A reality based independent journal of observation & analysis, serving the Flathead Valley & Montana since 2006. © James Conner.

2 January 2015

Flathead Republicans join lawsuit to force closed primaries

State Representative-elect Matt Montforton (R-Bozeman) announced today that five more Republican county central committees, including Flathead County, have joined his lawsuit to close Republican primaries to all but registered Republicans. He said he expects more county central committees to join the lawsuit before the Montana GOP convenes on 10 January to consider the issue. Montforton’s full press release is below.

Meanwhile, Sen. Fred Thomas (R-Stevensville) has requested a bill, LC0137, with the short title of “Referendum to provide top two primary in certain elections.” The 2013 Legislature approved a top two primary referendum, SB-408, that the Montana Supreme Court kicked off the 2014 general election ballot for having too long a title. Presumably, Thomas’s top two referendum will have a title of legal length.

How top two and closed primaries differ. A top two primary replaces partisan primaries with a single open primary that places only the two candidates receiving the most votes on the general election ballot. As a practical matter, the top two would keep Libertarian candidates off the general election ballot. That, Republicans believe, would prevent Democrats from winning by pluralities, as did Jon Tester in 2006 and 2012, and Steve Bullock in 2012. A closed primary would not limit the number of candidates on the general election ballot. It’s purpose, rather, is keeping Democrats and independents from voting in Republican primaries.

Legal experts I’ve consulted are split in their assessment of the legal merits of Monforton’s closed primary lawsuit. A different question is whether having open or closed primaries should be a political matter that’s decided by the legislature or through a plebiscite, but not by the courts. My preference: make the decision through the political process.

Monforton press release

Five More County GOP Central Committees Join Lawsuit For Constitutional Primaries Conducted in Accordance With the First Amendment In September 2014, five (5) county Republican central committees sued the State of Montana in order to end Democrats’ abuses of Montana’s “open” primary law and disruptions of Republican primary elections. Today, five (5) additional central committees joined that lawsuit:

  • Flathead County Republican Central Committee
  • Richland County Republican Central Committee
  • Carbon County Republican Central Committee
  • Madison County Republican Central Committee
  • Big Horn County Republican Central Committee

These committees join county Republican central committees from Ravalli, Sanders, Dawson, Gallatin and Stillwater, bringing the total to ten (10) county Republican central committees that are plaintiffs in the lawsuit, with more expected to join in the next few weeks.

These committees are advancing the Montana Republican Party’s declaration — adopted almost unanimously during the state party convention in Billings last summer — calling for constitutional primaries run in accordance with the First Amendment’s right of association. They look forward to the Montana Republican Party following through with its commitment to constitutional primaries made last summer and joining the committees’ efforts when it convenes in Helena on January 10, 2015.

Montana’s open primary system is a relic that has languished for over a century. By contrast, 35 states have, over the years, established fair and honest primary elections by which members of a political party can select the party’s nominee without interference from non-party members. Montana’s farcical primary elections have enabled Democrats to crossover into Republican primaries and defeat Republican candidates who campaign on the principles of faith, family, and freedom enshrined in the Republican Party’s platform.