Montana Supreme Court Rules Green Party Senate Candidate Can Appear on

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Montana’s Democratic Party filed a lawsuit contesting the nomination of candidate Robert Barb, on the grounds he was appointed, not nominated.

Montana’s Supreme Court ruled on Sept. 17 that Green Party candidate Robert Barb will be on the ballot for the Nov. 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 Aug. 12, the final day a candidate could withdraw without appearing on the ballot.

The state Supreme Court upheld the Sept.3 decision from a lower court, denying an injunction and allowing Barb to appear on the ballot.

The panel, consisting of Justices Dirk Sandefur, Laurie McKinnon, Beth Baker, Ingrid Gustafson, and Jim Rice, unanimously agreed that the MDP was unlikely to succeed on the merits of its argument for a preliminary injunction to block Secretary of State Christi Jacobsen from certifying the November ballot, which includes Barb.

“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 state’s Supreme Court panel wrote in its opinion on Tuesday. “Since we have not concluded that the District Court is proceeding under a mistake of law, this matter is not susceptible to writ of supervisory control.”

In the judgment, justices said that the MDP “failed to demonstrate that it is likely that the Montana Green Party violated its party ‘rules’ when its state central committee appointed Barb to fill the vacancy created by Downey’s withdrawal.”

The court agreed with the defendant’s argument that the Green Party bylaws are silent on how the party should replace a candidate who drops out, meaning the “allegation that the Montana Green Party failed to appoint Barb in accordance with its bylaws is merely speculative.”

The Green Party is also facing opposition to its candidates appearing on the Nevada ballot. The Nevada State Democratic Party filed a lawsuit in June to block the Green Party from the ballot, arguing that its candidates should be disqualified for using the wrong form when gathering ballot-access signatures from the public.

On Aug. 12, a state district court in Carson City rejected the Democrats’ claims based on state law, without addressing the federal issues. The Nevada Supreme Court reversed that decision on September 6, prompting the Nevada Green Party to petition the U.S. Supreme Court on September 13 to keep its candidates on the state ballot.

Mathew Vadum contributed to this report.