Serving the Flathead Valley & Montana since 2006. A reality based independent journal of observation & analysis. © James Conner.
At their 2014 convention, Montana’s Republicans quickly adopted a resolution calling for a closed primary and general election runoff. Now the party must find a way to convert the resolution into law — and the slow and careful approach of the party’s leadership is exasperating closed primary advocates such as Matt Monforton, who believes the best and fastest way to a closed primary is through a federal court.
Moreover, some of the party’s powerbrokers such as Errol Galt still think a top two primary is a better strategy, and seem to be conducting a rearguard action to stall the push for a closed primary. Montana’s GOP chairman, Will Deschamps, told NBCMontana reporter Colin Cashin that “…he wants to see what the legislature does, and what the governor thinks before suing in federal court.”
In an essay, Montana Gop Chairman Gives His Party the Finger, on his legislative campaign’s Facebook page, Monforton said:
As for a lawsuit, Montana GOP Chairman Will Deschamps told NBC yesterday (see attached) that the party must wait at least a year until the 2015 Legislative takes action on the issue. Which, of course, it won’t. Meanwhile, the resulting delay will likely destroy any chance of a successful lawsuit. Unlike wine, evidence in federal cases does not improve with age – memories fade, expert witness reports become harder to generate, and, as Lois Lerner has demonstrated, emails and hardrives disappear given enough time.
But Deschamps doesn’t care because he has no intention of honoring the resolutions his party approved almost unanimously on Saturday. Closed Republican primaries devoid of Democrat crossover votes are an existential threat to liberal candidates masquerading as Republicans. Deschamps and his liberal cohort know this. But they’ve chosen their own interests over the call of their party. A year from now when nothing has changed, they’ll concoct some other excuse for not seeking closed primaries.
Thousands of Montana Republicans watched helplessly two weeks ago as smug Democrats and teachers unions hijacked their primaries. And now the GOP’s feckless leaders are making sure it will happen again in the June 2016 primaries.
Monforton apparently was perturbed by this email exchange between Galt and Montana State Senate Majority Leader Art Wittich:
Art Wittich, 23 June 2014, 1649 MDT:
Folks
I just heard that Will told the press that our resolution to close the primaries means the ball is now in the legislature’s court.
We didn’t need to take any action this weekend to do that.
I may also remind you the legislators who expressed their opposition to this on Saturday will also prevent anything from passing in Helena, much less hope for a governor’s signature. Unless of course we give the Governor something for his signature (like more spending).
It was my understanding we were working on this so Matthew could file in federal court to get a ruling to strike down the statute on constitutional grounds and order the state (legislature) to close the primaries.
What am I missing?
Errol Galt, 24 June 2014, 0740 MDT: What am I missing?
Art,
I was involved with the call before the convention and with the entire process at the convention and I have a few comments. It is my understanding that a resolution does nothing to provide standing for a lawsuit and I certainly never agreed that Matthew would be representing the party in any lawsuit. Your resolution also included an “all of the above” approach to elections — top two, 50% with a runoff and closed primary. Some of the suggestions are in conflict with others.
The bylaw change that occurred at the State Central Committee Meeting before the platform convention convened may give the party the standing for a lawsuit. I don’t know if you were in the room when this passed unanimously without opposition but if you where you would have noted that this came as an attack against the Democrats not our fellow Republicans. It was also carefully explained by our legal council that this was not a rush to a lawsuit, it is simply another tool which may be used as we proceed with a variety of election options. As the person who submitted the rule change I certainly feel that there is no intention of doing anything before the general election and there is no rush after that.
At least a discussion and vote of the executive board must occur before the party is committed to any lawsuit, some may suggest that the entire central committee be involved with this big of an issue.
I had many discussions with a variety of people before, during and after the convention and I would say the consensus option would be a top two approach. You have my promise that we will proceed with a well thought out change in our election process and that we take the responsibility given us by the central committee very seriously.
None of this surprises me. Although an overwhelming majority of the delegates to the convention were steaming mad that Democratic crossover votes might have defeated tea party backed candidates Scott Boulanger (SD-43) and Mike Hebert (HD-11), I think the GOP leadership’s greatest concern remains finding a way to either keep third parties (especially Libertarians) off the general election ballot, or requiring a runoff in general election contests in which no candidate receives a majority. A top two primary is the most efficient way of keeping Libertarians off the ballot, and as a bonus probably assures that in some heavily Republican districts, the two who advance to the general election, will both be Republicans.
Going slow on the closed primary resolution makes a certain kind of sense, but it’s a dangerous tactic that could generate blowback, driving deeper the wedge between the GOP’s responsible Republican and tea party wings. Suing in federal court is also a slow process, so a possible compromise would be proceeding simultaneously on both the political and legal tracks. My guess is that nothing will be decided until after the election in November.