Barb finished second in the Green Party primary for the U.S. Senate, behind Downey, who dropped out of the race on Aug. 12, the final day a candidate could withdraw without appearing on the ballot.
The state Supreme Court upheld the Sept.3 decision from a lower court, denying an injunction and allowing Barb to appear on the ballot.
The panel, consisting of Justices Dirk Sandefur, Laurie McKinnon, Beth Baker, Ingrid Gustafson, and Jim Rice, unanimously agreed that the MDP was unlikely to succeed on the merits of its argument for a preliminary injunction to block Secretary of State Christi Jacobsen from certifying the November ballot, which includes Barb.
“MDP has not convinced us that the District Court erred in its rulings in its September 3, 2024 Order, although we reach the same result as that court under a different analysis,” the state’s Supreme Court panel wrote in its opinion on Tuesday. “Since we have not concluded that the District Court is proceeding under a mistake of law, this matter is not susceptible to writ of supervisory control.”
In the judgment, justices said that the MDP “failed to demonstrate that it is likely that the Montana Green Party violated its party ‘rules’ when its state central committee appointed Barb to fill the vacancy created by Downey’s withdrawal.”
The court agreed with the defendant’s argument that the Green Party bylaws are silent on how the party should replace a candidate who drops out, meaning the “allegation that the Montana Green Party failed to appoint Barb in accordance with its bylaws is merely speculative.”
