Can it be trusted?

The latest problems with a Lincoln County election are raising serious questions about the integrity of the process and whether it can be trusted.

In Lincoln County, absentee voter packages were mailed May 8 to registered voters who requested them. It didn’t take long before multiple mistakes were discovered.

Those who received a ballot package from the department, led by Election Administrator Melanie Howell and assistant Sierra Gustin, also received a note that instructed them to sign their ballot. Not only is the direction incorrect, but it raises the issues of revealing a voter’s identity and whether the ballot would be accepted.

Other mistakes have surfaced, including leaving ballots out of the mailed voter packets. Registered voters are supposed to receive ballots for the Republican, Democrat and Libertarian parties.

But some voters reported receiving ballot packages without all the ballots. In primary elections, registered voters may only vote within their party.

For example, if a registered Republican voter receives a voter packet with three ballots, they are to vote only for Republican candidates. The other ballots are supposed to be thrown away.

Long-time Libby resident and attorney Ann German spoke passionately about her concerns during the public comment portion of the May 20 county commissioners meeting. German, who has served as an election judge in the past, is currently certified to do so, but has chosen to opt out of acting as a judge for the primary. She explained that she does not want to create a conflict of interest if any legal action is undertaken as a result of the erroneous ballot information.

She asked commissioners Brent Teske, Jim Hammons and Noel Duram what they intended to do about the situation.

“What are you going to do about the illegal notice sent out by your Election Department and what are you going to do to assure voters this election is secure?” German asked. “This is a huge problem and I’ve had a lot of people contact me about it because they aren’t sure what to do.

“What you should’ve done first thing Monday morning is to notify the public about what they’re supposed to do,” German said. “For absentee ballot voters who did it wrong, it’ll be too late to fix it when the envelopes are opened.”

Teske, in a May 21 interview with The Western News, expressed frustration at the situation, particularly with the primary election eight business days away.

“When something comes from the Secretary of State’s office, you assume it’s accurate,” Teske said. “The leading election official in the state (Christi Jacobsen) should not be putting out ambiguous language.”

Lincoln County election officials posted a note on its web page to Lincoln County voters. It read: “It has come to the attention of the election office that the insert put into absentee ballots erroneously instructed voters to sign their ballots. We want to be clear: voters should NOT sign their ballots, as signing the ballot would invalidate it. The insert should have instructed voters to sign the outer envelope where indicated and place your birth year in the space provided. Please feel free to reach out to us directly or come to the elections office if you have any concerns. If you have already submitted a signed ballot, please contact us and we will issue you a new ballot.”

The note provided the Election Department address and the phone number (283-2302).

Election officials also posted multiple times about how to properly vote, including six times since May 11, about how to vote.

In a May 18 interview with The Western News, Howell said her department planned to begin counting absentee ballots Thursday, May 28.

Howell appeared via Zoom at the May 20 commissioners meeting and spoke about the mistake.

“In the announcement from the state, we didn’t have the intention to confuse voters and it won’t void out any ballots,” Howell said. “The resolution board will be able to handle any issues with ballots that were signed.”

According to the Montana 2026 Election Guide for ballot counting and tabulation, the Resolution Board is charged with duplicating ballots or, in limited cases, fixing ballots that cannot be read by the tabulator. If a county using tabulators does not have a designated Resolution Board, the county must have judges trained to perform the required duties, including at least three judges assigned to resolve ballots that cannot be counted by the tabulator. 

The board will consist of three election judges. If possible, at least two judges shall be members of different qualified political parties.

Howell confirmed in an email to The Western News that the county election department meets the state requirement for resolving ballot problems.

“Yes, we have a resolution board for any ballots that need to be resolved,” Howell said. “This board does consist of three certified election judges that are trained in this area. I cannot disclose who or what party the election judges are affiliated with, as that would break their confidentiality when signing up as an election judge, but we do mix political association as required by MCA.”

German accused the commissioners of creating a problem when they allowed the Election Department to become independent of the Clerk and Recorder’s Office.

“When you allowed Melanie out of the Clerk and Recorder’s purview, you invited this mess into your house,” German said.

There were a number of attempts to have the two departments separated, but it didn’t happen by an act of the county commission.

In July 2024, Howell sought a split from the Clerk and Recorder’s Office. She cited various reasons at a July 10, 2024, commissioners meeting, including election security and to avoid confusion for voters.

Clerk and Recorder Corrina Brown didn’t see the need for a split.

“This arrangement offers numerous benefits, especially in ensuring adequate staffing coverage in both areas, which becomes particularly challenging during the holiday season,” Brown said at the time. “Bringing everyone together helps our communication and coordination. We all participate in elections and our shared workload benefits everyone. The Election Center is essential to our operations as it accommodates large groups as necessary and securely houses equipment and supplies.”

But at an Aug. 7 commissioner meeting, the vote was unanimous to keep the departments together. 

Deputy county attorney Jeff Zwang said prior to the vote there were a number of practical considerations. He said if the commissioners were going to supervise the Election Department, they would need to be trained and certified in elections. Zwang did express concern about a politically driven elected official overseeing elections.

During that meeting in August, both Brent Teske and Jim Hammons said they weren’t willing to oversee the elections department. Teske said fellow commissioner Josh Letcher, who wasn’t at the Aug. 7 meeting, was also opposed to the separation.

Following the vote, Howell said she was hopeful relations could improve between her office and the clerk and recorder.

But a little more than four months later, House District 2 Rep. Tom Millett (R-Marion) introduced House Bill 293. The bill, which was signed by Gov. Greg Gianforte May 5, 2025, opened the door for the two departments to separate.

Millett, in a May 21 email to The Western News, explained the process.

