Questioning the idea of separating county elections from clerk and recorder

Dear Editor:

We are writing regarding the request by the current election administrator, Melanie Howell, for her office to be removed from oversight by the elected office of Clerk and Recorder.  

Howell claims that this is necessary to ensure compliance with the election laws in this age of fears about “election integrity.” 

In considering this request, the commissioners should explain to the public why Ms. Howell and the commissioners failed to comply with the Montana law governing the appointment of election judges.  

That law (Section 13-4-101 of the Montana Code Annotated, in effect since at least 1979), mandates:  “At least 30 days before the primary election in even-numbered years, the county governing body shall appoint three or more election judges for each precinct, one of whom must be designated chief judge.”  

The commissioners (i.e., “governing body”) did not comply with that statute this year, apparently because Ms. Howell did not submit the names of the proposed judges to the commissioner for approval 30 days before the primary election as the law requires. The primary election was on June 4, 2024.  

Eight days later, on June 12, 2024, the commissioners held their weekly meeting. The minutes of that meeting recite that “Melanie Howell, Election Administrator, presented a letter regarding the appointment of election judges, polling place locations and read the post-election audit committee members.”  

The “letter” included the following curious statement, “The Lincoln County Board of Commissioners does approve the attached list of certified Election Judges to serve on the June 4th , 2024, Primary Election.”  

This was followed by the signatures of the three commissioners, concluding “Done this 12 day of June, 2024.”  

In other words, their “approval” was long after the statutory required pre-primary 30 days and a week after the election. More egregious, perhaps, is that the “letter” did NOT have an “attached list of certified Election Judges.” 

Therefore, the “letter” and the commissioners’ approval not only violated the statute cited above but falsely referred to an “attached list of certified Election Judges.”  

The commissioners certainly ought to know what the law requires but if their excuse is that they relied on the integrity and expertise of Ms. Howell, their reliance was misplaced.  

Lincoln County voters are entitled to and deserve legality and transparency in our elections. These errors and falsities should be sufficient for the commissioners to deny Ms. Howell’s request for independence.

Robin Benson, former Lincoln County Clerk and Recorder

Ann German, Lincoln County voter