Montana‘s Supreme Court has ruled that ballot/” title=”Pennsylvania Judge Bars Cornel West from Pennsylvania Ballot”>Green Party candidate Robert Barb will be on the ballot for the November 5 election, rejecting a legal challenge from the state’s Democratic Party. The Montana Democratic Party (MDP) sued Montana Secretary of State Christi Jacobsen and the Montana Green Party in August, contesting Barb’s candidacy after he replaced Senate primary winner Michael Downey. MDP argued that Barb was appointed rather than nominated.
Barb finished second in the Green Party primary for the U.S. Senate, behind Downey, who dropped out of the race on August 12, which was the final day a candidate could withdraw without appearing on the ballot.
The state Supreme Court upheld a lower court’s decision from September 3, denying an injunction and allowing Barb to appear on the ballot. The panel unanimously agreed that MDP was unlikely to succeed in its argument for a preliminary injunction to block Secretary of State Christi Jacobsen from certifying the November ballot.
“In its opinion on Tuesday, our panel wrote that MDP has not convinced us that there was an error in its rulings,” stated Montana’s Supreme Court panel. “Since we have not concluded that there is a mistake of law, this matter is not susceptible to writ of supervisory control.”
The court also agreed with defendants’ argument that there were no party ‘rules’ violated by appointing Barb as per their bylaws since they are silent about replacing candidates who drop out.
In addition to facing opposition in Nevada where their candidates are being challenged by Democrats over using incorrect forms when gathering signatures for ballot access, it seems like it will be an uphill battle for Green Party candidates this election season.
