Mullen Hopes To Make Secretary of State Race About Jacobsen ‘Failures’

Whether it is a battle over the proposed constitutional amendment protecting abortion rights or the fight over efforts by the legislature to change voting laws, Secretary of State Christi Jacobsen has often been at the center of intense clashes around election security and processes.

She argues she is fighting for small businesses and willing to take on political elites. Her opponent, businessman Jesse James Mullen, says the fights in court have more to do with her failures as an administrator than anything else.

“The lawsuits alone, after the first three years, were in excess of $3 million. We expect when all is said and done, after this year, when she has been pulled in front of the courts repeatedly for failing to do her constitutionally obligated duties, that will then be well in excess of $4 million just spent defending themselves and losing because they’re not doing the job that they could have easily done with adequate staffing.” Mullen said.

Despite the dispute, most analysts say Mullen faces an uphill battle in getting attention for his campaign in an election season dominated by the U.S. Senate race between Democrat Jon Tester and Republican challenger Tim Sheehy.

While a lower profile, the Secretary of State still has critical functions in the state. Their office oversees administering elections, operating the Business Services Division, licensing notaries and maintaining government records. Additionally, the secretary serves on the Montana Land Board which maintains and generates revenue from state trust lands.

Jacobsen cruised to election in 2020, winning her office by the largest margin of any statewide candidate that year.

During her tenure, though, the office has faced criticism.

The secretary had to deal with a class-action lawsuit for running an online business system that double billed some clients, raising concerns that some may have been charged too much for services. The secretary was also criticized for dragging her feet in certifying the abortion rights initiative on the ballot this year.

One of Jacobsen’s campaign promises in both the 2020 and 2024 - the need for improved election security, especially through Voter ID requirements - also landed the office in court. She supported Senate Bill 169 passed in 2021, which stipulated that student and tribal IDs must be accompanied by secondary forms of identification while voting. That effort was struck down by Judge Michael G. Moses in September of 2022 along with other proposals that eliminated same day voter registration and banned the use of paid ballot collectors. The state Supreme Court agreed, but Jacobsen has appealed to the U.S. Supreme Court.

But even as these fights persist, problems have continued.

When online overseas voting went live in late September this year, Democratic presidential candidate Kamala Harris and running mate Tim Walz were not listed as options when Flathead resident Max Himsl attempted to use the service maintained by the Secretary of State Office, according to media reports. The error was fixed that day but had gone live with the mistake in place.

“What processes are being skipped and ignored that would allow three candidates in the general election to just not appear on the ballot... We shouldn’t have to rely on a voter filling out their poll to catch a mistake made by the Secretary of State. There needs to be processes in place to prevent it before it gets there. And whatever they’re doing clearly isn’t sufficient.” Mullen said.

Jacobsen, who declined multiple requests for an interview, has published a list of key issues on her campaign sight, among them election integrity.

“Elections are the core of our democratic republic. Our honeycomb system is what makes our election system strong. I will protect against any attemp[t]s [sic] for centralizing and thus weakening our elections.” Jacobsen says on her campaign website.

Jacobsen was born in Helena, Montana, graduated from Carroll College and later received their master’s degree in public administration from the University of Montana. The incumbent previously served as the chief deputy to former Secretary of State, Cory Stapleton.

Deer Lodge small-business owner Jesse James Mullen runs Mullen Newspapers, an outfit that publishes 20 different newspapers and magazines across six western states. Mullen has covered elections as a journalist off and on for 20 years.

According to political analysts, Mullen faces two daunting challenges. Few people beyond Deer Lodge may know his name and the other bigger challenge may just be getting any attention in a campaign so dominated by the nationally significant and exorbitantly expensive U.S. Senate race.

“I think hardly anyone is focusing on the Secretary of State election, because so much has been with the Senate race, the Governor’s race. I’ve heard very little, so I just I just think this is going to be under the radar election all the way through [Election Day].”