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Several Montana Republican Party bylaw provisions designed to exert control over publicly elected officials are likely illegal, a Lewis and Clark County District Court judge ruled this week.
Judge Michael McMahon ruled Wednesday that the party likely went too far in requiring oaths and dues from elected officials while allowing only officers deemed in “good standing” to participate in party decision-making. Such rules cannot be applied to officials elected by the public, McMahon ruled.
McMahon issued an injunction against portions of the new bylaws, created in June, that appear to be in conflict with state law. Injunctions are issued when arguments are determined to be likely to prevail in a lawsuit. In this case, Republican Party members opposed to the bylaws have sued, arguing that they’re intended to drive nonconformists out of the party ranks.
McMahon had previously issued a temporary restraining order blocking implementation of the bylaws.
The plaintiffs are the Yellowstone County Republican Central Committee, the Choteau County Republican Central Committee, and individual committee members Jeff Essmann, Ted Kronebusch, James Wilson and state Rep. Brad Barker, R-Red Lodge.
At issue is the party’s approach to its core organizers, the voter precinct committeemen and committeewomen elected by the public in primary elections to perform jobs defined by state law. Committeemen and committeewomen form central committees, which turn the wheels of political party functions.
In a Thursday press release, the state Republican Party declared this week’s injunction a “major win” because portions of its new bylaws survived scrutiny. Specifically, McMahon agreed with the state party that it can decide who not to associate with. And it can set terms for not associating with Republican public officials, like state legislators.
The Montana GOP has a history of excommunicating elected Republicans it disagrees with, including former governors and state legislators. When it does so, it frequently advises the press to cease referring to elected Republicans as Republicans.
What the state party cannot do is strip the title “Republican” from elected officials or winning candidates in Republican primaries, McMahon ruled.
“The party keeps its internal club rules. It does not keep the power to stand between a Montana voter and the person that voter elected,” said Rep. Llew Jones, R-Conrad, a plaintiff, in a press release. Jones is one of several Republican legislators the party has declared to be no longer Republican.
The bylaws in question were approved with strong support by attendees of the June MTGOP platform convention. Attorneys for the party attempted to use that support to justify enacting the new bylaws. McMahon wouldn’t have it.
“It does not matter how many people pass a bylaw contrary to law. It is still illegal,” McMahon said.
The judge issued a preliminary injunction blocking the Republican Party from enforcing the new bylaws at least until the lawsuit brought by county-level party committees and elected officials is concluded.
Republicans are coming off a multimillion-dollar primary election battle between hardliners and pragmatists over legislative seats. The yearslong feud centers on who controls the state House and Senate. Hardliners have the numbers to control the majority caucus in each legislative branch, but pragmatists have successfully collaborated with minority-party Democrats and Republican Gov. Greg Gianforte to prevail on priority laws and the state budget.
The judge sided with MTGOP on matters that don’t concern publicly elected officers, including whether the party wants to associate with elected Republicans who engage in bipartisanship. Voters, McMahon said, might take issue with candidates more loyal to MTGOP than to the public.
A week earlier, two state district courts and the Montana Supreme Court rejected a reinterpretation of term limits intended to remove two key bipartisan Republicans from the Legislature. Republican Attorney General Austin Knudsen had issued the reinterpretation at the request of Senate President Matt Regier.
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