The Latest: Dems’ case against Greens stays in state court

HELENA, Mont. – The Latest on a lawsuit over Montana Green Party ballot access (all times local):

1:55 p.m.

A federal judge has rejected a request by the Montana Green Party to hear a case by Democrats that seeks to remove the Green Party from the 2018 election ballot.

Green Party attorney Quentin Rhoades filed a motion Friday asking that a federal judge preside over the case that challenges the legality and validity of signatures gathered to qualify the party.

The Montana Democratic Party filed an emergency motion Monday morning asking U.S. District Judge Susan Watters to return the case to District Court in Lewis and Clark County.

Watters ordered the case remanded to state court hours later.

District Judge Kathy Seeley, who heard arguments in the case last week, will now ask another judge to accept the case.

1:20 p.m.

A federal judge has rejected a request by the Montana Green Party to hear a case by Democrats that seeks to remove the Green Party from the 2018 election ballot.

Green Party attorney Quentin Rhoades filed a motion Friday asking that a federal judge preside over the case that challenges the legality and validity of signatures gathered to qualify the party.

The Montana Democratic Party filed an emergency motion Monday morning asking U.S. District Judge Susan Watters to return the case to District Court in Lewis and Clark County.

Watters ordered the case remanded to state court hours later.

It’s not clear now who will hear the case. Arguments began last week before District Judge Kathy Seeley and the hearing had been scheduled to continue on Monday.

___

10:30 a.m.

Green Party officials are asking a federal judge to preside over a legal challenge over whether the party qualifies for Montana’s elections.

State Democratic Party officials who are trying to remove the Green Party from the ballot are contesting attorney Quentin Rhoades’ attempt to move the Democrats’ lawsuit out of state court and into federal court.

The Democrats allege that at least 210 of the more than 7,000 voter signatures on the Green Party’s petition that qualified the party for the ballot are invalid, enough to disqualify the Green Party and their six candidates.

Rhoades says the case belongs in U.S. District Court because the legal challenge is a question of the Green Party’s rights under the U.S. Constitution.

Democratic Party attorney Mike Meloy says the issue is a matter of state law and should be heard in a Montana court.