(TheIndependentStar.com) – In a notable legal victory for the Republican Party, Montana’s Supreme Court dashed the hopes of Democrats on Tuesday, confirming a lower court’s decision that allows a third-party candidate to remain on the ballot.
According to court documents, the Supreme Court supported the First Judicial District Court’s decision that Green Party candidate Robert Barb is eligible to participate in the 2024 Senate race.
In August, Democrats made a concerted effort to disqualify Barb by filing a lawsuit.
Their aim was to block the official certification of the general election ballot that included the Green Party’s Senate nominee, as first reported by The Daily Montanan, cited by The Daily Caller.
This legal challenge came amidst concerns for the re-election prospects of incumbent Senator Jon Tester, a Democrat, who polls suggest is at risk.
Tester faces competition from Republican Tim Sheehy, who currently leads 49% to 41% in the polls, according to a recent survey by AARP Montana.
The gap widens to 51% to 45% in Sheehy’s favor if no third-party candidates are included, the poll indicates.
The Montana Democratic Party (MDP) contested the initial decision of the First Judicial District Court which rejected their request for a “temporary restraining order and preliminary injunction” aimed at preventing Barb from appearing on the November ballot.
In a turn of events earlier this year, Michael Downey secured the Green Party nomination for Senate but withdrew on August 12, as stated in the lawsuit. Subsequently, the Green Party named Barb as the replacement nominee.
The MDP’s lawsuit argued that “Because the Green Party failed to timely appoint a replacement candidate in accordance with Montana law, no Green Party candidate for Senate may appear on the ballot for November’s general election.”
Furthermore, the lawsuit claimed Barb’s nomination did not meet legal requirements and would cause the Democratic Party to “divert staff time and resources” to bolster support for their candidate.
However, both the lower court and the Montana Supreme Court found no merit in these claims.
“MDP has not convinced us that the District Court erred in its rulings in its September 3, 2024 Order, although we reach the same result as that court under a different analysis,” the Supreme Court declared in its verdict.
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