On December 10, the 9th circuit issued a 3-page memorandum in Kelly v McCulloch, 10-35174.  This is the case that challenges Montana ballot access laws for non-presidential statewide independent candidates, especially the March petition deadline, and also the law that requires approximately 10,000 signatures (even though new parties only need 5,000 signatures, and presidential independents also need 5,000 signatures).

The U.S. District Court had dismissed the case on February 3, 2010, saying none of the plaintiffs had standing.  But the 9th circuit recent order says voters, as well as candidates, have standing to challenge restrictive ballot access laws.  Therefore, the plaintiffs in this case do have standing.  The 9th circuit returned the case to the U.S. District Court for a ruling on the merits.  UPDATE:  on December 14, the mainstream Montana press finally reported on this news.  See this story.