Two Candidates Sue Montana Over Ballot Access Rules for Special U.S. House Election

On March 22, two candidates who want to be on the ballot in the special U.S. House election in Montana filed a federal lawsuit, charging that the state’s ballot access law as applied to them is unconstitutional. The vacancy was caused when Congressman Ryan Zinke resigned on March 1. On the same day, the Governor set the special election to replace him for May 25. The Secretary of State then said that any candidate who wasn’t the nominee of a ballot-qualified party needed 14,268 valid signatures by March 3. Later the Secretary of State said the deadline is March 6. Such candidates also need to pay a filing fee of $1,740, unless they show they are paupers.

The case is Breck v Stapleton, 9:17cv-36. The two candidates are Thomas Breck, who identifies with the Green Party; and Steve Kelly, an independent. The case is assigned to Judge Dana L. Christensen, an Obama appointee. Here is the Complaint. UPDATE: here is the Bozeman Daily Chronicle story about the lawsuit.


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