Montana Democratic Party Files 119-Page Brief in Lawsuit Over Whether Green Party Should be on Ballot

On August 12, the Montana Democratic Party filed this 119-page brief in Davis v Stapleton, 6:20cv-62. This is the case over whether it violates due process for Montana to remove the Green Party from the ballot. On August 14, U.S. District Court Judge Dana Christensen gave permission for the Democratic Party to intervene in the case.


Comments

Montana Democratic Party Files 119-Page Brief in Lawsuit Over Whether Green Party Should be on Ballot — 8 Comments

  1. NOOOOO time mention in the DP in the 5 and 14-1 Amdts.

    DP — one more UN-con excuse for judic legislation.

  2. in 2016, Trump carried Montana by a large margin. Is there any chance it would even be close in 2020?

  3. WalterZiobro, I believe it could be much closer, yes. I don’t think Biden has a realistic chance of winning the state unless we get into landslide territory, but I think it could tighten to within a ten point margin, and I think the Senate candidate, Steve Bullock, has a realistic shot at winning.

  4. @WZ,

    The Democrats are concerned about the US Senate race.

    @Ryan,

    Most of the brief is appendices, including the very long state court opinion. I suspect that the state district court judge let Perkins Coie write “his opinion”.

    The federal court brief does not address the key due process issue, whether signature withdrawals made after a party has qualified to have a primary, and even after the primary has occurred and been counted, can prevent the nominees from being on the general election ballot.

    Montana permits withdrawal from initiative petitions up until the final action by the SOS before they appear on the general election ballot – when the petition is certified.

    There are no statutes regarding withdrawal from party petition. But the judge “reasoned” that the equivalent final action would be when the party nominees are certified for the general election ballot.

    This totally ignores that certification can not occur without a canvass; that a canvass can not occur without a primary; that a primary can not occur without voters voting; voters can not vote without ballots; ballots can not be printed without candidates; there are no candidates unless they file; candidates can not file unless the party is qualified; and the party can not be qualified without a petition.

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