Montana independent candidate survives challenge as Democrat rival drops lawsuit

Independent U.S. House candidate Eisenhauer spent $143k to get signatures to make ballot, got endorsed by Democrat former Sen. Tester

Dr. Michael Eisenhauer became frustrated with ever-shifting government policies that make it hard to practice medicine, especially new policies that are making care scarce in rural areas that dominate the vast state of Montana.

Eisenhauer quit his cardiology practice so he could run for Congress full-time, hoping to win office and fix these barriers that face his fellow Montanans. He chose to run as an independent because “an independent representative is better positioned to be a problem solver, as opposed to being part of the problem.”

His stances and campaign attracted interest by former Sen. Jon Tester, who endorsed Eisenhauer for Montana’s District 2 U.S. House seat. 

The independent candidate learned that it takes far more work to run without a political party behind him, and it costs far more money to get onto the Montana ballot. He cleared one hurdle after another.

His reward? A last-minute lawsuit filed Sept 8 by his Democrat opponent Brian Miller, challenging the validity of signatures gathered by a contractor. This came despite the signatures had been thrown out and not counted, and that he had ample valid signatures. 

The lawsuit fell apart when Miller did not arrive in time for Sept. 14 hearing in a state district court in Helena, and Judge Michael McMahon vacated the hearing. Miller opted to stop any further actions. 

At the start of his race, Eisenhauer started gathering signatures with 40-50 volunteers. He realized quickly he’d never reach the required 7,274 signatures without hiring contractors who specialize in gathering signatures. The problem came from one contractor who is now under investigation for collecting fraudulent signatures for him and another candidate.

“So I did hire a petition-gathering company who brought teams in and ultimately we were able to get that done, but that process also ended up costing $143,000 just to be able to qualify for the ballot. That literally was the price of admission to participate in the election cycle as a House district candidate,” Eisenhauer said in an interview with Ballots Without Barriers.

“Yeah, it’s absurd.”

His opponents from political parties - including the candidate who filed a lawsuit to throw Eisenhauer off the ballot - only paid $1,740, which all candidates pay. 

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. It has turned into an unfair advantage. 

Republican incumbent Rep. Troy Downing is expected to win in Montana’s District 2, which is currently rated safe Republican seat by Cook Political Report, Decision Desk, Inside Elections, and Sabato’s Crystal Ball. 

Regardless of Eisenhauer’s finish in the race, he is winning on the issue of helping clear the path for independents to run.

“Both Republican and Democratic leaders in Montana have recognized that there needs ot be a change in how we do this,” he said.

“We’re excited about being able to take that forward and potentially building an organization to support independent candidates in Montana, and there’s interest on both sides. We even have state party chairwomen and chairmen who have approached us, saying that there needs to be a new pathway.”