Judge validates irrigation board election

POLSON – A Lake County judge has answered the irrigation election question, issuing a ruling last week validating the May 3 selection of new members to the Flathead Joint Board of Control.

In a judgment that delved into fuzzy legal territory, District Court Judge James A. Manley stated that the election process was valid, and the winning candidates from the Flathead Irrigation District must be seated at the earliest practical date. In the meantime, he said any actions and decision by the joint board, composed of representatives from the Mission, Jocko and Flathead irrigation districts, will be invalid.

The case arose after the joint board attempted to cancel an election for members of the Mission and Flathead districts due to complications in the distribution of ballots. The Lake County Election Office continued to tally votes however, citing uncertainties over who had the authority to order the cancellation.

Ultimately, three incumbent representatives lost their respective races, but the board refused to seat the winning candidates because of the underlying confusion. The ensuing legal battle has revolved around the complex voting system involved in irrigation district elections, which allocates ballots based on the number of irrigable acres a person owns.

The board’s Executive Manager Johanna Clark said she’s satisfied with the judgment, noting that the issue concerned the process not the people.

“We got a resolution to a very complicated situation,” she said. “It’s never been about who is sitting at the table.”

While legal arguments focused on the nuts and bolts of the election process, public sentiment surrounding the situation took a different tone.

During courtroom testimony, Susan Lake, a plaintiff in the case, likened the board’s refusal to seat the newly elected members to a political coup.

One criticism of the board has been its use of administrative fees to pay for legal expenses, particularly those incurred during the opposition of the water compact between the Confederated Salish and Kootenai Tribes.

Janette Rosman, who defeated Wayne Blevins in the race for the Flathead Irrigation District, said she and her fellow newly elected members advocate for responsible spending.

“Hopefully with some new faces on the board we can pull it together in the best interests of the irrigators and the community,” she said.

Rosman along with David Lake won their races for the Flathead Irrigation District, while Ray Swenson was victorious in his bid for the Mission District.

In his decision, Manley wrote that “this election became confusing because” state law requires a signed affidavit designating a single voter for land under multiple ownership. The law does not clarify who is responsible for collecting the paper work, however.

As a result, a total of 577 ballots were not sent out or cast, causing the board to question the fairness of the election.

Manley acknowledged the mathematical possibility that the results could have changed if the ballots had been counted, however he said in his judgment that canceling the entire election would disenfranchise voters who did participate.

He went on to declare that the parties involved carried out their due diligence in conducting the election.

While the case specifically applied to the winning candidates from the Flathead district, Manley wrote “there is no known reason why the determination of this proceeding would not also apply to the Mission Irrigation District results.”

Clark said the winning candidates will be seated after the joint board reconvenes in January. She said the ruling will help guide the board during future elections, providing clarity to at least one of the board’s responsibilities.

“We keep finding ourselves in these positions where there is no statutory law,” she said. “So you try and use common sense.”