_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR THE MONTANA VOTING RIGHTS AND ELECTION INTEGRITY ACT; PROVIDING RIGHTS OF VOTERS AND ELECTION OFFICIALS; PROHIBITING INTIMIDATION OF VOTERS AND ELECTION OFFICIALS; PROHIBITING INTERFERENCE WITH VOTING; providing definitions; providing a statutory appropriation; and AMENDING SECTION 17-7-502, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Short title. [Sections 1 through 11] may be cited as the "Montana Voting Rights and Election Integrity Act".

NEW SECTION. Section 2. Intimidation of election official or election workers. (1) (a) Any person, individually or in concert with others, who intentionally or knowingly intimidates, threatens, or coerces or attempts to intimidate, threaten, or coerce an election official or election worker is guilty of obstruction of a public servant and is punishable as provided in 45-7-302.

(b) If an election administrator reasonably believes that any person, individually or in concert with others, has participated in an effort to make repeated public records requests in order to harass or intimidate that election administrator, notwithstanding the provisions of Title 2, chapter 6, the election administrator may respond to the first public records request by posting a copy of the requested information to a website and directing subsequent requesters to the location of the information.

(2) Evidence of coercion or intimidation for the purposes of 13-35-218 or this section may include but is not limited to:

(a) violent behavior inside or outside the polling site;

(b) confronting voters, election officials, or election workers while wearing military-style or official-looking uniforms with the intent to improperly exert control over voters or public officials;

(d) disrupting voting lines or blocking the entrance to a polling place;

(e) following voters, election officials, or election workers to, from, or within the polling place;

(f) verbal threats of violence;

(g) knowingly spreading false information about voter fraud, voting requirements, or related criminal penalties;

(h) aggressively approaching voters', election officials', or election workers' vehicles or writing down voters', election officials', or election workers' license plate numbers; and

(i) harassing voters, election officials, or election workers or aggressively questioning voters, election officials, or election workers about their qualifications.

(4) This section applies to any election and to any method used by a political party for the selection of its nominees and for the selection of delegates to its conventions and meetings.

NEW SECTION. Section 3. Civil action for intimidation, threats, or coercion. In addition to the criminal penalties provided in [section 2] and 13-35-218, these actions must also create a cause of action. A voter, election official, or election worker who is intimidated, threatened, or coerced by another person in violation of [section 2] or 13-35-218 is entitled to institute an action for preventative relief, including an application for a permanent or temporary injunction, restraining order, or other order, against the person. The action must be instituted in the district court of the locality where the violation occurred. In the action, the court may, in its discretion, allow a private plaintiff a reasonable attorney fee as part of the costs, if the plaintiff is the prevailing party.

NEW SECTION. Section 4. Investigation of election misconduct. (1) (a) Except as provided in subsection (1)(b), a person may report to the secretary of state an alleged violation of election law by an election official in the course of administering an election.

(b) If the secretary of state is alleged to have violated election law in the course of administering an election, a person may report the alleged violation to the attorney general.

(2) On receiving a report pursuant to subsection (1), the secretary of state shall determine whether the report warrants further investigation. If so, the secretary of state shall refer the report to the attorney general.

(3) The attorney general may investigate the report and proceed pursuant to [section 5] if the attorney general has cause to believe that a violation of an election law has occurred.

(4) Subsections (1) through (3) do not prevent:

(a) reporting an alleged violation of election law to local law enforcement; or

(b) local law enforcement investigating an alleged violation of election law.

NEW SECTION. Section 5. Civil actions by attorney general. (1) If the attorney general has reasonable cause to believe that a violation of an election law has occurred and that the rights of any voter, group of voters, election official, or election worker have been affected by the violation, the attorney general may commence a civil action in the appropriate district court for appropriate relief.

