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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It’s a dream matchup, with No. 1 seed Montana State considered a slight favorite over No. 2 seed North Dakota State heading into the 2024 FCS championship game. As they build off rousing semifinal-round wins, we preview what to expect when each finalist has the ball.
If it feels like Montana State and North Dakota State are standing in opposite corners staring across at each other, you have it right.
The 2024 FCS championship game is a heavyweight bout between the top two seeds from an original 24-team field that embarked on the Road to Frisco.
Come the night of the Jan. 6 at Toyota Stadium in Frisco, Texas, Montana State (15-0) will have spent over two months as the FCS’ last unbeaten team. But the No. 1-seeded Bobcats’ last defeat occurred against NDSU – a 35-34 overtime thriller in the 2023 playoff second round.
The No. 2-seeded Bison (13-2) are back where most of their recent seasons have gone. They’ve already captured nine FCS championships prior to their 11th appearance in Frisco since the 2011 season – both all-time highs for the Division I subdivision.
A tale of the tape suggests a lot with this season’s FCS championship game. Maybe Michael Buffer should be brought in for pregame introductions.
When Montana State Has the Ball
Incredibly, the Bobcats have scored in 54 of their 60 quarters this season while averaging an FCS-high 41.3 points per game. They want to pound the run – plain and simple.
Coach Brent Vigen’s squad ranks No. 2 in the FCS in rushing yards per game (301.0), with their devasting attack set up by an offensive line whose five starters are all listed as being at least 6-foot-4, 300 pounds (right tackle Marcus Wehr is a two-time first-team All-American).
North Dakota State rarely surrenders 85 rushing yards to an opposing quarterback, but that’s what Tommy Mellott needs for the Bobcats to gain a third 1,000-yard rusher along with their standout running backs, the physical Scottre Humphrey (1,360 yards, 15 touchdowns) and the big-play Adam Jones (1,134, 14). Mellott has 15 career games of 100+ rushing yards, including in their last two playoff wins.
Ty McCullouch is by far Montana State’s top pass catcher over his two seasons in the program, but fellow wide receiver Taco Dowler has been the go-to target of Mellott (2,564 yards, 29 TDs to just two interceptions) during the playoffs, catching four touchdowns across the three wins.
The NDSU program has long subscribed to the concept that field goals won’t beat it, and the Bison have done well to defend their red zone, allowing touchdowns on just 57.9% of their opponents’ opportunities.
The defense, anchored by tackle Eli Mostaert, allows 119.3 rushing yards per game. The Bobcats, though, have been over 200 rushing yards in each of their playoff wins.
When North Dakota State Has the Ball
NDSU’s offense is different in coach Tim Polasek’s first season from many recent years.
Oh yes, the Bison still flex their muscle with a ground game that’s paved by a huge starting offensive line (it’s a little bigger than Montana State’s, with tackles Grey Zabel and Mason Miller as anchors).
But Bison quarterback Cam Miller, whose 44 career wins as a starter include against the Bobcats in the 2021 FCS championship game, has set career highs in most passing statistics, including completions (239), completion percentage (72.6), passing yards (3,052) and TD passes (31).
NDSU’s 225.9 overall passing yards per game mark their highest average since 2007 and are nearly 26 more per game than in any other season since then. The breakout season of wide receiver Bryce Lance (66 receptions, 964 yards, NDSU-record 16 TD catches) has contributed significantly to it happening.
Make no mistake, the Bison’s 192.7 rushing yards per game are excellent, ranking 20th out of 129 FCS teams. However, in a program that’s been ground and pound over time, it’s the lowest average since the first FCS title season in 2011.
A recent toe injury has slowed top rusher CharMar Brown (1,104 yards, 14 TDs), but Barika Kpeenu has over 1,200 yards the last two seasons and Miller’s been over 500 rushing yards in three straight seasons.
NDSU’s six turnovers are the fewest in the FCS, but Montana State’s defense is disruptive. Half of the Bobcats’ 36 sacks have come in their last five games – defensive ends Brody Grebe and Kenneth Eiden IV have a combined for 16.5 this season – and 12 different players have at least one takeaway.
And Then There’s the FCS National Awards
Montana State and North Dakota State also will see a lot of each other at the Stats Perform FCS National Awards Banquet – two nights before the FCS championship game.
Vigen will receive the Eddie Robinson Award as the FCS coach of the year and Brown will receive the Jerry Rice Award as the FCS freshman player of the year (Jones was second in the voting). Additionally, the Walter Payton Award for FCS offensive player of the year is down to Mellott, Miller and Southern Utah running back Targhee Lambson.
Top Photo: Montana State vs. NDSU in 2023 FCS playoffs. (Garrett Becker/MSU Athletics)
Follow all of our FCS football coverage, including on X, Facebook, Instagram and Bluesky.
BOZEMAN, Mont. — With eight and a half minutes left in the second quarter, Tommy Mellott — aka Touchdown Tommy, aka The Boy From Butte — ran a quarterback draw straight up the middle, dodging several South Dakota defensive players.
