Montana
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.”
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.
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.
“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.
Although newly minted GOP candidates for the U.S. House and U.S. Senate have garnered heavyweight endorsements, the Montana Republican Party said Thursday it won’t throw its support behind any candidates for federal office in the primary.
“The Montana Republican Party (MTGOP) stands behind its deep bench of qualified candidates seeking to represent Montanans and supports a competitive primary process to let voters pick their preferred candidates,” the Montana GOP said in a news release Thursday.
Monday, U.S. Rep. Ryan Zinke announced he was retiring due to health concerns once his term ends, and he immediately tapped talk-show host Aaron Flint as his preferred successor in Congress.
Secretary of State Christi Jacobsen and Flathead County Republican Central Committee Chairperson Al Olszewski also filed for the U.S. House as Republicans, as did Ray Curtis of Bonner.
Wednesday, U.S. Sen. Steve Daines withdrew, and in a statement the same night, announced an endorsement of former U.S. Attorney Kurt Alme, who had filed the same day.
In the Senate, Lee Calhoun and Charles Walking Child also filed to run in the Republican primary.
Endorsements for Flint and Alme cascaded. U.S. President Donald Trump endorsed both candidates, and U.S. Sen. Tim Sheehy and Gov. Greg Gianforte threw their weight behind Flint and Alme.
Late on Wednesday, the Montana GOP did not immediately have comment on the news Daines, Montana’s senior U.S. senator, had resigned, but Thursday, the party thanked Zinke and Daines for their service.
A news release said the party would not endorse any candidates in the federal primary and would leave the job in the hands of voters.
“The party hopes every candidate will make their case to the public, contrasting their Republican policies and principles with those of Democrats — as well as phony ‘Independents,’” the news release said.
Former University of Montana President Seth Bodnar announced a run for the U.S. Senate as an independent this week.
A tension within the Republican party has emerged in recent years between hardline conservatives and more moderate members, and some legislative primaries illustrate the split.
This week, the state GOP said the number of primaries for state legislative seats shows a high interest from Montanans who want to serve the state and pass Republican policy, and the MTGOP “is glad to see so many Republicans being called to public service.”
In a brief call, MTGOP spokesperson Ethan Holmes said the party had not ruled out endorsements in legislative primaries.
In the news release, however, the MTGOP offered its view of the larger political debate.
“Montana voters know that beyond the primaries, there is a clear choice between Republican and Democratic governance; one path leads to lower taxes, less crime and stronger families, and the other leads to higher taxes, more crime, and social decay,” MTGOP Chairperson Art Wittich said in a statement.
The news release also said the state GOP is working “tirelessly to deliver a Bright Red Future” at both the state and federal level and looks forward to help candidates whom voters select win in November.
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at March 4, 2026, results for each game:
Winning Powerball numbers from March 4 drawing
07-14-42-47-56, Powerball: 06, Power Play: 4
Check Powerball payouts and previous drawings here.
Winning Lotto America numbers from March 4 drawing
33-38-39-47-51, Star Ball: 07, ASB: 02
Check Lotto America payouts and previous drawings here.
Winning Big Sky Bonus numbers from March 4 drawing
01-07-08-27, Bonus: 12
Check Big Sky Bonus payouts and previous drawings here.
Winning Powerball Double Play numbers from March 4 drawing
05-10-26-53-59, Powerball: 06
Check Powerball Double Play payouts and previous drawings here.
Winning Montana Cash numbers from March 4 drawing
03-04-06-08-10
Check Montana Cash payouts and previous drawings here.
Winning Millionaire for Life numbers from March 4 drawing
12-13-36-39-58, Bonus: 03
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the Montana Lottery drawings held?
- Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Mega Millions: 9 p.m. MT on Tuesday and Friday.
- Lucky For Life: 8:38 p.m. MT daily.
- Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
- Big Sky Bonus: 7:30 p.m. MT daily.
- Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Montana Cash: 8 p.m. MT on Wednesday and Saturday.
- Millionaire for Life: 9:15 p.m. MT daily.
Missed a draw? Peek at the past week’s winning numbers.
This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.
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