(2) In the civil action, the court may:

(a) award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of [sections 1 through 11], as is necessary to ensure the full enjoyment of the rights granted by [sections 1 through 11];

(b) assess a civil penalty against the respondent in an amount not to exceed $50,000 for a first violation and in an amount not to exceed $100,000 for any subsequent violation. The civil penalties are payable to the voter education and outreach account established pursuant to [section 11].

(3) The court or jury may award other relief to the aggrieved person as the court considers appropriate, including compensatory damages and punitive damages.

NEW SECTION. Section 6. Interference with voting -- penalties. A person acting under the color of law who, contrary to an official policy or procedure, fails to permit or refuses to permit a qualified voter to vote, or who willfully fails or refuses to tabulate, count, or report the vote of a qualified voter, is subject to a civil penalty in an amount not to exceed $1,000 for each affected voter. The civil penalties are payable to the voter education and outreach account established pursuant to [section 11].

NEW SECTION. Section 7. Definitions. For the purposes of [sections 1 through 11], the following definitions apply:

(1) "Certification of no objection" means a certification issued by the attorney general that there is no objection to the enactment or administration of a covered practice by a locality because the covered practice does not have the purpose or effect of denying or abridging the right to vote based on race or color or membership in a language minority group and may not result in the retrogression in the position of members of a racial or ethnic group with respect to the members' effective exercise of the electoral franchise.

(2) "Covered practice" means any change:

(a) to the method of election of members of a governing body or an elected school board;

(b) within a 12-month period to the boundaries of the locality that reduces by more than 5 percentage points the proportion of the locality's voting age population that is composed of members of a single racial or language minority group, as determined by the most recent American community survey data;

(d) that restricts the ability of any person to provide interpreter services to voters in any language other than English or that limits or impairs the creation or distribution of voting or election materials in any language other than English; or

(e) that reduces the number of or consolidates or relocates polling places or places of deposit in the locality, except where permitted by law in the event of an emergency.

(3) "Election official" means an election administrator, election deputy, or election judge.

(4) "Election worker" means an individual designated by an election official to perform election support duties.

(5) "Protected class" means a group of citizens protected from discrimination based on race or color or membership in a language minority group.

(6) "Registration notices" means any notice of voter registration approval, denial, or cancellation.

(7) "Voting age population" means the resident population of persons who are 18 years of age or older, as determined by the most recent American community survey data available at the time any change to a covered practice is published pursuant to [section 10].

(8) "Voting or election materials" means registration or voting notices, forms, instructions, assistance, voter information pamphlets, ballots, sample ballots, candidate qualification information, and notices regarding changes to local election districts, precincts, or polling places.

NEW SECTION. Section 8. Vote denial or dilution. (1) A voting qualification or a prerequisite to voting or a standard, practice, or procedure may not be imposed or applied by the state or any locality in a manner that results in a denial or abridgement of the right of any citizen of the United States to vote based on race or color or membership in a language minority group.

(2) A violation of subsection (1) is established if, on the basis of the totality of circumstances, it is shown that the political processes leading to nomination or election in the state or a locality are not equally open to participation by members of a protected class in that its members have less opportunity than other members of the electorate to participate in the political processes or to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the state or locality is one circumstance that may be considered.

(3) Nothing in this section may be construed to establish a right to have members of a protected class elected in numbers equal to their proportion in the population.

NEW SECTION. Section 9. Impairment of voting rights of registered voters. Nothing in [sections 1 through 11] may be construed to deny, impair, or otherwise adversely affect the right to vote of any registered voter.

NEW SECTION. Section 10. Covered practices -- actions required prior to enactment or administration. (1) Prior to enacting or seeking to administer any voting qualification or prerequisite to voting or any standard, practice, or procedure with respect to voting that is a covered practice, the governing body shall cause to be published on the official website for the locality the proposed covered practice and general notice of opportunity for public comment on the proposed covered practice. The governing body shall also publicize the notice through press releases and other media as will best serve the purpose and subject involved. The notice must be made at least 45 days in advance of the last date prescribed in the notice for public comment. Public comment must be accepted for a period of no fewer than 30 days. During this period, the governing body shall afford interested persons an opportunity to submit data, views, and arguments in writing by mail, fax, or e-mail, or through an online public comment forum on the official website for the locality if one has been established. The governing body shall conduct at least one public hearing during this period to receive public comment on the proposed covered practice. The governing body may make changes to the proposed covered practice in response to public comment received. If changes are made by the governing body, the revised covered practice must be published and public comment must be accepted in accordance with this subsection, except the public comment period must be no fewer than 15 days.

