Lewis and Clark County, Mont. – Wednesday, a Montana District Court Judge ruled that the new Montana Republican Party (MTGOP) bylaws relating to precinct committee members are illegal and issued a preliminary injunction against the state party.
The ruling made clear that the MTGOP does not have the legal authority to remove precinct committee members or dictate who can serve on a precinct committee when those committee members are elected by the people. “It does not matter how many people pass a bylaw contrary to law; it is still illegal,” said the judge in his ruling.
“This is a victory for the rule of law and for the hardworking committeemen and committeewomen who are the grassroots foundation of the Republican Party in Montana,” said Representative Brad Barker, a Republican legislator and plaintiff in the case. “No pay-to-play. No loyalty pledges. No party veto over election results they don’t like. In our representative republic, the voters get the final say, not party bosses.”
In June, the MTGOP adopted a package of new bylaws including requiring a twenty-dollar annual payment and a signed loyalty pledge from anyone who wants to serve as a precinct committee member and the ability for the state party to remove precinct committee members it deems not in “good standing.” This is a blatant attempt at top-down control from the state party and a violation of the sovereignty grassroots Republicans hold over the direction of the Republican party in Montana.
“Power rests with the people. We agree overwhelmingly with the judge who reminded the MTGOP and its leaders today that ‘popular sovereignty percolates up from the people, rather than flowing down from a party-appointee,’” said Barker.
