Procedural Win in Montana Green Party Ballot Access Case

On January 8, U.S. District Court Magistrate John Johnston denied the motion of the Montana Secretary of State to dismiss the lawsuit Montana Green Party v Stapleton, 6:18cv-87. The lawsuit was filed last year and challenges the unequal distribution requirement for the petition to create a new ballot-qualified party. The lawsuit also challenges the March 15 petition deadline for that petition. The state tried to get the case dismissed for various legal technical issues, rather than on the substance of the issues, but the case remains alive and a trial will be held.


Comments

Procedural Win in Montana Green Party Ballot Access Case — 4 Comments

  1. Of course the state would try to get it dismissed on claimed technicalities. They’ll lose when it comes to the substance of the issues if the judge hearing the case is fair and impartial.

  2. I would think that Evenwel v Abbott would apply to your argument that different house districts have different signature requirements. This is not at all comparable to Ogilvie.

    You could make the case that the use of the winning statewide gubernatorial candidate for the base is arbitrary and capricious. Calculate the number of signatures required in each house district if the Republican candidate had got 2% more votes and won. Some districts would require more signatures, and others less, topsy-turvy like.

    But even if the signature requirements were based on the total active electorate, essentially those who might sign a petition, the distribution requirement is inverted. If a party managed to meet reach the statewide requirement of 5000 signatures by collecting 50 signatures in EVERY district, they would meet the district requirement in ZERO districts.

    The Green Party concentrated on 47 of 100 districts, collecting almost 50% additional verified signatures above the statewide limit. And were told that there effort was too spread out.

    There is also the issue of collecting signatures from lots of small units is statistically more difficult. If you collect signatures at a Walmart on the boundary line between two districts, you could collect 100% of the total signatures needed collectively, but might get 102% of the needed signatures from one district and 98% of that needed from the other, failing due random luck.

  3. Montana should eliminate partisan nominations. If an individual candidate has the support of 0.1% of the total vote at the last gubernatorial vote they would qualify for the ballot. A statewide candidate would need 520 supporters. A representative candidate would need around 5 supporters, a senator around 10.

    This does not prevent groups of voters organizing political parties to recruit candidates, collect signatures, and otherwise supporting candidates. The only state regulation needed is to ensurance compliance with campaign finance laws.

    Election could either be by Top 2 or general election with a conditional runoff.

    This would also resolve the Montana Republican party lawsuit.

  4. ALWAYS changing numbers of Electors-Voters in ALL areas – precincts to nations.

    Evenwel – one more SCOTUS math morons op — to be over-ruled.

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