On April 8, a potential independent candidate filed a federal lawsuit against the Montana ballot access law for independent candidates (for office other than president). Kelly v Johnson, cv 08-25. Steve Kelly would like to be an independent candidate for U.S. Senate this year. In 2007 the legislature moved the petition deadline from June to March. The same bill provided that independent candidates must also pay a large filing fee. Even under the old law (as well as the new law), a U.S. Senate independent candidate this year needs 9,992 valid signatures. The combination of the large number of signatures, the early filing deadline, and the fee, prompts the lawsuit. Oddly, ever since 1999, presidential independents, and new parties, only need a flat 5,000 signatures.
Had the Green Party collected the 5,000 signatures for a political party, Kelly would be running as a Green. Kelly has run on the Democrat and Republican ticket in the past. A political party still needs .05-percent of the total in the last governor’s race or 5000 signatures. And as I read Montana law there is a provision for hardship cases on the filing fee.
13-10-203. Indigent candidates. If an individual is unable to pay a filing fee, the filing officer shall accept the following documents in lieu of a filing fee:
(1) from a successful write-in candidate, a verified statement that he is unable to pay the filing fee;
(2) from a candidate for nomination, a verified statement that he is unable to pay the filing fee and a written petition for nomination as a candidate that meets the following requirements:
(a) contains the name of the office to be filled and the candidate’s name and residence address;
(b) contains signatures numbering 5% or more of the total vote cast for the successful candidate for the same office at the last general election;
(c) the signatures are those of electors residing within the political subdivision of the state in which the candidate petitions for nomination; and
(d) the signatures have been certified by the appropriate election administrator by the procedure provided in 13-27-303 and 13-27-304.