Yellowstone County Commission tables proposed policy to regulate signature gathering

Following public pushback, the Yellowstone County Commissioners at their Tuesday meeting reneged on a proposed policy to restrict political activity, including gathering petition signatures, on county property without prior approval from the county. 

Policy 26-91 appeared on the commission’s consent agenda — which is approved as a whole, not by individual item — as a “PUBLIC ACCESS and POLITICAL ACTIVITY POLICY,” requiring any individuals or organizations gathering signatures for any political activity or “other political or advocacy purposes” to check in with county officials prior to working on county property. 

Unless specifically authorized, the proposed policy would have restricted political activity inside county property, within building entrances and exits, or by otherwise “engaging individuals who are entering or leaving county buildings.”

The policy was moved to the regular agenda prior to the meeting, and in a unanimous vote, tabled until it could be reviewed and revised. 

Dozens spoke against the policy at the commission meeting, saying it restricted freedom of speech and was overly broad, criticizing the lack of public input prior to it appearing on the agenda. 

Will Ryerson, an activist and paid signature gatherer for Montana Conservation Voters, said his job would be made harder by the policy, because it has “little to no clarity to what sort of actions violate it.”

“Respectfully, commissioners, I ask, what am I allowed to do or say in this situation as a paid signature gatherer or canvasser?” Ryerson asked. “Canvassing and signature gathering is all about building rapport and striking up a conversation with the public, engaging with members, or engaging with the public about issues that affect their communities.”

Others argued the policy was a direct response to a proposed ballot initiative requiring voter approval before data centers are built or expanded in the county — a campaign that has just two weeks before the deadline for submitting signatures. 

“Let’s now talk about timing. Recently, there were five petitions circulating, and commissioners saw no need for restrictions. Now, the only one circulating is a valid initiative regarding a data center, and not only a data center, but the largest one in the country,”  said Martha Rhodes, of Billings. “It seems that having this come up now is clearly a targeted attempt to protect certain specific corporate interests.”

The initiative to give residents voting power over data center construction is just one version of the county-level response to the increase of proposed large-scale data center projects around the county. 

While the petition was approved for signature gathering, the county had previously voted to direct the county attorney to seek a legal judgement over whether the citizen initiative is constitutional. There has not been an update on the legal challenge from the county. 

Yellowstone County Voices, the group behind the data center petition, said in a press release that a major issue with the proposed restrictions is they would have applied to MetraPark, the location of the MontanaFair, which begins next week. 

Dozens more public comments focused on the restrictions to the First Amendment, and a need to provide more access for public participation in the political process, not less. 

“I’m collecting signatures for multiple ballot initiatives here in Billings, and it’s not glamorous work,” said Jesc Gallegos. “It’s hot. It’s exhausting, and a lot of people tell me no. But you, but I do it because Montana has something that is really special. We have the power of citizens’ initiatives. Regular people can bring issues directly to the ballot, and that only works if people are actually able to collect signatures from their neighbors. 

“Democracy is very important to me, and I assume it’s important to you too.I couldn’t help but to feel that we are being treated as if something that needed to be controlled instead of something that should be.” 

Following public comment, county staff recommended the policy be tabled and reviewed. 

“The intent of the proposed policy was to establish content-neutral guidelines that would apply equally to all petitioning and political activity on county property,” said county attorney Steve Williams. “It was not intended to restrict signature gathering in traditional public forums like sidewalks, parks, or other public spaces outside county buildings.”

County staff added the county has had similar requirements in place for political activity previously, but not in regulation. Staff said the policy was not intended to require groups to obtain county permission before gathering signatures, but merely to check in with the county.