Montana Bill Advances, Would Moot Republican Lawsuit on Open Primaries for Party Officer Elections

On April 10, the Montana Senate State Administration Committee passed HB 454 by 7-0. The bill says parties no longer must elect precinct committeemembers in a primary. Because Montana has open primaries, and because the Republican Party does not want non-members of the party helping to choose party officers, the party has a lawsuit pending in the Ninth Circuit to change the open primary, at least relative to elections for party officers. But if HB 454 passes, the Republican Party can no longer argue that it is being forced to use an open primary for that purpose.

The bill was amended in the committee to provide that county central committees could appoint precinct representatives. Thanks to Mike Fellows for this news.

U.S. District Court Won’t Enjoin Utah Election Law that Lets Candidates Appear on Primary Ballots Even if they Lack Support at Caucus

On April 10, U.S. District Court Judge David Nuffer refused to enjoin a Utah law that permits candidates to appear on a primary ballot even if they did not have significant support at the party’s caucus. Utah Republican Party v Herbert, 2:14cv-876. Although the constitutionality of the law has not been decided, it will remain in effect while the case proceeds. The Constitution Party is a co-plaintiff with the Republican Party. Thanks to Rick Hasen for this news.