakota that since 1951 not one voting inspector in the state has ever requested legal action against a supposedly unqualified elector.”
“The thrust of the minority proposal is that the requirement to vote is a basic right which should not be abridged without very strong reasons. Therefore, the burden of proof for showing the necessity of registration rests with those who would maintain registration laws. They must show first that there is a great threat of voter fraud in the state of Montana and secondly, that the laws governing poll booth registration would not deter abuses of the franchise. It is not the minority proposal which must show a need for registration because of possible voter fraud, but rather the supporters of registration who must show that there will be voter fraud. The voters of Montana must be assumed innocent until proven guilty.”
“The question arises: Should the Constitution leave matter regarding registration to the Legislature? Since the right to vote is basic and it has been thwarted through outdated registration procedures, the Legislature has denied the right to vote and therefore, it must be set forth in the Constitution.”
“The minority proposal specifically directs the legislature to pass laws to keep the election process free of fraud. Poll booth registration has been proven effective in North Dakota, the likelihood of fraud is minimal and such system must be adopted in Montana.”Montana Constitutional Convention 1971-1972, Vol. I, General Government and Constitutional Amendment Committee Proposal, at 342-43 (1979).
The majority proposal passed out of the General Government and Constitutional Amendment Committee Feb. 9, 1972. Six delegates voted in favor and the two delegates who wrote the minority proposal, Pete Lorello and Robert Vermillion, voted against proposal.Montana Constitutional Convention 1971-1972, Vol. I, General Government and Constitutional Amendment Committee Proposal, at 348 (1979).
The General Government and Constitutional Amendment Committee submitted their proposed Suffrage and Elections Article to the Convention Feb. 12, 1972. In the letter sent Chairman Mark Etchart emphasized that the new Article replaced all sections of the, soon to be previous, Constitution that dealt with suffrage and elections. The committee highlighted their intent of making the electoral process as effective and meaningful as possible for the individual Montanan.Montana Constitutional Convention 1971-1972, Vol. I, General Government and Constitutional Amendment Committee Proposal, at 334 (1979).
Floor Debate and Voting
Once on the floor Chairman Graybill instructed Clerk Hanson to read section 3. Del. Vermillion rose and made a substitute motion that the minority proposal be adopted. After Del. Vermillion spoke about the minority proposal debate was called for by Del. Champoux who spoke of his personal experience registering people to vote and seeing citizens turned away when they thought they were registered and were mistaken. Del. Brown, the author of the majority proposal, stood and informed the legislate that one of the benefits of the majority’s proposal was flexibility. By leaving the administration of elections in the hands of the Legislature there was a greater ability to adapt to changes and no provision was locked in place. He also brought to the Convention’s attention that poll booth registration is not provided for in the North Dakota Constitution, but is provided by legislative act.Montana Constitutional Convention 1971-1972 Verbatim Transcript, Vol. III, at 400-01 (1981).
Del. Swanberg rose to ask Del. Brown the following question: “your section (the majority proposal) does not prohibit poll booth registration, does it?” Del. Brown responded. “Our section leaves it all to the Legislature. We’re not trying to constitutionalize it.” There were numerous questions posed by Del. Murray of Del. Vermillion about the cost of hiring additional personnel to facilitate poll booth registration. Del. Mansfield rose to speak about the hardship six young men working on her ranch faced when they had to drive twenty-nine miles to register at the county courthouse. She spoke about the time that had to be taken out of the day to make the voyage because the courthouse closed at 5 o’clock.Montana Constitutional Convention 1971-1972 Verbatim Transcript, Vol. III, at 402-04 (1981).
Delegate Dahood stood and said “I’m personally not concerned about North Dakota or any other state, nor am I concerned about whether or not that particular idea has been presented to some other constitutional convention and either passed or rejected. If we can be pathfinders towards a new frontier for greater citizen participation; if that creative idea comes from us; if it appeals to intelligence, to political logic, to the social contract between citizen and state, we should not hesitate to adopt it.”Montana Constitutional Convention 1971-1972 Verbatim Transcript, Vol. III, at 406-07 (1981).
Delegate Romney asked Del. Vermillion if the present voter registration system would be preserved but the timing amended to make it more elastic to provide for poll booth registration in addition. The response from Del. Vermillion “I’m all for that. I’m in favor of that.” A roll call vote was taken. The substitute motion made by Del. Vermillion in favor of the minority proposal passed 52-46 with two delegates not voting in Feb. 17, 1972.Montana Constitutional Convention 1971-1972 Verbatim Transcript, Vol. III, at 412-13 (1981).
Later in the day the language of section 3 was changed slightly. The second sentence was amended to the current form of section 3 with “it shall provide for a system” to “it may provide for a system”. This amendment was offered by Del. Aronow. He also inserted “and shall insure the purity” to section 3. Both the amendment and the new language passed a final voice vote.Montana Constitutional Convention 1971-1972 Verbatim Transcript, Vol. III, at 449-52 (1981).