Flathead Joint Board rejects election results

Unofficial election results for the Flathead Joint Board of Control have come through, though how those results will be put in place is being contested. 

According to a press release from the FJBC, “On May 2, 2016, by a 10-1 vote, The FJBC passed Resolution 2016-1 resolving that the FJBC and the separate Irrigation Districts would not honor the 2016 corrupted election results due to incurable legal violations and further resolved to maintain the status quo of the FJBC’s acting Board of Commissioners until such time as a legal election can be held.”

Lake County Attorney Steve Eschenbacher said that the election results are legitimate and that the election was done entirely legally. After reviewing election Montana election laws, the county elections board realized that previous elections were done incorrectly and that this year the Montana voting laws would be followed. According to Eschenbacher, the FJBC was informed of this and had ample time to inform its constituency of the change. 

But, according to the press release, “FJBC staff was not notified of this significant change of administration and process for the District Election until late February, 2016. Thereafter, the FJBC sent multiple requests for supporting documentation as well as requesting to meet with Lake County officials to discuss how to proceed with the election process. All requests went ignored.”

Eschenbacher said that the FJBC was not ignored, that “there was an e-mail train going back-and-forth” between FJBC Executive Manager Johanna Clark and Eschenbacher detailing what needed to be done for those who wanted to vote. Eschenbacher maintains that the election results are legal and “I don’t know what they can do to get around the results,” he said. “If the Board doesn’t recognize the winners, those people could sue. The Board has some problems with the action they’ve taken.”

According to Boone Cole, Chair of the FJBC, “Lake County violated election laws and its own past practice resulting in nearly 17 percent of acres in the Flathead District and nearly 20 percent of acres in the Mission District not receiving ballots this year.” 

One acre of irrigable land owned equals one eligible vote. 

“I didn’t expect push back from Lake County since this is the FJBC’s election and we have the legal right to cancel it,” Cole said. 

Cole also said that the FJBC is seeking an interim special election, but according to Eschenbacher and Montana Code Annotated 13-1-504, an election for special district offices, like the FJBC, must be held on the first Tuesday after the first Monday in May. 

The issue stems from 765 ballots not mailed because affidavits showing the designated elector for the out-of-state corporate entities and other parcels of irrigable land with more than one owner were not presented to the county in time for the ballots to be mailed to them. 

Though how the results will be put in place is unsure, Eschenbacher maintains that the elections were legal and that the results should be honored.

The FJBC was scheduled to hold its first meeting since the election on Tuesday.