County Election Administrator says Kalispell city election should be redone

The Flathead County election administrator supports holding the Kalispell municipal election again after a county administrative error impacted ballots on Nov. 7.

But that could only occur if a district judge approves holding a second election following a challenge by one of the candidates or voters. 

Election Administrator Debbie Pierson told county commissioners Tuesday that state statute is unclear on the specific procedure if and when ballots are issued incorrectly, but does outline how an election can be challenged. 

“There doesn’t seem to be a clear state law or mechanism for me as the election administrator to walk that forward or for the commissioners,” she said. “Really the only option that seems to be for a candidate to come forward and challenge the election.” 

“We agree that it needs to be redone, but there needs to be a mechanism to get it in front of a judge,” she added, later noting that the error may prompt a change in state law that would address such a situation in future elections. 

There were 1,413 total or 8% of eligible voters impacted by the error. There are 16,894 voters in Kalispell. 

Changes in the ward boundaries and newly annexed properties updated by Kalispell City Council in 2021 were not entered into the election system used by the Election Department and thus not reflected in the ballots issued to voters. The error came to light days before the election. 

“This was an extremely unfortunate clerical error,” Pierson said. 

Pierson said she would support administering the election again for Wards 1, 2 and 3. The Ward 4 race was not contested so it wouldn’t make sense to use county funds to pay for redoing that election, she noted.

The error prompted county commissioners to split 2-1 on a decision to canvass the election. Following much discussion about the process, Commissioners Pam Holmquist and Brad Abell voted in favor while Commissioner Randy Brodehl voted against. 

Holmquist said canvassing means the election was held and votes were counted correctly and it would provide the mechanism for a challenge of the election. 

“We have to vote on an election held,” she said. “It’s not whether the process was done correctly. I would just as soon see the whole thing redone. I want to make sure that everyone has the right to vote.”

Commissioner Randy Brodehl said he wasn’t comfortable with certifying an election with 1,400 “disenfranchised voters” and as a Kalispell resident would contest the race himself in court, if necessary. 

“Voter integrity is key,” he said. “That is the No. 1 expectation of our citizens. No matter if we make a mistake or not it’s important that every citizen's vote counts.” 

Total ballots cast in the election was 2,869. 

Of the roughly 1,400 total eligible voters impacted, about 100 were the result of new annexations and the rest were the result of ward boundary adjustments.

Of that total, there were 176 who voted on an incorrect ballot. 

During public comment before commissioners, Kalispell City Council President Chad Graham, who noted he was speaking also on behalf of Mayor Mark Johnson, said he believes that the election ran counterintuitive to the “basic tenants of representative government.”

“We currently have people that voted in certain sections for people that will not be representing them,” he said. 

Neither Graham nor Johnson were on the ballot.

Councilor Sam Nunnally, who was reelected, said he didn’t care if holding the election again would mean losing his seat; it would be the right thing to do. 

Based on state law, the results of the election could be contested in district court up until five business days after the results are canvassed. The county would cover the cost of a second election, officials said. 

A minimum of 60 days would be needed to hold the election including complete printing, ballot distribution, tabulation and canvassing the election, according to the Election Department. If an election is held again, candidates will remain in the positions until that is complete. 

All incumbents in the Kalispell races retained their seats. In addition to Nunnally, Kari Sue Gabriel and Ryan Hunter outpaced their opponents in the race. Sid Daoud ran unopposed. 

The commissioners unanimously approved the canvass for Whitefish and Columbia Falls.

Features Editor Heidi Desch may be reached at 758-4421 or hdesch@dailyinterlake.com.