Montana Secretary of State Christi Jacobsen communicated with Cascade County commissioners via email in February, addressing the recruitment of a new elections administrator. Jacobsen specifically recommended that they avoid hiring Rina Fontana Moore, a Democrat, who previously managed elections in the county for 16 years as the clerk and recorder.
Recently, a report from an investigator at the Montana Department of Labor and Industry’s Human Rights Bureau indicated that there was substantial evidence backing Fontana Moore’s claim of political discrimination. The investigator noted that it was Austin James, the election director under Jacobsen, who persuaded her to take the unusual step of intervening in the county’s hiring process.
In February, following the reassignment of Clerk and Recorder Sandra Merchant, Cascade County commissioners held interviews for the elections administrator position. They interviewed four candidates, including Fontana Moore and her long-time election manager, Lynn DeRoche, during public sessions on February 6.
On February 14, Jacobsen sent a message to commissioners Joe Briggs, Rae Grulkowski, and Jim Larson, explicitly stating, “Please do not hire Ms. Moore or a member of her administration as Cascade County’s Election Administrator.” Jacobsen expressed that such a decision would undermine the voters of the county.
The following day, the commissioners announced their decision to appoint Terry Thompson, formerly the CEO of the Great Falls Association of Realtors, for the position.
In feedback to a Human Rights Bureau investigator, Jacobsen claimed that she rarely interacted with county election administrators and could not recall how she became aware of leadership changes in Great Falls. She stated that Fontana Moore was not a consideration for her.
Documents from the investigation revealed that James, the election director, made a compelling argument against Fontana Moore and suggested that Jacobsen send the email expressing her concerns.
James had joined the Secretary of State’s Office in 2019, initially as an attorney before transitioning to elections director. He remarked that Fontana Moore had faced multiple complaints from citizens regarding her behavior and noted issues with “voter cancellations” under her supervision. Additionally, he pointed out that Fontana Moore had expressed criticism of the new ElectMT election software, which was implemented in January 2023. Interestingly, Fontana Moore had a role in the software’s development and testing.
James also felt that Fontana Moore’s defeat in the 2022 election for the clerk and recorder position justified not appointing her as election administrator. This reasoning was believed to help uphold the integrity of the election process.
Requests for comments were made to both Jacobsen and James. Richie Melby, the spokesperson for the Secretary of State’s Office, provided a brief comment indicating that they could not address the ongoing allegations.
The investigator at the Human Rights Bureau assessed that there could be grounds for discrimination based on political beliefs, citing concerns that hiring Fontana Moore could negatively impact perceptions of the 2022 clerk and recorder election results. The report, authored by Bureau Chief Marieke Beck, stated, “If an employer takes an adverse action against an applicant because she was not elected, this appears to be a form of political belief discrimination.”
The influential role of Jacobsen as Montana’s top election administrator was also highlighted, indicating that her views on hiring decisions carry significant weight compared to those of others.
As a result of these findings, the Bureau concluded there was reasonable cause to believe that political discrimination had occurred.
In remarks to MTFP, Fontana Moore mentioned that she had halted her legal representation due to escalating costs but expected that a hearing would resolve the ongoing case, with uncertain outcomes regarding potential damages. She expressed relief at the conclusion of the matter, affirming her commitment during her 16 years of service.
Fontana Moore initiated her discrimination complaint just 11 days after the commissioners appointed Thompson. The case also involved allegations against the county commissioners—Briggs, Larson, and Grulkowski—as well as Cascade County itself.
On October 4, the commissioners agreed to settle Fontana Moore’s case for $52,500. An attorney for the county cautioned that further investigation could likely confirm reasonable cause, which could lead to a larger settlement amount. Grulkowski was the sole commissioner to oppose the settlement.
Following her application for the elections administrator role, Fontana Moore focused on campaigning for a legislative position in House District 20 during 2024 but was ultimately defeated by Melissa Nikolakakos.