The Montana Supreme Court on Tuesday upheld a lower court ruling that allowed the state's Green Party Senate candidate to remain on the ballot in November's election, dealing a blow to Democrats' efforts to thwart expected election interference in the close race between incumbent Sen. Jon Tester (D) and Republican challenger Tim Sheehy.
Montana Democratic Party Lawsuit filed In late August, he placed second in the state's Green Party primary, but ran against Green Party candidate Robert Barbe, who took his place when the top vote-getter winner withdrew from the race.
The Green Party filed the necessary paperwork with Secretary of State Christy Jacobsen declaring Barb an alternative candidate to the Green Party, but the state Democratic Party filed a lawsuit against the Secretary of State and the state of Montana to block Barb's name from appearing on the ballot, alleging that the Green Party did not follow proper procedures.
In its ruling on Tuesday, the state Supreme Court found that Democrats “failed to establish that the Montana Green Party's State Central Committee likely violated the party's 'rules' when it appointed Barb to fill the vacant seat.”
The court noted that the Green Party's rules are “silent” about how the party should replace candidates who leave the party, and agreed with the defendants' argument that the Democrats' “allegation that the Montana Green Party failed to appoint Barb in accordance with its rules is merely speculative.”
The ruling upholds a lower court's decision to deny the Montana Democratic Party's request for an injunction, arguing that its claims were unlikely to succeed because the party failed to follow “an express and exclusive statutory procedure for challenging a nomination.”
The Montana Supreme Court disagreed with the lower court's ruling but ultimately reached the same conclusion.
Montana Democratic Party Chairwoman Robin Driscoll called the ruling “disappointing” and blasted Barbara and the state's Republican Party in an emailed statement Wednesday.
“While today's verdict is disappointing, the Montana Democratic Party will continue to ensure voters know the truth about Robert Barbe, a prominent Republican who shares right-wing conspiracy theories and believes climate change is a 'hoax,'” Driscoll said in a statement.
“We strongly condemn the Montana Republican Party's blatant manipulation of voters and their troubling refusal to comply with Montana's election laws, and we will continue to speak the truth from now through Election Day,” Driscoll added.
The Secretary of State said he was pleased with the outcome.
“I am pleased that the Supreme Court unanimously rejected this Hail Mary attempt to undermine Montana's election laws,” Jacobsen said in an emailed statement. “From the beginning, this lawsuit has been a baseless political game played by Washington elites and has shown complete disrespect for the state of Montana and its election officials.”
The Hill has contacted the Green Party for a response.
Tester is fighting to keep his Senate seat in a heavily Republican state that will be crucial in controlling the Senate.
The Cook Political Report recently gave the Montana Senate race a “significant shift” from a “close race” to a “Republican advantage” as Republicans have a better chance of defeating the incumbent in the battleground state.
Several recent polls have shown Mr Sheehy, a businessman, leading Mr Tester by a few points – within the margin of error but not by as much as Democrats would like.
An AARP poll last month gave Sheehy a six-point lead over Tester, while an internal survey by the Senate Republican campaign organization gave Sheehy a four-point lead.
Story updated at 4:47 p.m. ET
