II.13. Right of Suffrage
Text
All elections shall be free and open, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
History
Sources
The Constitution of the State of Montana 1884
Mont. Const. art. I, § 5(1884). That all elections shall be free and open; an no power, civil or military, shall at anytime interfere to prevent the free exercise of the right of suffrage.
The Constitution of the State of Montana 1889
Mont. Const. art. III, § 5 (1889). All elections shall be free and open, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
Montana Constitutional Convention Proceedings of 1889
Montana Constitutional Convention Proceedings of 1889, 448-467 (State Publishing Co. 1921). Delegate Marshall, arguing the words "and open" should be striken, stated "We have now the secret ballot, and by the late law of the Territory the polls are removed, and no man can come within a certain distance of the place of voting; and it seems to me that the word as printed may render that law unsatisfactory, although that is not the intention; and it seems to me that the words “and open” really add no force to the section." In response, Delegate Bickford, who opposed striking the language, stated "Not only are elections to be free, but they are also to be open. They should be open to all persons who are legally entitled to vote. The polls should be open to all persons, who, under the laws of this Territory and the United States, are entitled to the right of franchise. I believe that the words should be left in, because the right may be protected by their remaining in the place where they are now." The amendment was voted on after a debate among the delegates but failed. As a result, the 1884 Montana Constitution and the 1889 Montana Constitution had identical right of suffrage provisions.
The Constitution of the Commonwealth of Pennsylvania 1874
Pa. Const. art. I, § 5 (1874)."Freedom of elections. Elections shall be free and equal; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage." Debate of the Convention to Amend the Constitution of Pennsylvania Convened at Harrisburg, November 12, 1872; Adjourned November 27, to meet at Philadelphia, January, 7, 1873. Delegate M'Allister, speaking for the Committee on Suffrage, reported that no citizen should lose voting status as a result of civil or military service.(Benjamin Singerely State Printer 1873) Pa. Const. art. IX, § V (1838), only stated, "Elections shall be free and equal."
The Constitution of the State of Arkansas 1874
Ark. Const. 1874, art. I, § 2 (1874). "Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage." Ark. Const. art. I, § 19 (1868), read, "The right of suffrage shall be protected by laws regulating elections, and prohibiting under adequate penalties all undue influence, bribery, tumult, or other improper conduct."
The Constitution of the State of Missouri 1875
Mo. Const. art. I, § 9 (1875). "That all elections shall be free and open; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage." Mo. Const. art. I, § XIV (1865), read "That all elections ought to be free and open."
The Constitution of the State of Colorado 1876
Colo. Const. art. II, § 5 (1876). That all elections shall be free and open; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
Other Sources
Hannah Tokerud, Comment, The Right of Suffrage in Montana: Voting Protections Under the State Constitution, 74 Mont. L. Rev. 417 (2013). IX Cong. Rec. 1699 (1879).