Local Republican Central Committee to continue the battle
By Michael Howell
U.S. District Court Judge Brian Morris on Monday, May 2, dismissed the lawsuit that was filed by the Montana Republican Party and ten county GOP central committees seeking to have Montana’s open primary law declared unconstitutional. The state party backed out of the case after a series of rulings by the court that were discouraging. Morris denied the request for summary judgment by all parties and ordered a trial. He also denied a request to issue a preliminary injunction that would close the June 7 primary elections.
The Republicans argued in the suit that open primaries in Republican dominated voting districts lead to “cross-over” voting in which people who are not a member of the party vote in the Republican primary in order to ensure that more moderate candidates are selected. They consider it a violation of their members’ constitutional right of assembly by denying their right to choose their own party representative in the elections.
In dismissing the suit Morris found that the state had not provided enough evidence to prove that enough cross-over voting exists in Montana to change the outcome of a primary election.
The state party and the county committees filed separate motions to dismiss the case. The state asked for dismissal without prejudice leaving open the opportunity that they may file again in the future if further evidence is obtained. But most of the county central committees involved in the suit plan to continue their appeal of Morris’ previous decisions in the case to the 9th Circuit Court of Appeals.
According to attorney for the central committees Mathew Monforton, “The state party has abandoned the case, but eight out of the ten county central committees will continue the appellant process.” Those county central committees include the Ravalli County Republican Central Committee as well as those in Gallatin, Sanders, Dawson, Carbon, Flathead, Madison and Stillwater counties.
Terry Nelson, Chairman of the Ravalli County Republican Central Committee, is a strong supporter of the lawsuit. “How would you like it if you were a member of a private group and people who are not members got to come in and decide who would represent your group?” He said it violates a person’s constitutional right to free assembly.
Nelson, who owns and operates Applebury Survey and serves as Director of the Ravalli County Planning Office, is also a candidate for Governor and is running against Greg Gianforte in the primary.
Nelson told members of the local North Valley Pachyderm Club last week that what he learned while playing football in his younger days is being put into practice in his candidacy for governor. He said he learned the value of competition between teammates and between teams and the difference between the two. He recalled how his competition with another teammate made both better players. But when it came to facing another team they “knew who the real enemy was.” He said he was going to give it his best against Gianfporte, but if he loses the primary he will do his best to see that Gianforte gets elected.
Niki Sardot, Nelson’s running mate for Lieutenant Governor, told the Pachyderms that she supports the transfer of public lands to the states. She said that she fights Agenda 21 (a 1992 United Nations document advocating worldwide sustainable development that has since been alleged by some to be a conspiracy for UN world control) wherever it shows up.
She said if she and Nelson get elected, “you’ll see (federal government) departments disappear and we will fight for state’s rights.”