Montana
Disability advocates, state disagree over Montana State Hospital patient voting
HELENA — An advocacy organization and state officials are now involved in a legal battle over whether people committed to the Montana State Hospital should be allowed to vote.
Earlier this month, Disability Rights Montana joined in a lawsuit, arguing that many patients at the hospital met the legal requirements to vote but have been “systematically disenfranchised.” In their complaint, the organization alluded to long-running concerns about patient safety and staffing at MSH, and said patients deserve to have a voice in electing officials who oversee the facility.
“Voting allows any qualified elector to have a seat at the table and have a say in our state’s policies,” said Tal Goldin, Disability Rights Montana’s director of advocacy and attorney for the plaintiffs, in a news release. “Voting is one of the only powers patients at the State Hospital have to influence the most private decisions about their lives, including who they associate with, where they live, and what happens to their bodies. People with disabilities who meet all legal requirements to vote deserve the same opportunity to have their voices heard as any other Montana citizen.”
The Montana State Hospital, located in Warm Springs, near Anaconda, provides psychiatric treatment to people with serious mental illness. Some have been committed to the hospital through a civil procedure, while others have been sent there for treatment as part of a criminal sentencing.
The Montana Constitution says that people are not qualified to vote if they’re “serving a sentence for a felony in a penal institution” or “of unsound mind, as determined by a court.” The state has interpreted that to mean that people convicted of felonies can vote when on parole, probation or deferred sentence, but not when they’re in a correctional facility or the state hospital.
A patient at MSH, committed there after being sentenced for a felony, filed suit after he attempted to register to vote in Anaconda-Deer Lodge County and the county elections administrator rejected his application. In the suit, plaintiffs argued the state hospital is not a “penal institution,” and that people committed there should not be assumed to be “of unsound mind” unless a court specifically determines that.
The complaint said this patient’s right to vote and “the voting rights of all involuntarily committed individuals at the Hospital who otherwise meet the qualifications to vote—convicted felons or not—are in jeopardy unless the Court declares their rights as requested herein.”
A district court judge issued a temporary restraining order, allowing the plaintiff to register to vote.
However, Attorney General Austin Knudsen’s office announced Tuesday that he had issued a binding legal opinion, stating that people convicted of a felony and placed at MSH are not eligible to vote. Knudsen argued that those criminally committed to the hospital are only held as long as their maximum prison sentence, earn time served while in the facility and can be sent to another correctional facility with no change in their status.
“All of these indicia show that when a person is at MSH, they are as a practical matter, ‘serving a sentence for a felony in a penal institution’ even if they are primarily receiving medical treatment while they are at MSH,” Knudsen wrote.
Knudsen argued that the constitution guarantees people in state institutions don’t have fewer rights than others in similar situations because of their mental illness, but that allowing this group to vote would essentially give them more rights than others convicted of the same crimes.
An attorney general’s official opinion has the weight of law unless it is overruled by a court.
Knudsen’s office also filed a motion seeking to overturn the temporary restraining order.
“The law is clear, convicted felons lose their right to vote while they are serving their sentence,” Knudsen said in a statement. “Serving time at Warm Springs while being treated for mental illness does not restore that right.”
BUTTE, Mont. — The Sentinel Spartans are the kings of Montana AA baseball.
In the inaugural season of AA baseball in the Treasure State, Sentinel took the title by winning three games in two days at the State AA Tournament, culminating with a 6-3 championship game victory over the Gallatin Raptors.
“It’s tough to find words right now,” said Sentinel head coach Brian Moser. “It was pretty emotional celebrating with the guys. Just really happy for them. What an opportunity. They took advantage of it. Very proud of them. Very appreciative of everything they’ve done for me and Sentinel High School and Sentinel baseball. It’s a great night to be a Spartan.”
Junior Stellan Ridley was stellar for Sentinel, with two triples, two runs scored, and two runs batted in. Kaden Thennis added two hits, two runs, and an RBI while also drawing a hit by pitch. Owen Dale had a hit and a run batted in.
“We have a great mentality,” said Ridley. “I’m so proud of these young guys. As a junior and the seniors, leading us to this and showing how discipline works. We faced some chirpy people, and we just stayed with our level of the game and we performed, as you can see. We won the State Tournament!”
Each win for Sentinel in the tournament came in vastly different fashion.
The Spartans earned a nine-inning victory in their quarterfinal against Butte on Thursday, then came back from a 6-0 deficit after 4.5 innings in their Friday semifinal matinee against the Glacier Wolfpack. But on Friday night, in a game that started at 10 p.m. and ended at 12:08 a.m., Sentinel took an early lead and never trailed enroute to a victory over a Raptors team that had lost just one game all season.
“I had never played a game that late. Going from the early game, it was good that we had that little gap, we got to recuperate and take a solid power nap and come back out here with a lot of energy. Because if we came out flat, there was no way. But we came out with a lot of energy, and we stuck it to them. I mean, that team was good,” said Ridley of their hot start in the title game.
“Baseball is a funny game. There’s a lot of ways to win, there’s a lot of ways to lose. Just happy for the guys for sticking to it and never giving up.” said Moser. “Honestly, it takes a couple of lucky bounces here and there in a State Tournament, and we got those and took advantage. Beat a really, really good Gallatin team tonight. Just extremely proud.”
Gallatin managed to tie the game at 3 apiece in the fifth inning before the Spartans scored one in the sixth and two in the seventh, allowing freshman pitcher Lucas Johansson to earn the win and the save on the mound.
