Cascade Co. investigating independent signature gathering, House candidate Miller files lawsuit

The Cascade County Attorney’s Office and Cascade County Sheriff’s Office are investigating about 800 potentially bogus signatures gathered by at least one petitioner who worked to qualify Michael Eisenhauer, the independent candidate running for U.S. House in the Eastern Congressional District, and Seth Bodnar, the independent candidate running for Montana’s open U.S. Senate seat.

According to a Wednesday press release from the Cascade County Attorney’s Office, none of the signatures under investigation were counted toward either candidate’s ballot-qualification total, both campaigns have cooperated with the investigation, and Cascade County law enforcement suspects neither campaign of wrongdoing. Investigators have not alleged that any of the signatures in question are in fact fraudulent.

Unlike party-affiliated candidates, who qualify for general elections through primaries, independent candidates have to collect a certain number of signatures from members of the electorate to appear on the ballot. Both Eisenhauer and Bodnar acquired the necessary number of signatures — 7,274 and 13,327, respectively — before the May 26 deadline.

Detectives are currently interviewing signature gatherers as well as people who allegedly had their names added to the petition without their permission.

Brian Miller, the Democrat in the Eastern District House race, filed a lawsuit this week that asks a judge to consider disqualifying hundreds of signatures that, unlike the signatures under investigation, did count toward Eisenhauer’s qualification for the ballot.

Signatures are submitted in batches. Each batch is accompanied by an affidavit, a binding legal document signed by the gatherer, that attests to the signature’s validity. Signature gatherers, not candidates or campaigns, are legally liable for fake signatures.

Miller’s lawsuit argues that one fraudulent signature should invalidate the affidavit of an entire batch, and so every batch that contains a fraudulent signature should be disqualified. That could invalidate about 1,600 signatures from Eisenhauer’s petition, putting the independent candidate below the threshold to qualify for the ballot.

Miller also argues that any signature collected by a gatherer who submitted at least one fraudulent signature should be thrown out. That could disqualify about 5,600 signatures.

Ballots went to the printer Wednesday. Miller told Capitolized that if the judge rules in his favor, he thinks votes cast for Eisenhauer should not be counted.

On Monday, District Court Judge Mike McMahon will hold a scheduling conference to set a timeline for Miller’s lawsuit. Early voting begins Oct. 6.

As of publication, Cascade County law enforcement has not publicly alleged large-scale fraud, or even a single forged signature. The investigation is ongoing.

In a written statement, Eisenhauer called the lawsuit “frivolous” and said it “represents a desperate move by Brian Miller.”

Miller’s lawsuit references Bodnar’s campaign, but does not challenge Bodnar’s eligibility to appear on the ballot.