Just a few yards from the end zone, Touchdown Tommy elevated like a Marvel superhero and dove for the goal line. A South Dakota defender upended his legs, flipping Mellott, who landed on the turf just shy of scoring.
On the next play, Mellot handed off to Scottre Humphrey for the go-ahead score Saturday in the FCS semifinals at Bobcat Stadium, putting the home team up 21-14. The Cats never looked back as they punished the Coyotes with physical play on defense and magical moves by Mr. Mellott.
Mellott went on to lead the undefeated Bobcats to a 15th straight victory 31-17 over South Dakota and a trip to the FCS national championship game Jan. 6 in Frisco, Texas.
Four MSU teammates with Wyoming roots will be with Mellott playing for the title.
Meanwhile on the South Dakota sideline, Garrett Coon of Sheridan wore shorts and a sweatshirt during the unseasonably warm game. He didn’t dress out in Bozeman, but his brother Colson on the opposite MSU sideline did.
Along with Coon, Montana State boasts three other players who played high school football in Wyoming.
These supporting cast members in the Tommy Mellott show include Dane and Brock Steel, also both from Sheridan, and Jake Vigen, son of MSU Head Coach Brent Vigen, who spent seven years as an assistant coach at the University of Wyoming in Laramie.
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MSU transfer, current South Dakota player and former Sheridan Bronc Garrett Coon did not dress for the game against his former team, missing the chance to blast down the sideline past his brother, MSU running back Colson Coon. (David Madison, Cowboy State Daily) -
Laramie’s loss, Bozeman’s gain: No. 44 Jake Vigen left Laramie High to play for Gallatin High School in Bozeman. He’s now a sophomore defensive end playing for his father’s undefeated Bobcats. (David Madison, Cowboy State Daily) -
Coach Brent Vigen, former assistant at the University of Wyoming, is beloved in Bozeman. (David Madison, Cowboy State Daily) -
Sheridan product Dane Steel is a freshman wide receiver for Montana State. His brother Brock is a sophomore defensive back. (David Madison, Cowboy State Daily) -
A sold out crowd packed the parking lot around Bobcat Stadium before the semifinal showdown with South Dakota. Ryan Harris, Montana State University class of 2011, made the trip up from Golden, Colorado, and brought a hat made with a real bobcat pelt. (David Madison, Cowboy State Daily) -
A sold out crowd packed the parking lot around Bobcat Stadium before the semifinal showdown with South Dakota. (David Madison, Cowboy State Daily) -
Drum Major Major Dani Espiritu led Montana State’s Spirit of the West Marching Band throughout the spirited game. (David Madison, Cowboy State Daily)
Looks Like An Average Guy
Mellott stands a modest 6 feet tall, weighs 208 pounds and looks like the living cliché of the nice boy next door.
But on the field, the pride of Butte High School is a cold-blooded offensive assassin.
Now preparing for the final game of his college career, Mellott continues to rack up the accolades.
He was named Big Sky Conference Offensive MVP and a top three finalist for the Walter Payton Award. Coming into the game against South Dakota, Mellott led the nation in points responsible for (246) and passing efficiency (183.21).
Mellott has thrown 259 passes, completing 182 for 2,430 yards and 28 touchdowns on just two interceptions. Mellott also has rushed for 790 yards with 14 rushing touchdowns. His 8.6 yards per carry would lead the nation if he qualified for that NCAA stat, according to the American Football Coaches Association.
He squats as much as an offensive tackle and can outrun some FCS receivers. He’s well-known around Montana, but one of the most under-the-radar football talents now catching the attention of NFL scouts.
“Tommy Mellott, a dual-threat quarterback from Montana State, has emerged as an intriguing prospect for the NFL Draft,” reports nfldraftbuzz.com. “He ranks seventh in Montana State history with 2,474 career rushing yards and is tied for third with 29 rushing touchdowns. His passing ability has also improved, accumulating 3,241 career passing yards, good for 10th in school history. In 2023, Mellott was named Second Team All-Big Sky and won the FedEx Ground Doris Robinson Scholar-Athlete Award, showcasing his academic prowess as a financial engineering major.
“In the 2021 playoffs, he became the first player to catch, throw, and rush for a touchdown in the first 16 minutes of a game against Sam Houston State.”
Mellott’s size could limit his opportunities as an NFL QB, but he might turn heads as a Wes Welker- or Julian Edelman-style slot receiver at the next level.
On To Frisco
The Bobcats will carry a lot of emotion into the national championship game vs. North Dakota State in Frisco, Texas.
Coach Vigen played for the Bison, then started his coaching career in Fargo. North Dakota State is also Montana State’s biggest rival after the Grizzlies at the University of Montana.
That’s because the Bison have trampled the Bobcats five times, ending their seasons and leaving hoofprints all over their game plans for a national championship.
But now a former Bison is leading the Cats as Montana State, powered by Mellott, competes for its first title since 1984.
David Madison can be reached at david@cowboystatedaily.com.
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