On March 3, the Ninth Circuit refused to issue an injunction, stopping the 2016 open primary for the Montana Republican Party. It would have been surprising if the Ninth Circuit had granted the injunction, because there is no method currently to know who the Republican Party members are. However, in theory, the legislature could be called into special session to enact either a top-two primary, a closed primary for parties that want one, or a law letting a qualified party nominate by convention for all partisan public office.
The party had filed its lawsuit in 2014, seeking a ruling that if it doesn’t wish to nominate its candidates for public office in an open primary, it should not be required to do that. The U.S. District Court had ruled that the party hadn’t submitted enough evidence to show that the open primary causes it harm. The party is asking the Ninth Circuit to reverse that finding, and the oral argument for that is set for May 4. But in the meantime, the party wanted the 2016 open primary halted. In the Ninth Circuit, the case is Ravalli County Republican Central Committee v McCulloch, 15-35967.
On March 11, the party asked the U.S. Supreme Court to stop the Republican primary. Here is that filing. Thanks to Rick Hasen for the link.
The Republicans in effect want to continue taking our money for their closed primaries. They don’t want our votes.
It is more sinister than that. In 2013 the Republicans in the Montana legislature passed a top-two proposed constitutional amendment, and said the voters should vote on top-two in 2014. This Republican Party lawsuit is a sneaky attempt to again push a top-two system. The first attempt didn’t work because the State Supreme Court ruled the measure was flawed and removed it from the ballot.
The top two wouldn’t address the idea of Dems voting Republican.
You’re right. The whole lawsuit is hypocritical.
http://leg.mt.gov/bills/2005/billhtml/HB0490.htm
In 2005 Montana Legislature they heard HB 490 for closed primaries. It was defeated in the House on second reading by a vote of 30 – 70. The issue has been round for a while. One of the problems in 2005 I think was where would the independents vote if we had a closed primary. HB 490 was sponsored by a Republican.
I think you will find there is a lot more of Ravalli County insider politics (depending on who are actually the insiders in the Ravalli Republican Party) in the current lawsuit.
The Top 2 proposal was in response to the results of statewide elections. It could have put in statute except they were facing a filibuster by Democrats, and didn’t have the votes to overturn a veto by the Democratic governor.
I don’t see why anyone would favor restricting a voter from voting for local offices, simply in order to participate in state or federal elections.