Judge: Ballot Access Barrier in Montana Special Election is Unconstitutional

Judge: Ballot Access Barrier in Montana Special Election is Unconstitutional
Published: 12 Apr, 2017
1 min read

Independent and minor party candidates in Montana were handed a bittersweet victory in their bids to replace former Congressman Ryan Zinke.

On April 8, Federal Judge Brian Morris ruled against Montana Secretary of State Cory Stapleton, finding that the signature requirement placed on non-major party candidates "severely burdens the constitutional rights of ballot access for independent candidates and minor party candidates."

Green Party nominee Thomas Breck, independent candidate Steve Kelly, and Green Party voter Danielle Breck sued the secretary of state last month, challenging the state's unreasonably high signature requirement for ballot access in Montana's upcoming special election.

From Judge Morris' decision:

“The Court determines that Montana’s 5 percent signature requirement for a special election severely burdens the constitutional rights of ballot access for independent candidates and minor party candidates. The state’s interest in seeking to impose order on the election process must give way to a candidate’s right to ballot access in light of the truncated timeframe to gather signatures, the prohibitive costs of such a concentrated signature gathering process, and the other unique problems posed by special elections.”

Plaintiffs were granted an injunction which reduced the required signatures from over 14,000 to 400. However, according to the Independent Record, it appears unlikely that Breck and Kelly will appear on the May 25 special election ballot.

Breck, the Green Party's nominee, submitted nearly 600 signatures Monday and has appealed to the Ninth Circuit Court of Appeals. He told KGVO he plans to run as a write-in candidate in any event.

Read Judge Morris' decision:

Photo Credit: Susan Schmitz / Shutterstock.com

You Might Also Like

New IVP 2026 California Governor Poll: What the Toplines Don’t Tell You
New IVP 2026 California Governor Poll: What the Toplines Don’t Tell You
Using verified California voter file data, IVP surveyed high-propensity voters from February 13 through 20. The poll tested first-choice ballot preferences alongside issue intensity on affordability and the cost of living, immigration enforcement, more choice reform, and more....
23 Feb, 2026
-
10 min read
81% of Americans Say Money Controls Politics – Can a Constitutional Amendment Fix It?
81% of Americans Say Money Controls Politics – Can a Constitutional Amendment Fix It?
Polls consistently show that nearly all Americans across the political spectrum agree that there is too much money in politics – whether from foreign sources, corporations, or so-called “dark money” groups. ...
23 Feb, 2026
-
13 min read
10 Reasons Why the Congressional Stock Trading Ban Will Never Pass
10 Reasons Why the Congressional Stock Trading Ban Will Never Pass
The overlap between committee assignments and stock ownership is not automatically illegal. Because the current legal framework permits this proximity as long as disclosure rules are followed, lawmakers are not operating under a system that forces change....
20 Feb, 2026
-
4 min read