County won't split elections from clerk and recorder

There will be no separation of the election department from the clerk and recorder in Lincoln County.

Commissioners Brent Teske and Jim Hammons voted to keep the elections department under the purview of the clerk and recorder’s office at Wednesday’s meeting.

Commissioner Josh Letcher was not present at the meeting.

Teske said when he spoke to Letcher about the matter, he was also not in favor of splitting the departments.

Election Administrator Melanie Howell was hopeful her department could work better with the Clerk and Recorder’s Office, led by Corinna Brown.

“I would hope so,” Howell told The Western News following the meeting. “I’ve been trying for a year and a half and haven’t had any luck yet.”

Howell presented the idea to the commissioners at the July 10 meeting. She cited election security concerns, communication issues when she and assistant Sierra Gustin had to move from the county Annex building on Mineral Avenue to the courthouse on California Avenue and the stress of handling multiple elections as well as clerk and recorder responsibilities.

Teske and District 2 Commissioner Jim Hammons agreed neither one of them had the time to become deeply involved in the election process.

County Attorney Jeffrey Zwang was asked to research the subject. While he said he didn’t find anything that would preclude separating the departments, he did share his thoughts about practical applications.

“Do you have to hire additional people in each department if they are separated?” Zwang asked. “Typically, when you have an election, it’s usually an all hands on deck situation and the Clerk and Recorder has people who are experienced.”

Howell was hired in May 2023 to run elections and her assistant, Sierra Gustin joined the department later.

Former Clerk and Recorder Robin Benson spoke at the meeting. She served in the role for nearly a decade.

“It’s a myth that during the offseason there’s nothing to do,” Benson said. “There is a lot of work and the clerk and recorder needs to communicate with the election head on several things that need done. 

“They need to be a cohesive team, work well together, brainstorm and use best practices. Corrina’s expertise should be welcomed.”

Before the vote, Howell suggested the commissioners speak to other commissioners in counties where the two departments are separate.

“It might benefit you,” she said.

Deb Burrell spoke, saying she thought Howell and Gustin should remain in the Annex Building.

“I saw ballot boxes being hauled to the annex and that’s not what I want to see.”

The Election Department has had more than its share of struggles since 2020. Howell is the the fourth person to hold the election administrator title since then. Paula Buff was on the job from 2021 to 2023. Before her, Chris Nelson served from August 2020 to November 2020. He resigned following the general election that year.

That year, a ballot box was left temporarily unaccounted for in the days after the November election.

Nelson replaced long-time election administrator Leigh Riggleman, who resigned in 2020 while county commissioners wrangled over holding an all mail-in election, meant to avoid the spread of the coronavirus, or a traditional poll election.

Buff filed suit against the county for wrongful discharge in March 2024. Buff alleges she was “constructively discharged, as defined by Montana Code Annotated 39-2-903 (1) by the county on March 24, 2023.” 

The code states that “constructive discharge” means the voluntary termination of employment by an employee because of a situation created by an act or omission of the employer which an objective, reasonable person would find so intolerable that voluntary termination is the only reasonable alternative.

She also alleges that acts and omissions by the county were “malicious.” Buff is seeking compensation for lost wages and other benefits as well as punitive damages.

Buff was one of three county employees who submitted letters of resignation on March 24, 2023. Benson and Buff’s assistant, Amanda Eckart, also submitted their letters that day. Benson and Eckart are not part of the suit. Eckart works in the Clerk of District Court office.

Buff now serves as an election advisor for Flathead County. She was hired March 19 on an interim basis. According to the job summary, the advisor assists the elected clerk and recorder in ensuring that functions of the office meet statutory responsibilities as outlined in state code. 

District 3 Commissioner Josh Letcher alleged Buff falsified election documents at a March 1, 2023 meeting, though Benson said she had no idea of what documents Letcher was referring to and was not provided a copy of any specific documents.

In the November 2023 general election, nearly 400 absentee voters were sent ballots instructing them to choose one candidate for Eureka City Council. But there are two open seats. Howell confirmed to the Tobacco Valley News the mistake happened within the elections department during the proofing process. She said her department received the correct information from Eureka and the printer was not responsible for the error.

The latest mistake occurred in the 2024 primary election. Howell failed to appoint its election judges in a timely manner, violating state law when she failed to appoint judges for the June 4 primary election. At minimum, the appointments should have been made May 6, at least 30 days prior to the primary.

“So, we have our judges for the 2024 primary, although I know it’s past date, we will be using those same judges for the November election,” Howell said at the June 12 commissioners meeting.

Howell said she owned the mistake, but said she didn’t realize the judge list needed submitted.

“But the clerk and recorder never pointed that out to me,” Howell said.

Teske acknowledged there was work to be done.

“I know we’ve got some issues to work through, but it can be done internally,” he said.

Teske said there would be no commissioners meeting on Aug. 14 because he and Letcher wouldn’t be available, creating a lack of a quorum.

The commissioners are slated to meet again on Aug. 21 in Eureka