Sunday, April 12, 2015

Montana Republican Lawsuit on Open Primaries for Party Officer Elections


On April 10, the Montana Senate State Administration Committee passed HB 454 by 7-0.  The bill says parties no longer must elect precinct committeemembers in a primary.  Because Montana has open primaries, and because the Republican Party does not want non-members of the party helping to choose party officers, the party has a lawsuit pending in the Ninth Circuit to change the open primary, at least relative to elections for party officers.  But if HB 454 passes, the Republican Party can no longer argue that it is being forced to use an open primary for that purpose.

The bill was amended in the committee to provide that county central committees could appoint precinct representatives.

The district court in Montana denied summary judgement on the issue of party officers. That is what was appealed to the 9th Circuit.

The county central committee’s could always appoint people after the establishment of the committee.  The original bill had said the state party could appoint those members as well.  If this were to pass both state and local parties will have to re-write by-laws and rules to reflect the change.

This case shows why my idea of having a separate ballot for only party members to select party officers, county committees, and to support party issues, resolves this issue.   This also resolves open primary "Right of Association" issues.

CLICK HERE to read the bill (PDF).











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