Montana
Montana Supreme Court denies Democratic Party's request for control of Green Party case • 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.
The denial of the writ does not outright put an end to the Democratic Party’s case; it has 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. Barb is the lone third-party candidate on the ballot alongside Democratic U.S. Sen. Jon Tester and Republican Tim Sheehy.
But the court panel wrote in its opinion Tuesday that it would “reach the same result as that court under a different analysis.”
In a statement, Jacobsen said she was happy with the court’s decision and that her office had followed the law when it certified the November ballot to include Barb’s name.
“I’m pleased that the Supreme Court unanimously rejected this hail Mary attempt to undermine Montana election law,” she 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.”
The Democratic Party’s attorney had argued in the request for supervisory control that McMahon had incorrectly interpreted statute that involves how a party replaces a candidate on the November ballot when the primary winner drops out of the race or dies prior to the election.
Green Party U.S. Senate primary winner Michael Downey dropped out of the race on the final day he was allowed to, and the party appointed Barb as his replacement just ahead of Jacobsen’s deadline to certify the November ballot. The Democratic Party sued, arguing the party did not follow its bylaws in accordance with the law that concerns how parties replace their candidates.
Lewis and Clark County District Court Judge Kathy Seeley originally granted a temporary restraining order less than an hour after Jacobsen certified the ballot, but after hearing arguments from the three sides in a preliminary injunction hearing a week later, McMahon vacated the restraining order and denied the Democratic Party’s request for a preliminary injunction.
Attorneys for the Democratic Party, Jacobsen and Barb all filed briefs with the court during the past week and a half, and a five-justice panel unanimously decided Tuesday not to grant the writ or preliminary injunction requested by the Democrats.
Much of the argument has involved the words “appointment” and “nomination,” where they are contained in various election and candidate statutes, and whether the Green Party properly followed the law in replacing Downey with Barb.
The court panel found the Legislature had made different procedures for challenging nominations than for appointing a replacement candidate. It also found that interpreting a section of law as requiring a party who wants to challenge the appointment of a replacement candidate to wait until after certification “would be at odds with allowing ballots to be printed and distributed in a timely fashion.”
“Although such would not be an absurd result, it would not give effect to the purpose of the statute, which in part requires political parties to comply with their own bylaws in appointing replacement candidates in the event of the death or withdrawal of a nominee after the primary election,” the court wrote.
But it found that the Democratic Party had not established that it is likely to succeed on the merits of its request for a preliminary injunction, for which four factors need to be met in order for one to be granted.
The court also agreed with the state’s argument that the Democratic Party’s contention that Barb was not appointed in accordance with the Green Party’s bylaws was “merely speculative.”
“MDP has thus failed to demonstrate that it is likely that the Montana Green Party violated its party ‘rules’ when its state central committee appointed Barb to fill the vacancy created by Downey’s withdrawal,” the court wrote.
The panel ruled that while it disagreed with McMahon’s application of a portion of state law, the Democratic Party did not establish it was likely to succeed on the merits.
“MDP has not convinced us that the District Court erred in its ruling in its Sept. 3, 2024 Order, although we reach the same result as that court under a different analysis,” the court wrote. “Since we have not concluded that the District Court is proceeding under a mistake of law, this matter is not susceptible to writ of supervisory control.”
Barb’s attorney, Rob Cameron, said he and his client felt the court got the decision correct that the Democratic Party was not entitled to an injunction.
“We’re gratified and encouraged by the Supreme Court’s prompt ruling here. Of course we agree that the Supreme Court got it right on the law, and that was the important issue – that the Democratic Party did not meet its initial burden of proving a likelihood of success on the merits of the case,” he said.
Cameron said he views the separate appeal as essentially moot because of the time that has passed and the state laws requiring county election officials to mail out ballots to overseas and military voters by Sept. 20 this year.
A spokesperson for the Democratic Party did not respond to a question of whether the party would continue with the appeal.
Robyn Driscoll, chairperson of the Montana Democratic Party, said the party would focus on educating voters about Barb, whom the party contends is a Republican who swore to run as a Green Party candidate in an attempt to sway the Senate race between Tester and Sheehy.
“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,’” Driscoll said in a statement. “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.”
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HELENA — When President Donald Trump announced a plan last week to import more beef from Argentina, it drew quick criticism from ranchers in Montana. Now, Montana’s members of Congress say they’re pushing the administration to change course.
U.S. Sen. Steve Daines told MTN he quickly began hearing from Montanans in the cattle business after reports came out about Trump’s plan.
“The word I would describe is they feel betrayed,” he said.
(Watch the video to hear more reaction from Montana’s congressional delegation.)
