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Montana Supreme Court denies Democratic Party's request for control of Green Party case • Daily Montanan

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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.

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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.

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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.

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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.”

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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.

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“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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Montana transgender lawmaker on Capitol Hill's bathroom ban: 'Do not cede ground'

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Montana transgender lawmaker on Capitol Hill's bathroom ban: 'Do not cede ground'


The question of who uses which bathroom on Capitol Hill has become a heated topic ahead of the 119th U.S. Congress convening next year.

This debate was sparked by the historic election of Sarah McBride, a transgender woman, to represent Delaware in Congress. In response, Rep. Nancy Mace (R-S.C.) introduced a resolution aiming to require transgender individuals to use bathrooms corresponding to their sex assigned at birth.

Democratic state Rep. Zooey Zephyr, the first transgender woman in Montana’s state legislature, understands what it feels like to be singled out.

She joined Scripps News on Friday to weigh in on the controversy unfolding in D.C.

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“It’s important to acknowledge that while these attacks on transgender people are always brought one bill at a time, they do not focus on specific issues,” Zephyr said. “The hate of trans people is boundless. We saw that when Nancy Mace went on far-right media earlier this week and claimed that it was ‘offensive’ that Congresswoman McBride views herself as an equal to Nancy Mace.”

“When we see policies targeting trans women just trying to live their lives in the restroom, trying to play sports with their friends — that is not where the hate stops from the right,” Zephyr said. “That hate is on display at every moment, which is why it’s important for us to resist these efforts to target our community.”

In 2023, Republican lawmakers in Montana voted to ban Zephyr from the House floor and from participating in debates after she spoke out against a bill banning gender-affirming care for minors. The incident led to legal challenges over Zephyr’s censure and to political activism from supporters of transgender rights.

“The attacks we see on trans people will escalate. This will not be the last attack on Congresswoman McBride,” Zephyr said. “In my perspective, it is important that we make sure as trans people in this country that we do not cede ground to someone who wants to erase us — regardless of whether they want to erase us in the Capitol, or if they want to erase us as we go through our daily lives in public. We have to stand strong.”

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Rep. Nancy Mace to introduce bill on restroom use tied to sex at birth

In an interview with Scripps News this week, Mace said her resolution was specifically targeted at Rep.-elect McBride, who stated she will “follow the rules as outlined” even if she disagrees with them.

“I’m not here to fight about bathrooms,” McBride said. “I’m here to fight for Delawareans to bring down the costs facing families.”

Despite McBride’s statement, Mace said her effort to ban transgender individuals from certain bathrooms extends beyond Washington. She is advocating for legislation requiring transgender people to use restrooms that align with their sex assigned at birth on any property receiving public funds.

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“I have PTSD from the sexual abuse I have suffered at the hands of a man. We have to as women draw a line in the sand, a big fat red line, about our rights,” Mace said. “And the basic question today is, do women have rights or do we not? And I will tell you just the idea of a man in a locker room watching me change clothes after a workout is a huge trigger and it’s not OK to make and force women to be vulnerable in private spaces.”

RELATED STORY | As House GOP targets McBride, she says ‘I’m not here to fight about bathrooms’





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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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Hevenn Vanh

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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