2 days Ago
The Montana Democratic Party headquarters in Helena. The Montana Supreme Court denied the state Democratic Party's request for an intervention in its case against the Secretary of State and the Green Party Tuesday. The Montana Democratic Party sued Secretary of State Christi Jacobsen and the Montana Green Party earlier this summer, arguing that the Greens could not field a candidate in the state's U.
S. Senate race because of a last minute shake-up in Green candidates. The case was argued before Lewis & Clark County District Court Judge Mike McMahon in late August who ruled for the state and the Greens.
The Democratic Party then appealed the case to the state's high court in addition to a request for the high court to quickly intervene. The Montana Supreme Court denied the Democrats' request for intervention Tuesday and the appeal to the high court is still pending. The election is less than 50 days out and the Democratic Party has the ability to request an expedited schedule, but has not done so yet, according to Clerk of the Montana Supreme Court Bowen Greenwood.
Rob Cameron, attorney for the Green Candidate for U.S. Senate Robert Barb, said he "would not be surprised" if the Democrats now request an expedited schedule.
The Supreme Court acknowledged that even an expedited briefing schedule in a routine appeal would not suffice given the timeline of the election and the case. "The present case, however, presents the rare exception where the urgency is such that the normal appeal process, even on an expedited briefing schedule, may not afford effective relief that may be available via supervisory control," Justice Dirk Sandefur wrote in his opinion. Montana Supreme Court Justice Dirk Sandefur That said, the Supreme Court still denied the Montana Democratic Party's request for intervention because "MDP has not convinced [the supreme court] that the District Court erred in its rulings.
.." McMahon ruled against the Democrats' request for a preliminary injunction earlier this month and appeared to attach his decision to one main statute , saying the state party did not follow the proper procedure to contest a nomination of a candidate.
The Supreme Court, for its part, did not agree with McMahon's application of that statute, but agreed with the overall denial of a preliminary injunction. "We will affirm the district court when it reaches the right result, even if it reaches the right result for the wrong reason," Sandefur wrote in the opinion. Secretary of State Christi Jacobsen celebrated the denial Tuesday.
"I'm pleased that the Supreme Court unanimously rejected this hail mary attempt to undermine Montana election law," Jacobsen said in a statement. "From the start, this lawsuit was a baseless political game from Washington elites that showed complete disrespect for Montana and our election officials." This case was brought by the Montana Democrats in response to last-minute changes in the Greens' U.
S. Senate candidates: In an effort to block Barb from winning the June primary election, Helena resident Michael Downey filed to run as a Green Party candidate because Downey felt like Barb was not a true Green Party member . In reality, both Downey and Barb harbor evidence that they're not Green through and through.
Barb made multiple small-dollar donations to the Republican National Committee over a few days in April 2021, according to federal filings. And while Barb’s campaign materials and court statements conform to Green ideals, his social media pushes conspiracy theories popular among the far-right. Meanwhile, Downey has a multi-year history of ties to the Democratic Party.
Downey went on to beat Barb by nearly 25 points in the primary and was on the path to being the Green Party's candidate. But on the last day possible, Downey withdrew his name from consideration, giving the Green Party the power to select a new candidate. Barb then reached out to become that new candidate and the Montana Green Party's leader affirmed Barb's candidacy.
Accusations fly, candidates shuffle in Montana's Green Party The Democrats sued soon after the changes, arguing that the Greens did not follow their bylaws in selecting Barb — which they say is required by statute — and should therefore be disqualified from having a Green Party candidate in the U.S. Senate race at all.
"While today’s ruling is disappointing, the Montana Democratic Party will continue to make sure that voters know the truth about Robert Barb: He is a well-known Republican who shares right-wing conspiracy theories and believes climate change is a ‘B.S. fake narrative'," Montana Democratic Party Chair Robyn Driscoll said in a statement (Barb asserted that he believes climate change is an "enormous threat to our planet" in a court document) .
"We strongly condemn the Montana Republican Party’s blatant manipulation of voters and troubling refusal to follow Montana election law, and we will continue to share the truth from now until Election Day.” The Democrats tend to be invested in the Green candidates — despite the fact that they essentially never win federal elections — because it is commonly believed that Green candidates have the potential to suck votes from Democratic candidates. In tight races, those votes have the potential to help decide the outcomes of elections.
Sen. Jon Tester is being challenged by political newcomer Republican candidate Tim Sheehy and it is one of the most closely watched elections in the nation this cycle as it is likely to determine which party has control of the Senate. The last time Tester was up for reelection in 2018, the Montana Democrats also sued to get the Greens out of the Senate contest by alleging that the party did not garner enough valid signatures to get their candidates on the ballot.
The Democrats were successful in this suit and the Green Party was kicked off the general election ballot. Victoria Eavis is a reporter for the Montana State News Bureau. Get Government & Politics updates in your inbox! Stay up-to-date on the latest in local and national government and political topics with our newsletter.
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