On September 17, the Montana Secretary of State filed this brief in the ballot access case Montana Green Party v Stapleton, 6:18cv-87. This is the case that challenges the March petition deadline for newly-qualifying parties, and the distribution requirement that requires unequal numbers of signatures from at least 34 state house districts. The case was filed in 2018 and is still in U.S. District Court.
Montana’s distribution requirement is unique in history. It is the only distribution requirement that is based on units of equal population (state house districts), yet which requires varying numbers of signatures from each district. In some districts as few as 55 signatures are needed; in others, as many as 150. The state’s brief does not really grapple with why the number of signatures required should vary at all, much less by a ratio of 1:3.