Judge: Ballot Access Barrier in Montana Special Election is Unconstitutional

image
Alex GauthierAlex Gauthier
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

Proposition 50 voter guide
California Prop 50: Partisan Power Play or Necessary Counterpunch?
November 4 marks a special election for what has become the most controversial ballot measure in California in recent memory: Proposition 50, which would circumvent congressional districts drawn by the state’s independent redistricting commission for a legislative-drawn map....
01 Oct, 2025
-
9 min read
court gavel.
Virtual Discussion: The Fight for Equal Independent Voting Rights Makes it to SCOTUS
Every major voting rights movement in U.S. history – whether successful or not – has intertwined with landmark litigation. This was the case for women’s suffrage. It was the case for civil rights. And it is the case in the ongoing effort to protect the right of all voters to have equal participation in taxpayer-funded elections – something millions of independent voters are denied across the U.S....
29 Sep, 2025
-
2 min read
Supreme Court building
SCOTUS Considers Challenge to Closed Primaries -- Here's Why It Is Such a Big Deal
In a dramatic step forward for litigation challenging closed primaries, the U.S. Supreme Court has indicated they are going to conference to discuss whether to grant a writ of certiorari to Polelle v. Florida Secretary of State; a case challenging Florida's closed primaries that Open Primaries has supported since its inception....
26 Sep, 2025
-
2 min read