Montana Green Party v. Christi Jacobsen

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MONTANA GREEN PARTY; DANIELLE No. 20-35340

BRECK; CHERYL WOLFE; HARRY C.

HOVING; DOUG CAMPBELL; STEVE D.C. No. KELLY; ANTONIO MORSETTE; 6:18-cv-00087-

TAMARA R. THOMPSON; ADRIEN BMM

OWEN WAGNER,

Plaintiffs-Appellants,

OPINION

v.

CHRISTI JACOBSEN, in her official capacity as Secretary of State for the State of Montana, Defendant-Appellee.

Appeal from the United States District Court for the District of Montana Brian M. Morris, District Judge, Presiding

Argued and Submitted May 6, 2021 Portland, Oregon

Filed November 8, 2021 Before: William A. Fletcher and Michelle T. Friedland, Circuit Judges, and Frederic Block,* District Judge.

Opinion by Judge W. Fletcher

SUMMARY**

Civil Rights

The panel affirmed in part and reversed in part the district court’s summary judgment in favor of the Montana Secretary of State in an action brought by the Montana Green Party and eight registered voters seeking declaratory and injunctive relief against certain provisions of Montana’s primary ballot access scheme.

Montana law offers two methods for a…