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Judge denies Democratic Party's request to boot Green Party Senate candidate from ballot • Daily Montanan

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Judge denies Democratic Party's request to boot Green Party Senate candidate from ballot • Daily Montanan


Robert Barb, the Green Party candidate for Montana’s U.S. Senate seat, is on November’s ballot after a Lewis and Clark County District Court judge on Tuesday denied a request from the Montana Democratic Party for an injunction to try to keep him out of the election.

Judge Mike McMahon denied the Democratic Party’s injunction request and dissolved a temporary restraining order issued by another district court judge that temporarily prohibited Secretary of State Christi Jacobsen from certifying the November ballot to include Barb’s name.

But the Montana Democratic Party’s chairperson said the party planned to appeal the decision to the Montana Supreme Court, meaning if the state’s high court sides with the Democrats’ forthcoming appeal, Barb could potentially still be taken off the ballot.

“I’m pleased that the court sided with the election officials for following the law and certifying the 2024 General Election ballot by the deadline,” Jacobsen said in a written statement Tuesday. “This lawsuit was nothing more than bogus political games meant to undermine Montana law with complete disrespect to county election officials during one of their busiest stretches of an important election year. The Montana Elections Team will continue its work preparing to serve Montana voters this fall.”

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The Democratic Party sued to stop Jacobsen from certifying the ballot with Barb’s name on it hours before the certification deadline, arguing that the Green Party had not followed its bylaws in appointing Barb and that the appointment should have gone to a vote of party members, not been made by the party’s central committee. It said that having to educate voters about a different candidate than Democratic U.S. Sen. Jon Tester would have faced otherwise in November would cost the party extra time and resources.

Barb intervened in the lawsuit ahead of a hearing last Friday that came a week after another Lewis and Clark County District Court judge had issued a temporary restraining order that said Jacobsen could not certify the ballot with Barb’s name on it.

But McMahon’s order said the Democratic Party’s argument that the Green Party had not followed its bylaws in appointing Barb as the replacement U.S. Senate candidate after primary winner Michael Downey dropped out of the race “conveniently ignores” that the Democratic Party had not informed Barb it was challenging his nomination as is required by Montana Code Annotated 13-36-102.

That statute, as Barb’s attorney told McMahon in court on Friday, requires a person or organization contesting a candidate’s nomination, like the party’s appointment of Barb for the Senate race, to notify the candidate within five days of the candidate being certified.

“Since the Democratic Party failed to comply with the Legislature’s exclusive nomination ‘contest’ procedure, this court finds, at this juncture in this proceeding, that the Montana Democratic Party is not likely to succeed on the merits in this matter and therefore, a preliminary injunction is neither permitted nor authorized,” McMahon wrote.

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Because he denied the Democratic Party’s request for a preliminary injunction, he also dissolved the Aug. 22 temporary restraining order issued by Judge Kathy Seeley about 50 minutes after Jacobsen certified the November ballot.

McMahon rendered moot Barb’s motion to dismiss the case as well. Jacobsen and the state’s motion for summary judgment is not fully briefed and McMahon did not issue an order on that request.

Barb’s attorney, Rob Cameron, told the Daily Montanan that he and Barb were pleased with the court’s quick decision so his client will be on the ballot and so county election officials can get ballots out to overseas and military voters on time.

“We view it as very well-reasoned and thoughtful, and we were also gratified to see it come out this quickly, particularly in light of the election calendar requirements that are coming up for the local elections officials to print ballots,” Cameron said, adding he would not seek attorneys’ fees in the case.

Montana Democratic Party chairperson Robyn Driscoll said the party would appeal the decision and that it still believes Barb’s appointment was done illegally and that his sworn attestations to adhere to the Green Party’s platform were not true.

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“Today’s ruling does not reflect what we know to be true: Robert Barb’s placement on the ballot was done in violation of Montana law, and no Green Party candidate should appear on the ballot as a U.S. Senate candidate,” Driscoll said in a written statement. “Robert Barb is a Republican, with a history of donating to Republicans, promoting right-wing conspiracy theories, and calling climate change a ‘B.S. fake narrative.’”