(2) (a) Following the public comment period or periods prescribed in subsection (1), the governing body shall publish the final covered practice, which must include a description of the practice in plain English and the text of an ordinance giving effect to the practice, maps of proposed boundary changes, or other relevant materials, and notice that the covered practice must take effect in 30 days. During this 30-day waiting period, any person who may be subject to or affected by the covered practice may challenge in the district court of the locality where the covered practice is to be implemented the covered practice as:

(i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group; or

(ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to the members' effective exercise of the electoral franchise.

(b) In the action, the court may, in its discretion, allow a private plaintiff a reasonable attorney fee as part of the costs if the plaintiff is the prevailing party.

(3) The governing body of a locality seeking to administer or implement a covered practice, in lieu of following the provisions of subsections (1) and (2), may submit the proposed covered practice to the attorney general for issuance of a certification of no objection. The practice may not be given effect until the attorney general has issued the certification. A certification of no objection must be considered to have been issued if the attorney general does not interpose an objection within 60 days of the governing body's submission or if, on good cause shown and to facilitate an expedited approval within 60 days of the governing body's submission, the attorney general has affirmatively indicated that no objection must be made. An affirmative indication by the attorney general that no objection must be made or the absence of an objection to the covered practice by the attorney general does not bar a subsequent action to enjoin enforcement of the qualification, prerequisite, standard, practice, or procedure.

NEW SECTION. Section 11. Voter education and outreach account. (1) There is an account in the state special revenue fund provided for in 17-2-102 known as the voter outreach and education account.

(2) Penalties and charges assessed under [sections 5 and 6] and other funds from any public or private source directed to the account must be deposited in the account.

(3) Money in the account is statutorily appropriated, as provided in 17-7-502, to the secretary of state to be used solely for the purposes of educating voters and persons qualified to be voters on the rights ensured to them pursuant to federal and state constitutional and statutory law and remedies.

(4) Excess funds must remain in the account. Money in the account is not subject to legislative transfers.

Section 12. Section 17-7-502, MCA, is amended to read:

"17-7-502. Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.

(2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:

(a) The law containing the statutory authority must be listed in subsection (3).

(b) The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.

(3) The following laws are the only laws containing statutory appropriations: 2-17-105; 5-11-120; 5-11-407; 5-13-403; 5-13-404; 7-4-2502; 7-4-2924; 7-32-236; 10-1-108; 10-1-1202; 10-1-1303; 10-2-603; 10-2-807; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-3-802; 10-3-1304; 10-4-304; 10-4-310; [section 11]; 15-1-121; 15-1-218; 15-31-165; 15-31-1004; 15-31-1005; 15-35-108; 15-36-332; 15-37-117; 15-39-110; 15-65-121; 15-70-101; 15-70-130; 15-70-433; 16-11-119; 16-11-509; 17-3-106; 17-3-212; 17-3-222; 17-3-241; 17-6-101; 17-7-215; 18-11-112; 19-3-319; 19-3-320; 19-6-404; 19-6-410; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305; 19-19-506; 19-20-604; 19-20-607; 19-21-203; 20-8-107; 20-9-534; 20-9-622; [20-15-328]; 20-26-617; 20-26-1503; 22-1-327; 22-3-116; 22-3-117; [22-3-1004]; 23-4-105; 23-5-306; 23-5-409; 23-5-612; 23-7-301; 23-7-402; 30-10-1004; 37-43-204; 37-50-209; 37-54-113; 39-71-503; 41-5-2011; 42-2-105; 44-4-1101; 44-12-213; 44-13-102; 46-32-108; 50-1-115; 53-1-109; 53-6-148; 53-9-113; 53-24-108; 53-24-206; 60-5-530; 60-11-115; 61-3-321; 61-3-415; 67-1-309; 69-3-870; 69-4-527; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 75-26-308; 76-13-150; 76-13-151; 76-13-417; 76-17-103; 77-1-108; 77-2-362; 80-2-222; 80-4-416; 80-11-518; 80-11-1006; 81-1-112; 81-1-113; 81-7-106; 81-7-123; 81-10-103; 82-11-161; 85-2-526; 85-20-1504; 85-20-1505; [85-25-102]; 87-1-603; 87-5-909; 90-1-115; 90-1-205; 90-1-504; 90-6-331; and 90-9-306.

