Montana Supreme Court Denies Effort to Remove Green Party Senate Candidate From Ballot
The Montana Supreme Court receives the case again, the justices said it would “affirm the district court when it reaches the right result, even if it reaches the right result for the wrong reason.”
Montana Democrat Sen. Jon Tester already faced a hard road to victory in November.
The Montana Supreme Court made it rockier by denying the Democrat Party’s request it take control of its case to remove the Green Party senate candidate from the ballot. From The Daily Montanan:
A five-justice Montana Supreme Court panel on Tuesday denied the Montana Democratic Party’s request that the court take over its case challenging the appointment of the Green Party’s U.S. Senate candidate, saying the party had not convinced the justices that a lower court erroneously allowed the Green Party candidate onto the ballot.
The decision means U.S. Senate candidate Robert Barb remains on the ballot.
While the court panel denied the party’s request for a writ of supervisory control, it also found that the party had not shown it was likely to succeed on the merits of its argument for a preliminary injunction that would block Secretary of State Christi Jacobsen from certifying the November ballot to include Barb.
Barb became the nominee when Michael Downey withdrew from the general election in August.
The Green Party filed to put Barb on the ballot instead of Downey, which the state certified a few weeks later.
The state’s Democrat Party argued the Green Party did not properly interpret the statute that explains how a party can replace a candidate.
Lewis and Clark County District Court Judge Kathy Seeley granted a restraining order, but denied the preliminary injunction after she heard arguments.
The Democrat Party “appealed Lewis and Clark County District Court Judge Mike McMahon’s ruling from Sept. 3, which denied the Democratic Party’s request for an injunction to keep Barb off the ballot.”
But if the Montana Supreme Court receives the case again, the justices said it would “affirm the district court when it reaches the right result, even if it reaches the right result for the wrong reason.”
Losing Tester to his GOP challenger Tim Sheehy could flip the Senate to a Republican majority.
Cook Political Report described their race as “lean Republican.”
The Real Clear Politics polling average has Sheehy leading Tester, 50% to 44.8%.
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Comments
Baby steps in the right and correct direction.
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another dem
another attempt to obstruct voters
Is “Precious Democracy” trademarked… hate to infringe on their religious tenant.
But whenever it’s used, it must appear next to a photo of Gollum.
Tenet
In swing blue states, voter manipulation occurs by forcing voluntarily withdrawn third party nominees to stay on the ballot.
In swing/red states, voter manipulation occurs by trying to forcibly remove third party nominees from the ballot.
Funny how they can try to use the evil tactic on both sides of the Indy arguments for their rigging games.
Funny peculiar not funny haha! If weren’t for double standards, they’d have no standards at all. Fear rules the democrat party, not any standards.
It seems that the Democratic party of is the opinion that this Democracy thing is way too pervasive.
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