BOZEMAN — Two men have filed a federal complaint saying that unlike major party candidates, they would have to quickly gather thousands of petition signatures to run for Montana’s U.S. House seat in a special election in May.
The complaint by Thomas Breck of Missoula and Steve Kelly of Bozeman argues state law makes it nearly impossible for minor-party and independent candidates to qualify for special election ballots. The complaint was filed Wednesday in U.S. District Court in Missoula and names Secretary of State Corey Stapleton as the defendant, The Bozeman Daily Chronicle (bit.ly/2mURqSx) reports.
Breck and Kelly are asking a federal judge to declare that Montana’s special election ballot-access law for independent and minor party candidates is unconstitutional, to prevent Secretary of State Corey Stapleton from enforcing the law and to order that their names appear on the ballot. They also filed a motion seeking a decision before the April 10 deadline by which ballots must be printed. The case has been referred to U.S. Magistrate Judge Jeremiah Lynch.
When U.S. Rep. Ryan Zinke resigned his House seat to become the U.S. Interior Secretary, Gov. Steve Bullock ordered a special election to take place 85 days later, on May 25.
The Republicans named Greg Gianforte as their candidate while the Democrats chose Rob Quist. The Libertarian Party named Mark Wicks as their candidate to replace Zinke.
The Green Party named Breck as its candidate for the special election and Kelly sought to run as an independent. However, candidates from parties that do not receive at least 5 percent of the vote in one of the previous two general elections must collect voter signatures to get on the ballot.
Breck and Kelly would have had just days to gather the signatures of more than 14,200 registered voters from around the state in order to submit signatures by the deadline — which is 82 days before the special election, the complaint charges.
They submitted their names to the secretary of state’s office as candidates without voter signatures and have not been notified that their names will be on the May 25 ballot, the complaint states.
Morgan Williams, the communications director for the Secretary of State’s office, said Thursday that Stapleton is upholding state law. She declined further comment.
The complaint also lists Danielle Breck as a plaintiff who says as a Green Party member she wants the opportunity to vote for Thomas Breck in the special election.