The Montana Supreme Court on Tuesday dashed Democrats' hopes of barring third-party candidates from the election.
The Supreme Court agreed with the First Judicial District Court's ruling allowing Green Party candidate Robert Barbe to remain on the ballot for the 2024 U.S. Senate election. According to In court documents.
Democrats rushed to remove Barb from the ballot by filing a lawsuit in August, trying to block the Green Party's Senate candidate from appearing on the ballot in the first place. The Daily Montanan reported: Reported. (Related article: Republican state senators could tip the balance of power in Washington DC)
The latest polls show Tim Sheehy leading incumbent Senator Jon Tester. If Republicans win this election, they will take control of the US Senate. Go Montana!
pic.twitter.com/xhgOctUQ93— Chad Prather (@WatchChad) September 14, 2024
Democrats have nominated incumbent Senator Jon Tester as their candidate, but opinion polls show his chances of victory remain uncertain.
Tester is being challenged by Republican Tim Sheehy, who is leading the Senate by 49% to 41%. According to According to a new poll by AARP Montana.
In the absence of a third-party candidate, Sheehy leads Tester 51% to 45%, according to the poll.
The Montana Democratic Party (MDP) challenged the First Judicial District Court’s initial decision denying a “temporary restraining order and preliminary injunction” to bar Barb from voting in the general election.
In June, Michael Downey was selected as the Green Party candidate for the Senate, but withdrew from the race on August 12. Litigation. (Related: Cook Political Report has more bad news for vulnerable Democratic senators)
The Green Party later nominated Barb as its candidate.
“Because the Green Party failed to timely nominate an alternative candidate in accordance with Montana law, the Green Party candidate for the U.S. Senate seat cannot run in the November general election,” the MDP argued in the lawsuit.
The MDP also argued that Barbe's appointment violated statutory requirements and that his nomination would force the MDP to “divert staff time and resources” to persuade voters to support Democratic candidates.
Both the lower courts and the Montana Supreme Court disagreed. (Related article: Democrats to monitor third-party candidates' ballot access activities to save Biden)
“Although MDP reached the same conclusion as the district court using a different analysis, it does not persuade us that the district court erred in its September 3, 2024 order,” the court said in its ruling.
