Montana Secretary of State Christi Jacobsen discriminated against a former Cascade County election official in a hiring decision, an investigation by the Montana Department of Labor and Industry's Human Rights Bureau found.
The investigator concluded that Jacobsen's actions were politically motivated, according to a report obtained by the Montana Free Press.
The investigation stemmed from a complaint filed by Rina Fontana Moore, a Democrat who has been the county's clerk and recorder for 16 years. Jacobsen, a Republican, had emailed Cascade County commissioners in February urging them not to appoint Fontana Moore or her former election manager, Lynn DeRoche, as the county's elections administrator.
Both had been interviewed, but a day after the interview, Terry Thompson, a former CEO of the Great Falls Association of Realtors, was given the position.
Montana's Election Administration Controversy
"Please do not hire Ms. Moore or a member of her administration as Cascade County's Election Administrator," Jacobsen wrote to commissioners Joe Briggs, Rae Grulkowski, and Jim Larson.
Jacobsen that hiring Moore would "directly undermine the voters of Cascade County, among other reasons."
Fontana Moore filed a discrimination complaint 11 days later.
The investigator determined that Austin James, the state's election director, played a key role in Jacobsen's decision to oppose Fontana Moore's appointment.
James argued that Fontana Moore had drawn complaints from citizens, was critical of Montana's new ElectMT election software, and had lost her 2022 reelection campaign to Sandra Merchant, whom the commissioners later stripped of election duties.
Details From the Discrimination Investigation Report
James defended the decision, saying it preserved "the integrity of the process," according to the investigator's report.
Fontana Moore had participated in developing the ElectMT system and raised concerns about its implementation after its launch in early 2023.
The Human Rights Bureau investigator noted that Jacobsen's position as the state's top election official gave her opinion significant weight in local decision-making.
"Until there is guidance to the contrary, if an employer takes an adverse act against an applicant because she was not elected, this looks like a form of political belief discrimination," Bureau Chief Marieke Beck wrote in the report.
Rina Fontana Moore Reflects on Her Tenure
The case also included allegations of discrimination against the Cascade County commissioners, who settled with Fontana Moore for $52,500 in October.
Grulkowski opposed the settlement, while an attorney for the county advised that a larger payout could result if the case advanced.
Jacobsen, through spokesperson Richie Melby, denied wrongdoing.
"Due to the ongoing nature of the proceeding, the SOS Office is unable to comment on the baseless allegations," Melby wrote in an email to the Montana Free Press.
Fontana Moore said she no longer works with an attorney due to escalating legal fees and is uncertain whether damages will be awarded following a hearing.
Despite the outcome, she remains proud of her tenure.
"I did the very best that I could do in the 16 years that I was in office, and I wanted to continue that work," she said.
This article includes reporting from The Associated Press.
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