(4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 10, Ch. 360, L. 1999, the inclusion of 19-20-604 terminates contingently when the amortization period for the teachers' retirement system's unfunded liability is 10 years or less; pursuant to sec. 73, Ch. 44, L. 2007, the inclusion of 19-6-410 terminates contingently upon the death of the last recipient eligible under 19-6-709(2) for the supplemental benefit provided by 19-6-709; pursuant to sec. 5, Ch. 383, L. 2015, the inclusion of 85-25-102 is effective on occurrence of contingency; pursuant to sec. 6, Ch. 423, L. 2015, the inclusion of 22-3-116 and 22-3-117 terminates June 30, 2025; pursuant to sec. 12, Ch. 55, L. 2017, the inclusion of 37-54-113 terminates June 30, 2023; pursuant to sec. 4, Ch. 122, L. 2017, the inclusion of 10-3-1304 terminates September 30, 2025; pursuant to sec. 1, Ch. 213, L. 2017, the inclusion of 90-6-331 terminates June 30, 2027; pursuant to secs. 5, 8, Ch. 284, L. 2017, the inclusion of 81-1-112, 81-1-113, and 81-7-106 terminates June 30, 2023; pursuant to sec. 1, Ch. 340, L. 2017, the inclusion of 22-1-327 terminates July 1, 2023; pursuant to sec. 10, Ch. 374, L. 2017, the inclusion of 76-17-103 terminates June 30, 2027; pursuant to sec. 5, Ch, 50, L. 2019, the inclusion of 37-50-209 terminates September 30, 2023; pursuant to sec. 1, Ch. 408, L. 2019, the inclusion of 17-7-215 terminates June 30, 2029; pursuant to secs. 11, 12, and 14, Ch. 343, L. 2019, the inclusion of 15-35-108 terminates June 30, 2027; pursuant to sec. 7, Ch. 465, L. 2019, the inclusion of 85-2-526 terminates July 1, 2023; pursuant to sec. 5, Ch. 477, L. 2019, the inclusion of 10-3-802 terminates June 30, 2023; pursuant to secs. 1, 2, 3, Ch. 139, L. 2021, the inclusion of 53-9-113 terminates June 30, 2027; pursuant to sec. 8, Ch. 200, L. 2021, the inclusion of 10-4-310 terminates July 1, 2031; pursuant to secs. 3, 4, Ch. 404, L. 2021, the inclusion of 30-10-1004 terminates June 30, 2027; pursuant to sec. 5, Ch. 548, L. 2021, the inclusion of 50-1-115 terminates June 30, 2025; pursuant to secs. 5 and 12, Ch. 563, L. 2021, the inclusion of 22-3-1004 is effective July 1, 2027; and pursuant to sec. 15, Ch. 574, L. 2021, the inclusion of 46-32-108 terminates June 30, 2023.)"

NEW SECTION. Section 13. Codification instruction. [Sections 1 through 11] are intended to be codified as an integral part of Title 13, chapter 35, and the provisions of Title 13, chapter 35, apply to [sections 1 through 11].