State GOP to drop out of suit over closed primary

The Montana Republican Party has decided to drop out of a federal lawsuit meant to force the closure of the state’s primary elections.

County central committees, however, intend to continue pursuing the case.

The Executive Board of the Montana Republican Party has instructed attorney Jim Brown to file a motion for dismissal, according to board Chairman Jeff Essmann.

“The board’s decision was to dismiss the case without prejudice, which would not prevent future legal review of the issue if a legislative resolution of the issue does not occur in the meantime,” Essmann said. “We hope that all parties to the matter will agree that there is no need for the expense of a trial to be incurred at this point.”

In December 2015, U.S. District Judge Brian Morris ruled against issuing an injunction and closing the primaries in June. Morris, however, ruled that the case could go to trial. The injunction issue was pushed up to the U.S. Supreme Court, and the court requested additional information about the case but declined to take it up on March 23.

Though the state party is dropping out, eight of the 10 county central committees that are parties to the lawsuit intend to see it through, according to Bozeman lawyer and Republican legislator Matthew Monforton.

Monforton acknowledged that the chances of closing the primaries through the lawsuit are slim.

“Without having the state party participating in the appeal, our chances of victory are diminished,” he said.

Nonetheless, he said he believes it is an important case to see through.

“It’s the only way to stop Democrats and unions from getting their voters to cross over and vote for liberal candidates in Republican primaries,” Monforton said.

This June’s primaries will remain open even if the case proceeds to trial, Monforton said.

Essmann released a statement Wednesday afternoon indicating that one of the factors in the decision to seek a dismissal was the fact that there is a similar lawsuit pending in the 9th U.S. Circuit Court of Appeals that was filed by the Hawaii Democratic party. The statement indicated that the Montana party could file a friend-of-the-court brief in that case if it chooses to do so.

The Hawaii case will be heard in Portland on May 4. The tentative trial date for the Montana case is in September.

Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.