“It’s a big deal. 3 runs are way more than 1. It takes a lot of what the offense can do away. So those were huge, huge runs,” said Moser.
Johansson picked up two of the three wins in the tournament for Sentinel, while fellow freshman Paxson Onstot had the victory in the triumph over Glacier.
“I’m not going to say that’s how we drew it up, but that hopefully gives them confidence to come back next year ready to go,” said Moser. “We’ll have a target on our backs, but that’s okay. A lot of youth, it’s fun.”
Keaton Elliott tossed the first 4.1 innings of the title game for Sentinel, allowing just two hits, three earned runs, and five walks while striking out two.
The title marked the end of a remarkable turnaround for a Spartans team that started the season with a record of 5-7 before winning 10 of their last 11.
“(We got) absolutely shamed by our entire school (at assembly). It sat with me this whole time and I hated that. I just had so much drive,” said Ridley. “What are they going to say now?”
Wyatt Ford pitched a complete game for Gallatin, allowing three earned runs, five hits and a hit by pitch while striking out 10 on 103 pitches.
Ford and Louis Musial had the Raptors only two hits on the night, a triple and double, respectively, while Harvey Kimmel had two runs batted in.
Sentinel ends their season with a record of 15-8, while Gallatin concluded their campaign at 18-2.
“I think Gallatin came in here a little cocky. One loss the whole season, thinking they were going to probably roll us,” said Ridley. “No. We showed them up. Their eyes got big, and they realized we’re not a team to mess with.”
HELENA, Mont. — Montana counties have accepted enough signatures for Seth Bodnar, running for U.S. Senate and Michael Eisenhauer, running in Montana’s 2nd Congressional District, to be on the November ballot, although counts are still unofficial.
County election officials are continuing to verify signatures submitted by Tuesday’s deadline as part of the candidate petition process.
The Montana Secretary of State’s Office has not yet verified, certified or accepted the petitions, according to the Secretary of State’s office.
Counties must submit candidate petitions to the Secretary of State’s office by June 1.
The Secretary of State’s office will then conduct its “statutory review to ensure the petitions meet the necessary legal requirements under law.”
The deadline for the November general election ballot to be certified is Thursday, Aug. 20. By then, all qualifying candidates and any potential ballot issues that qualify for the general election will be officially certified.
The following was out by the Montana Secretary of State’s Office:
The attached report is unofficial. It includes totals that the county election officials have processed and entered in the system. These totals do not represent what the Secretary of State’s Office has received, reviewed, tabulated, or certified. The certified totals may differ from what is reflected.
Seth Bodnar, U.S. Senate
- 13,327 required
- 18,772 accepted
- 7,812 rejected
Kimberly Persico, MT-01
- 6,742 required
- 563 accepted
- 156 rejected
Michael Eisenhauer, MT-02
BE THE FIRST TO COMMENT
- 7,274 required
- 7,754 accepted
- 4,720 rejected
Severe storms moved through parts of Montana on Thursday, prompting a total of 5 Severe Thunderstorm Warnings. Reports included strong wind gusts and hail in several communities, including Augusta, Choteau, Sunburst, Bigfork, Kalispell and Evergreen.
The strongest reported wind gust was 60 mph near Augusta, while hail up to 1 inch was reported near Evergreen and Kalispell.
STORM REPORTS:
12 SE Grant — 56 mph thunderstorm wind gust
7 NNE Augusta — 60 mph thunderstorm wind gust
5 ENE Choteau — 59 mph thunderstorm wind gust
Sunburst — 54 mph thunderstorm wind gust
Ennis — 59 mph thunderstorm wind gust
3 SSW Ennis — 52 mph thunderstorm wind gust
2 E Helena — 54 mph thunderstorm wind gust
19 E Swan Lake — 56 mph thunderstorm wind gust
2 NNW Yaak — thunderstorm wind damage – Multiple downed trees reported along Highway 2 between MM 3 and 8
3 WSW Blacktail — 53 mph thunderstorm wind gust
1 NNW Troy — 49 mph thunderstorm wind gust
5 ENE Choteau — 56 mph thunderstorm wind gust
Turah — 0.88″ hail
1 NNW Bigfork — 0.75″ hail
3 SW La Salle — 0.50″ hail
2 N Evergreen — 1.00″ hail
1 W Kalispell — 1.00″ hail
3 WNW Kalispell — 0.75″ hail
BE THE FIRST TO COMMENT
Have a storm photo to share, UPLOAD it at NBCMontana.com/chimein
-
Los Angeles, Ca12 minutes agoMan stabbed to death after violent dog attack on Hollywood Walk of Fame
-
Detroit, MI32 minutes ago
Black Legacy Day to be celebrated May 30th in Detroit
-
San Francisco, CA42 minutes agoA 1906 fire burned 200,000 books. More than a century later, one was returned | CNN
-
Dallas, TX47 minutes agoCowboys news: More moves that Dallas could make this offseason
-
Miami, FL54 minutes agoHere’s a guide to the seven World Cup teams (and their fans) headed to Miami | Honolulu Star-Advertiser
-
Boston, MA57 minutes agoStormy Saturday, slightly sunnier Sunday – Boston News, Weather, Sports | WHDH 7News
-
Denver, CO1 hour agoStorm threat for northeastern Colorado Saturday; sunny and warmer Sunday
-
Seattle, WA1 hour agoWEST SEATTLE SATURDAY: 33 options!
