Montana Supreme Court Rules Green Party Senate Candidate Can Appear on Ballot

The Montana Democratic Party took legal action against the nomination of candidate Robert Barb, arguing that he was appointed rather than nominated. The state Supreme Court ruled on Sept. 17 that Barb will be on the ballot for the Nov. 5 election, rejecting the Democratic Party’s challenge. Barb, who replaced Senate primary winner Michael Downey, finished second in the Green Party primary for the U.S. Senate. The court upheld the decision to allow Barb on the ballot, stating that the Democratic Party was unlikely to succeed in blocking Secretary of State Christi Jacobsen from certifying the November ballot. The court found that the Green Party’s bylaws were silent on how to replace a candidate who drops out, making the claim that Barb was not appointed according to the bylaws speculative. The Green Party is also facing opposition in Nevada, where the State Democratic Party filed a lawsuit to disqualify Green Party candidates from the ballot. The Nevada Supreme Court reversed a decision in favor of the Green Party, leading to a petition to the U.S. Supreme Court to keep their candidates on the ballot.

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