The Secretary of State’s Office did not immediately respond Tuesday to questions about whether it would continue to seek summary judgment in the district court case or seek attorneys’ fees.



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Powerhouse Football Team Drops Incredible Hype Video For Legendary Rivalry Game

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Powerhouse Football Team Drops Incredible Hype Video For Legendary Rivalry Game


Montana State brought its fastball for the team’s Brawl of the Wild hype video.

The Bobcats will take the field Saturday against the Montana Grizzlies in the latest installment of one of the greatest rivalries in all of sports.

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Fans of the Bobcats and Grizzlies hate each other. They’re the only two major schools in the state, and both are FCS powerhouses.

The bitterness runs deep between the fans, and once a year, they come together on the gridiron to earn bragging rights for a year.

Montana State drops epic hype video for Brawl of the Wild against Montana. 

If you’re going to play in a monster college football game, then you need a great hype video to get the fans juiced up.

Well, the Bobcats brought their A-game with a hype video featuring Journey’s classic hit song “Separate Ways (Worlds Apart).”

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Smash the play button below, and then hit me with your reactions at David.Hookstead@outkick.com.

That video goes insanely hard. That’s one of the best hype videos I’ve seen all season long, and I’m not at all surprised that it’s for the Brawl of the Wild.

The 11-0 Bobcats battling it out with the 8-3 Grizzlies is exactly what fans want to see in the final game of the regular season, and the stakes couldn’t be higher.

MSU is looking to go undefeated. Montana is looking to play spoiler and improve their position for the FCS playoffs.

This is what it’s all about, and do not sleep on the Brawl of the Wild simply because it’s FCS action. As someone who used to live in Bozeman, I can tell you that the environment will be nuts Saturday and the city and Bobcat Stadium will be rocking.

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You can catch the game at 2:00 EST on ESPN+. It should be one of the best of the weekend. Let me know your thoughts on the Brawl of the Wild at David.Hookstead@outkick.com.





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'Montana Bar Fairies' expanding to Bozeman starting Cat-Griz weekend as Gallatin County DUIs increase

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'Montana Bar Fairies' expanding to Bozeman starting Cat-Griz weekend as Gallatin County DUIs increase


BOZEMAN — People in downtown Bozeman who choose not to drink and drive after a night out will soon see fairies giving them a gift to thank them for their good choices.

“Montana Bar Fairies is a nonprofit that my daughter and I started because my son was killed by a drunk driver in the Flathead, on March 23rd, after celebrating his 21st birthday,” says Beth McBride.

Bobby Dewbre was set to graduate from Flathead Valley Community College with a welding certificate before he was hit by a drunk driver while waiting for his sober ride.

To ensure no other family experiences the grief they do, Beth McBride and her daughter Carli Dewbre decided to start Montana Bar Fairies.

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Montana Bar Fairies shirt that says, “Your luck will run out. Don’t drink and drive.”

“My daughter drove by a bar early in the morning on her way to work and she saw some cars in the parking lot. And she called me up and she said, ‘Mom I wish there was a way that we could thank people for not drinking and driving, for leaving their cars,’” McBride recalls.

The nonprofit began in Kalispell almost a year ago, but an increase in DUI-related accidents in Gallatin County brought the Bar Fairies to Bozeman.

“There seems to be a desire for the community here to say, ‘You know what? We’re done.’ It’s over. We’re not accepting drunk driving anymore. It’s time to save lives,” says McBride.

According to the Gallatin County DUI Task Force, Gallatin County consistently ranks in the top five most dangerous counties in Montana for impaired driving—with Bozeman Police issuing a majority of all DUIs in the county.

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Bozeman’s Bar Fairies chapter director and MSU student, Patricia Hinchey, says there’s no better time to start their work in Bozeman than the weekend of Cat-Griz.