“The way HB 293 came about was after the June 2024 primary, I met with then Rep. Steve Gunderson to discuss many issues regarding HD2; sort of a "pass the torch" meeting for the "new guy,” Millett said. “One of the items that Steve passed down to me was a concern the Election Administrator (Melanie Howell) had. I subsequently contacted Melanie and she told me of her concern. Her concern was that MCA 13-1-301 wasn't clear on who the Election Administrator (EA) was to report to when the County Commissioners separate the EA duties from the Clerk & Recorder's duties. Did the newly appointed EA report to the C&R or to the CCs? I did some research, determined that the MCA wasn't clear, that there was a legitimate concern, and introduced what became HB 293 into the 2025 legislative session.”

The bill required an appointed election administrator to report to the county governing body, which is the board of commissioners. It saw little opposition in the House of Representatives, sailing through on a 90-4 vote before gaining the Senate’s approval by a 44-4 vote.

Millett said he’s pleased with how things have worked since the bill’s passage.

“I have no regrets getting HB 293 passed into law which added the clarifying language,” Millett said. “I also believe HB 293 is working as it should as evidenced by the EA reporting to the CCs as the law directs.”

According to meeting minutes, following the May 5 vote by Gov. Gianforte, Tony Wickham, president of the Lincoln County Republican Club, spoke at the May 7 commission meeting about the structure of the Election Administrator position, expressing support for oversight of the county commissioners rather than the Clerk and Recorder. He referenced House Bill 293, noting that this structure complies with Montana law and reflects the majority opinion he has encountered. 

Howell’s recollection was that her department was approached by another representative. 

“It is not uncommon for questions regarding elections, when it comes to making bills and improving election laws, about the population size of Clerk and Recorders to Election Administrators. Even though there are currently more Clerk and Recorders, Election Administrators have a larger voter population,” Howell said. “That information was then presented to Representative Tom Millett and then he spoke to us and others on several items and eventually the bill was created.” 

Wickham emphasized at the May 7 meeting that having the election administrator report to the longest-serving commissioner, Teske in this case, would provide effective oversight until they are up for election.

Jim Hammons is actually the commissioner Howell answers to now that Teske is running for re-election to the District 1 commissioner seat.

Wickham also recommended utilizing benchmarking performance strategies, pointing out that other counties have implemented similar structures and encouraged the commission to consult with those counties to benefit from their experience. He also suggested the County Government Review Study Commission may gather public input and make recommendations to the electorate regarding the Election Administrator position and thanked the commission.

Wickham was back in front of the commissioners at the Sept. 10, 2025, meeting and spoke during the public comment portion.

According to meeting minutes, Wickham read a letter into the record supporting formal recognition of the Election Administrator position. He stated that such a resolution would promote stability, accountability and public trust. 

Teske clarified that the Board adopts such resolutions referencing title rather than individual name and cited the importance of having clear, documented processes.

Wickham was back at the Oct. 8 commission meeting, questioning the status of a resolution regarding the Election Administrator position. Teske said Howell was addressing it.

Wickham returned to the Nov. 19 meeting to read a letter from Steve Gunderson requesting a resolution to formalize the election administrator position and its oversight in accordance with HB 293. Teske said he would meet with county attorney Marcia Boris to determine how best to memorialize the position transition and reporting structure as county policy.

At a Feb. 18, 2026, commission meeting, meeting minutes said Wickham supported a request by Howell for an additional staff member to support elections due to increased state mandates and requirements for election integrity and efficiency. 

Linda Ralph, Howell’s mother, supported Wickham’s comments, stating that the Elections Office is grossly understaffed, which has created ongoing challenges and prevented staff from attending training in Helena which is required by law.

Howell rankled some voters earlier this year when she proposed at a Feb. 11 commission meeting closing drop boxes in Troy and at the county sheriff’s office in Libby. 

Troy mayor T.J. Boswell was opposed to removing the drop box in Troy. He cited calls from constituents, convenience for residents and 24/7 access. He also said the location is secure and there hadn’t been any prior issues, according to sheriff Darren Short.

Howell said her interpretation that drop boxes had to be staffed by two election judges from the time ballots were mailed on May 8 through Election Day, June 2, would cost the county $18,683.70 in staffing. According to meeting minutes, election judge Linda Ralph, Howell’s mother, said eliminating underused boxes, particularly in Troy, would streamline operations, reduce costs and have minimal impact on voters. Wickham also voiced his support at the meeting for removing certain ballot drop boxes, which could streamline costs while maintaining ballot security and voting options. He noted that voters have alternatives, including mail-in ballots and early in-person voting, and supported removal citing concerns about potential ballot tampering or fraud.

But that matter was already settled last year. At the Feb. 18 meeting, the matter was discussed again and Teske explained that the issue was brought to the county attorney, Marcia Boris, in June 2025. She then told Howell, after looking at the statutes, the drop boxes only needed to be manned on Election Day. That would include a healthy reduction in expenses.

During the Feb. 18 meeting, District 3 Commissioner Noel Duram confirmed he moved to close the Troy and Eureka ballot drop boxes on Election Day while keeping them open at other times and to close the Libby Sheriff lobby drop box, redirecting ballots to the Elections Office. Hammons seconded the motion, but no vote was taken. Teske said a resolution would be drafted recognizing the location and time changes.

Finally, at the March 18 commission meeting, they passed a resolution that provided for the absentee ballots, which may be deposited at the Lincoln County Election Office or at designated 24/7 drop boxes until election day and for mail ballots, which may be returned by mail or delivered to the Election Office.

Another issue that has cropped up is fewer election judges.

At the April 22 county commission meeting, minutes indicate Howell presented a list of 83 certified election judges.