A state judge Tuesday rejected a request by state Rep. John Ward, R-Helena, to delay printing of ballots in House District 84 while Ward challenges the validity of two other candidates.
District Judge Jeffrey Sherlock said he sees no legal basis to disqualify a newly named Democratic candidate in the race, and no need to delay the ballots while Ward's campaign complaint against the Republican nominee is processed.
"For this court to act as suggested by Rep. Ward would be for the court to become inappropriately involved in the election process, and deprive the people of the state of Montana of their fundamental right to vote for their representatives," Sherlock wrote.
Ward, who's running as a write-in candidate in the Helena-area district, said the ruling defies common sense. He said he hasn't decided whether to appeal to the state Supreme Court.
"I have an ongoing write-in campaign," he said. "I'm going to continue to believe in the people."
Ward is one of four candidates running in HD84, which has become an unexpected political battleground in state politics this year.
Usually a Republican-held seat, HD84 could now be a swing race, as Democrats say they have a chance to win because of the potential splitting of conservative voters among Ward, as a write-in, Republican nominee Mike Miller of Helmville and Libertarian Ron Vandevender of Cascade.
Miller narrowly defeated Ward in the June 3 Republican primary election, setting off a series of unusual events that have catapulted the race into the political spotlight.
Ward had been targeted for defeat by conservative Republicans, who accused him of siding with Democrats on key budget issues before the 2007 Legislature. Ward was among several House Republicans who broke with the party last year to help pass a state budget and break an impasse at the Legislature.
Ward also accused Miller of sending out information that lied about Ward's voting record, and filed a complaint with the Office of Political Practices.
Earlier this month, Ward also notified state election officials that the Democrat in the race, Wayne Lewis of Helena, didn't live in the district. Lewis was forced to withdraw.
Democrats last week then named a replacement for Lewis, Pam Ponich-Hunthausen of Helena.
That prompted Ward to file suit, arguing that Democrats couldn't replace a candidate who had never been qualified in the first place.
He asked Judge Sherlock to block printing of the ballots while that argument was settled in court. He also said the ballots shouldn't go forth until his complaint against Miller was resolved.
The ballot already has been certified by the secretary of state, and county election offices have until Sept. 19 to print the ballots.
Sherlock, however, declined Tuesday to issue an injunction blocking the process of certifying and printing ballots in HD84. He said there is no evidence that Ward would be damaged while the commissioner of political practices decided the complaint against Miller.
Sherlock also said state law allows replacement candidates to be named when someone withdraws, and that Ward cited no case law that shows Lewis, the original Democrat, was never a candidate.
Ward said Sherlock's suggestion that state law somehow requires that both major political parties be allowed to have a candidate in a legislative race is "flat untrue."
"That's pure baloney," Ward said. "I don't know how he can say that. This flies in the face of common sense. It's ridiculous."
Posted in State-and-regional on Wednesday, August 27, 2008 12:00 am
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