“Sunday morning, we’re going to be going really early and placing coffee cards on cars, around downtown, in the parking lots, along the streets. And so, if you’re lucky, you might get a coffee card thanking you for not drinking and driving after the Cat-Griz game,” Hinchey says.

Included with each coffee card is a card with a story of someone who lost their life to a drunk driver. Patricia says they’re looking for Bozeman families willing to share their story, as well as more volunteers.

“We want to take Montana from the worst state for DUI fatalities to zero. And we need the community’s help to do that,” says McBride.

Contact Hinchey for help with Bozeman’s chapter at Patricia@montanabarfairies.org

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Learn more about Montana Bar Fairies at their website.





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What’s At Stake For No. 1 NDSU at No. 4 USD & No. 9 Montana at No. 2 Montana State?

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What’s At Stake For No. 1 NDSU at No. 4 USD & No. 9 Montana at No. 2 Montana State?


The FCS playoff picture will take shape with Week 13 games a day before FCS Selection Sunday.

The Top 4 seeds could be pretty clear, depending on results. The Top 5 seeds could also get real messy, depending on results.

Two Top 10-ranked matchups will especially impact the order of the overall Top 8 seeds: No. 1 NDSU at No. 4 USD and No. 9 Montana at No. 2 Montana State.

What does this weekend’s result mean for these four teams and their playoff positioning? We’ll go through the scenarios below.

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For the purposes of this article, we’ll say things go chalk and No. 5 UC Davis wins at Sac State and No. 3 SDSU wins at No. 18 Missouri State, which is no guarantee, but they would be big upsets if Davis or SDSU were to lose.

If Montana State & NDSU Win

NDSU and Montana State should be the Top 2 playoff seeds with home-field advantage.

It will be a healthy discussion in the selection room and during the committee member voting process on who the No. 1 seed is.

  • NDSU: 11-1 overall, 11-0 vs. the FCS, 5 currently-ranked wins, 2 Top 10 wins, No. 1 strength of schedule
  • MSU: 12-0 overall, 3 currently-ranked wins, 3 Top 10 wins, FBS win, No. 22 SOS

NDSU has been ranked No. 1 for most of this year, and the committee could have the same mindset as voters, similar to 2022.

Two years ago, Sac State had a better on-paper resume than SDSU, but SDSU, who was ranked No. 1 for most of the season, got the top seed. Sac State was 11-0 with an FBS win, four ranked wins, and the No. 4 SOS. SDSU was 10-1 overall, 10-0 vs. the FCS, three ranked wins, and the No. 5 SOS.

Seeds 3-4 behind NDSU and MSU would probably be SDSU and UC Davis, assuming they win on Saturday.

  • SDSU: 10-2 overall, 9-1 vs. the FCS, 9 D1 wins, 3 currently-ranked wins, 2 Top 10 wins, No. 3 SOS, FCS loss to NDSU
  • UC Davis: 10-2 overall, 10-1 vs. the FCS, 2 currently-ranked wins, 2 Top 10 wins, No. 15 SOS, FCS loss to MSU

Mercer, Idaho, or UIW could fight for the No. 5 seed after this.

With a loss, Montana would finish 8-4 overall/vs. the FCS with two currently-ranked wins. The Grizzlies will likely get a 9-16 seed and host a first-round game.

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With a loss, USD will be nervously wondering if it’ll get a first-round bye. The Coyotes would finish 8-3 overall with only seven D1 wins and zero currently-ranked victories. How does that stack up to other teams with nine or 10 D1 wins who are fighting for a Top 8 seed? USD’s No. 8 SOS could help its argument, and if it were to lose to NDSU, a close loss would be important for the “eye test” instead of getting blown out.

If Montana State & USD Win

Montana State should jump to the No. 1 seed at 12-0, three currently-ranked wins, three Top 10 wins, and an FBS win.

With a loss, Montana would finish 8-4 overall/vs. the FCS with two currently-ranked wins. The Grizzlies will likely get a 9-16 seed and host a first-round game.

