2 independent candidates in Montana sued by Democrat running against House candidate
Independent House, Senate candidates qualified without disputed signatures

A Democrat candidate for U.S. House filed a last-minute lawsuit against one of his opponents – an independent whose petition signatures already were validated – because of accusations that a paid contractor gathered illegitimate signatures.
“I have a high degree of confidence, as I have already been reassured by the secretary of state and county election officials that there is no suspicion of wrongdoing on our campaign,” said Michael Eisenhauer to The Billings Gazette. “If there was a problem with our campaign, we would have known about it by now.”
Democrat opponent Brian Miller filed a lawsuit on Sept. 8 in Lewis and Clark County, challenging signatures that a contractor gathered on behalf of the campaigns of Eisenhauer and independent Senate candidate Seth Bodner.
The Cascade County Attorney’s and Sheriff’s office are investigating reports that a petitioner – an independent contractor – gathered about 800 signatures that Miller described as potentially fraudulent. Neither campaign faces allegations of wrongdoing.
Those disputed signatures were not counted toward the numbers the candidates needed, or 7,274 for Eisenhauer and 13,327 for Bodner. Miller argued that all signatures gathered by the disputed petitioner be thrown out.
Independent candidates need voter signatures that equal or exceed 4 percent of the vote for the previous winning candidate for that office; Republicans, Democrats, and Libertarians choose candidates in primary elections and do not need signatures.
Ballots cannot be changed. They went to the printer on Sept. 9, early voting starts Oct. 6, and Election Day is Nov. 3. Instead, Miller is calling on the judge to invalidate any votes for Eisenhauer or Bodner.
Montana’s District 2 is currently rated solid or safe Republican seat by Cook Political Report, Decision Desk, Inside Elections, and Sabato’s Crystal Ball.
Former U.S. Sen. Jon Tester, a Democrat, endorsed independents Eisenhauer and Bodner, who’s currently polling second of four candidates for Montana’s open U.S. Senate seat.
Ballots Without Barriers is beginning the fight in Montana to lower the signature requirements for independent and third-party candidates and reduce the vote threshold political parties must meet to maintain ballot access. A recent poll found that 42% of Montana voters identify as independent, highlighting the importance of ensuring the state’s ballot-access laws provide a realistic path for candidates outside the two major parties. If you live in Montana and would like to join our on the ground team click here.



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