Cascade County sees more twists in elections dispute

Cascade County’s debate over who oversees local elections took several twists in recent weeks as supporters and opponents of a contentious December resolution continue to press their respective cases.

The Cascade County Commission on Dec. 12 approved a resolution on a 2-1 vote that relieved Clerk and Recorder Sandra Merchant of her election administration duties. The resolution directed the commission to hire a non-elected election administrator, and commissioners later appointed a Cascade County Elections Office employee, Beatrice Deveraux Biddick, to fill the role on an interim basis. Commissioner Joe Briggs told Montana Free Press this week that candidate interviews will begin next week.

The removal of Merchant’s election responsibilities came amid allegations that she mishandled several elections in 2023 and outraged dozens of county residents who spoke at the December meeting ahead of the commission’s vote. Over the past two weeks, that outrage has fueled a push to put the question of repealing the resolution — and returning Merchant to her duties — on a countywide ballot. Jeni Dodd, one of the leaders of the petition effort, told MTFP that there are concerns underpinning the ongoing opposition to the resolution. Among them are the added financial cost of hiring a new election administrator and a shared belief that voters elected Merchant partly on the basis that she would oversee local elections.

“It’s a question of two elected officials, in this case the commissioners, more or less negating the vote of the people in November [2022] and taking those duties out of that office,” Dodd said.

Cascade County Attorney Josh Racki confirmed that his office reviewed the petition and that if supporters can successfully gather enough signatures the resolution will appear on the county’s June 4 primary ballot. Racki also confirmed that if signatures from 15% of the qualified voters in Cascade County are gathered and certified before Feb. 10, the resolution will be automatically suspended and Merchant’s duties reinstated until the vote is held. If not, petitioners have until March to qualify the issue for the ballot, but the resolution will remain in effect pending the vote.

Meanwhile, voters who spoke in support of the December resolution have put increased pressure on Commissioner Rae Grulkowski — who voted against the resolution — to recuse herself from any hiring discussions of an election administrator. On behalf of the citizen-led Election Protection Committee, Helena attorney Mike Meloy presented a letter to the commission on Jan. 29 arguing that the resolution requires any commissioner who is on the ballot in a given year to abstain from decisions related to the operation and management of upcoming elections. Meloy also claimed Grulkowski, who is on the ballot in 2024, violated the resolution by participating in discussions about the May school board election and has attempted to delay the hiring of an election administrator.

“We have serious concerns that her participation in any election management discussions, including the hiring process, during this calendar year is designed to impede elections and interfere with meeting the tight elections timelines,” Meloy wrote.

Speaking with MTFP Thursday, Election Protection Committee member Pete Fontana expanded on the concerns that prompted the group’s letter. He said supporters of Merchant’s 2022 election bid, including Grulkowski, were full-throated in their demands that the incumbent clerk at the time — 16-year-veteran Rina Fontana Moore, who was running for reelection— recuse herself from overseeing the election. Fontana, Moore’s brother, maintains that the same should now apply to Grulkowski when election-related matters appear before the commission.

“We agree that an elected official that’s on the ballot should have nothing to do with the election process, the management, the hiring of the new individual, anything, and that’s what the resolution states,” Fontana said. “And it’s not like it’s a historical resolution that you have to find what the legislative intent was 50 years ago. It was in December. The intent was that you don’t work on it.”

Grulkowski reiterated her continued opposition to the resolution to MTFP this week and said she has “no problem” with the repeal petition, alleging that the removal of Merchant’s election duties was “not done properly.” As for arguments that she should recuse herself from the hiring process, Grulkowski countered that particular clause works to restrict commissioners from exercising their elected duties and illustrates her belief that the resolution is “flawed.”

“It’s unlawful,” she said of the resolution’s language. “That ‘whereas’ conflicts with [state] statute. You cannot take the statutory duties away from a commissioner with a whereas on a resolution.”

Racki said he has not been asked to provide a legal opinion on the matter.

Throughout Cascade County’s ongoing debate, Briggs has been particularly adamant about resolving the situation ahead of the 2024 election cycle, which is now well underway and features an array of high-profile federal and statewide contests. He’s repeatedly stated that any errors or mishandling of the primary or general elections would negatively impact voters and could fuel costly litigation against the county — a concern Fontana echoed on the part of the Election Protection Committee. 

Briggs told MTFP that his goal is to have in place by early March a new election administrator, a full-time position that, according to the county’s job posting, comes with an annual salary of between $65,000 and $72,000. He added that he’s aware of the petition effort but stands by his opinion that establishing a non-elected, non-partisan overseer was “the correct decision.” Briggs also acknowledged that the issue is still an active point of interest for local voters.

“We still have people at every public comment section of our meetings — our regular meetings and special meetings and at our work sessions — take to the podium to tell us we need to repeal that ordinance,” Briggs said. “On the streets and out in public, on the other hand, I get mostly people thanking me for taking the action and telling me that they support the action. So it clearly is still an issue of concern among some folks.”