Seeds 2-5 then get very interesting in this scenario. The committee would have to sort through these teams to seed behind Montana State (assuming SDSU and UC Davis win on Saturday):

  • UC Davis: 10-2 overall, 10-1 vs. the FCS, 2 currently-ranked wins, 2 Top 10 wins, No. 15 SOS, FCS loss to MSU
  • NDSU: 10-2 overall, 10-1 vs. the FCS, 4 currently-ranked wins, 1 Top 10 win, No. 1 SOS, FCS loss to USD
  • USD: 9-2 overall, 8-1 vs. the FCS, 8 D1 wins, 1 currently-ranked win, 1 Top 10 win, No. 8 SOS, FCS loss to SDSU
  • SDSU: 10-2 overall, 9-1 vs. the FCS, 9 D1 wins, 3 currently-ranked wins, 2 Top 10 wins, No. 3 SOS, FCS loss to NDSU


If Montana & NDSU Win

Montana should get into the Top 8 seeds at 9-3 overall/vs. the FCS with three currently-ranked wins, one Top 10 win, and the No. 18 SOS. The Griz would likely be in the 6-8 seed range.

NDSU should secure the No. 1 seed with a win and a Montana State loss. The Bison would be 11-1 overall, 11-0 vs. the FCS, five currently-ranked wins, two Top 10 wins, and the No. 1 SOS.

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Seeds 2-4 then get very interesting in this scenario. The committee would have to sort through these teams to seed behind NDSU (assuming SDSU and UC Davis win on Saturday):

  • UC Davis: 10-2 overall, 10-1 vs. the FCS, 2 currently-ranked wins, 2 Top 10 wins, No. 15 SOS, FCS loss to MSU
  • MSU: 11-1 overall, 11 D1 wins, 2 currently-ranked wins, 2 Top 10 wins, FBS win, No. 22 SOS, FCS loss to Montana
  • SDSU: 10-2 overall, 9-1 vs. the FCS, 9 D1 wins, 3 currently-ranked wins, 2 Top 10 wins, No. 3 SOS, FCS loss to NDSU

Mercer, Idaho, or UIW could fight for the No. 5 seed after this.

With a loss, USD will be nervously wondering if it’ll get a first-round bye. The Coyotes would finish 8-3 overall with only seven D1 wins and zero currently-ranked victories. How does that stack up to other teams with nine or 10 D1 wins who are fighting for a Top 8 seed? USD’s No. 8 SOS could help its argument, and if it were to lose to NDSU, a close loss would be important for the “eye test” instead of getting blown out.

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If Montana & USD Win

Montana should get into the Top 8 seeds at 9-3 overall/vs. the FCS with three currently-ranked wins, one Top 10 win, and the No. 18 SOS. The Griz would likely be in the 6-8 seed range.

Seeds 1-5 would be an absolute battle in this scenario. The committee would have to sort through these teams to seed the Top 5 (assuming SDSU and UC Davis win on Saturday):

  • UC Davis: 10-2 overall, 10-1 vs. the FCS, 2 currently-ranked wins, 2 Top 10 wins, No. 15 SOS, FCS loss to MSU
  • MSU: 11-1 overall, 11 D1 wins, 2 currently-ranked wins, 2 Top 10 wins, FBS win, No. 22 SOS, FCS loss to Montana
  • SDSU: 10-2 overall, 9-1 vs. the FCS, 9 D1 wins, 3 currently-ranked wins, 2 Top 10 wins, No. 3 SOS, FCS loss to NDSU
  • NDSU: 10-2 overall, 10-1 vs. the FCS, 4 currently-ranked wins, 1 Top 10 win, No. 1 SOS, FCS loss to USD
  • USD: 9-2 overall, 8-1 vs. the FCS, 8 D1 wins, 1 currently-ranked win, 1 Top 10 win, No. 8 SOS, FCS loss to SDSU

Uffda. Good luck!

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