In September 2024, Montanans were shocked to learn that Vice President Kamala Harris was omitted as an option for President of the United States on the state’s electronic absentee ballots. This critical omission, which the Bozeman Daily Chronicle reported on in detail, not only disrupted the voting process but also raised serious questions about the reliability and transparency of Montana’s online election infrastructure. The glitch led to a temporary halt in Montana’s online absentee voting system, highlighting the urgent need for greater accountability from our elected officials and the offices charged with safeguarding our democratic processes.
Understanding the “Ballot Glitch” Omission
In the run-up to the 2024 general election, Montanans who relied on the electronic absentee ballot system discovered that the option for Vice President Harris’s name was missing. While many initially assumed this to be a minor error, the omission was significant enough to suspend the online absentee voting platform temporarily. Absentee voters rely heavily on the accuracy and integrity of these ballots, and any deviation from the proper candidate listings can undermine confidence in the electoral process as a whole.
The Importance of Montana’s Constitutional Right to Know
Montana’s Constitution provides every citizen with a fundamental “right to know.” In essence, this means that the public has a constitutional right to access certain governmental records and information. This right is enshrined in Article II, Section 9 of the Montana Constitution, ensuring that our elected officials remain transparent and answerable to the people they serve.
When a high-profile error occurs—like omitting a Vice Presidential candidate from an official ballot—it is precisely this right that allows concerned citizens and professionals alike to seek answers. Access to documents, procedures, and official communications ensures that we, as Montanans, can hold our public offices accountable. We deserve to understand how and why such critical mistakes occur and what steps are being taken to prevent them from happening again.
My Letter to the Secretary of State
On September 26, 2024, I exercised Montana’s constitutional right to know by submitting a formal request for information to Montana Secretary of State Christi Jacobson. In my letter, I requested the following:
- All Written Policies and Procedures: This includes any standard operating procedures, workflows, guidance manuals, or internal checklists used to create and manage Montana’s 2024 general election electronic absentee ballots.
- All Correspondence Related to the Creation and Management of Ballots: This comprises letters, voicemails, recorded calls, emails, messaging platform communications, and other records—both internal and with outside vendors—pertaining to the ballot creation process.
- All Draft Versions of the 2024 General Election Electronic Absentee Ballots: Access to these drafts will help track how the omission of Vice President Harris occurred and at what stage the oversight was introduced.
- The Final Version of the Ballot With Metadata: Obtaining the final ballot file with complete metadata provides transparency into editing histories, timestamps, and user actions that might have led to the error.
Under Montana law, the Secretary of State’s office is required to respond to these requests within a certain timeframe. As of this writing, the response from the Secretary of State’s office is due by December 26, 2024. The outcome of that response will help determine what went wrong and offer insights into how to better protect our electoral system from similar mishaps in the future.
Why This Matters to Every Montanan
For democracy to function effectively, it’s crucial that citizens trust the integrity of the ballot they cast. When errors—especially those involving the names of high-level candidates—go unaddressed or unexplained, public faith in the voting process erodes. Indeed, as of this writing, the Secretary of State’s office has offered no explanation to the public as to why or how this error occurred.
The right to know is not an abstract concept; it’s a powerful, constitutionally guaranteed tool. By invoking it, we reinforce the idea that transparency is not optional for those in power. It is a requirement. We must hold our elected officials and their offices accountable to ensure that election protocols are followed diligently and that mistakes of this nature are corrected and prevented.
Looking Ahead: Ensuring Transparency in Future Elections
As we await the Secretary of State’s response, it’s essential to remember that the Montana Constitution’s right to know is a cornerstone of good governance. This principle ensures that public servants cannot operate behind a veil of secrecy, especially when it comes to something as fundamental as voting.
Regardless of the party, candidate, or policy at stake, the transparency and accuracy of our election processes affect everyone. By demanding accountability now, we help foster an environment where future elections are conducted with the highest standards of integrity and competence.
Using Our Right to Know to Protect Democracy
The omission of Vice President Kamala Harris from Montana’s 2024 electronic absentee ballot is more than a one-time glitch. It serves as a wake-up call to the importance of vigilance, transparency, and accountability. As a Montana citizen and practicing attorney, I have requested information to help illuminate what went wrong. Come December 26, 2024, we will have more answers—answers that can guide improvements, restore trust, and ensure that every voter’s voice is accurately represented.
Montanans have the constitutional power to demand clarity and honesty. By exercising our right to know, we collectively uphold the integrity of our elections and reinforce the bedrock principles upon which our democracy rests.
*Disclaimer: the above is for informational purposes and does not constitute legal advice.