Montana’s congressional delegation pushing back on plan to import beef from Argentina
Daines said Montana beef producers have already been under pressure from drought and market forces. He said this step was “an unforced error” by the administration.
All four members of Montana’s congressional delegation are Republicans. They all say the Republican president’s plan was the wrong direction and that they’ve made that case when speaking with administration leaders.
U.S. Rep. Ryan Zinke, who represents Montana’s western congressional district, says he understands why Trump wanted to tackle high beef prices, but that this wasn’t the right way for him to do it.
“Having a healthy cattle industry, having a healthy poultry industry and having a healthy supply chain for food is really national security,” he told MTN. “So he understands that, and I think we’re going to see some action in making sure or calming a lot of the fears from the cattlemen out there.”
Earlier this year, Daines visited Argentina and met with its conservative president, Javier Milei, during a South American tour advocating for Trump’s trade policies. He said his opinions on the country and its government don’t play any role in his feelings on this proposed deal.
“I don’t care if this is Argentinian beef or beef coming from anywhere else in the world,” he said. “The answer for what’s going on right now in the markets is not to import more beef – bottom line. It doesn’t matter where it comes from; it happens to be Argentina.”
Daines said it would be better for Montana’s cattle industry for the U.S. to focus on opening export markets rather than import markets. In 2017, Daines celebrated an agreement that led to China buying millions of dollars in Montana beef – but he said Thursday that the country has shut the doors to American beef during the ongoing trade dispute with the Trump administration.
“We were shipping over $1 billion a year in beef last year, and now it’s gone to zero,” he said.
In a statement to MTN, Sen. Tim Sheehy said he’s been talking with Trump and his team, looking for a path forward.
“Empowering hardworking ranchers who feed America and lowering prices for American families at the grocery store are not mutually exclusive,” he said. “Both can be accomplished by lowering input costs and providing a reliable, pro-growth environment for producers so ranchers can grow their operation, capture more of the value they create, and feed the nation with affordable, healthy, high-quality beef.”
Zinke and Daines say they also see areas where the federal government can make moves that will benefit both Montana ranchers and Montana consumers. Daines wants Congress to do more to tackle the huge market share four large packing companies have in the beef industry – a situation he calls a “monopoly.”
“Our ranchers don’t set the price; that price is set for them,” he said.
Zinke wants to put additional emphasis on country-of-origin labeling for beef.
“In Montana, we have a brand and that brand has value,” he said. “When it’s made in Montana, you know it’s at the top, the quality is there. And our ranchers sell premium product – that’s important.”
Daines said he supports country-of-origin labeling also, though he wants to make sure any additional steps the U.S. takes doesn’t lead to unintended consequences or retribution from countries like Canada.
WESTERN MONTANA — Here’s a look at Western Montana’s top news stories for Wednesday.
The University of Montana removed Business Professor Anthony Richard Pawlisz from faculty after he was charged with criminal endangerment in Ravalli County court. Pawlisz allegedly pulled a gun on a man and fired a shot into the air after a fight outside of a bar in Florence on Aug. 17, according to court documents. His former class will continue under Professor Udo Fluck. (Read the full story)
Nathaniel Luke Smith pleaded guilty to disorderly conduct on Monday after posing a threat to Mission High School on Oct. 8, which prompted increased police presence while classes continued. Smith is also serving a three-year deferred sentence for intimidation from an incident in November 2024. (Read the full story)
Montana Governor Greg Gianforte said he will not be using state funds to temporarily cover SNAP benefits for nearly 78,000 enrolled Montanans if federal funding runs out on Nov. 1. Amidst a government shutdown, he said it’s a federal responsibility — despite calls from Democrats and food banks to use leftover state money. (Read the full story)
Democrats torn between progressive fire and centrist caution as November elections loom
Blue city repeat offender accused of metal pipe rampage just days after release
The N.Y.C. Marathon Celebrity Quiz: Can You Guess the Fast and Famous?
Detroit diner Rose’s Fine Food is back, and it feels like a homecoming
Waymo pledges donation after beloved San Francisco corner store cat struck, killed
Florida High School Football Rankings: Top 25 teams – Oct. 21
How old is Bo Nix? What to know about Oregon quarterback ahead of 2024 NFL Draft
Cleary's 21 help Le Moyne down Central Connecticut State 69-64 in OT
99th annual Pony Swim held in Virginia
Video: ‘It Didn’t Have to Happen This Way:’ U.Va. Faculty Call for Review of Police Response to Protests
Video: Mamdani Leads in Latest Polls
Fox News Politics Newsletter: 2025 Election Day survival guide
Merz urges deeper ties with Turkey despite disagreements on Gaza
Trump says he wants to resume nuclear testing. Here’s what that would mean
Tracking U.S. Military Killings in Boat Attacks
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