Democratic Party v. Stapleton

Opinion

MID AL 08/13/2020

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0396

DA 20-0396

FLED

STATE OF MONTANA,By and through its SECRETARY OF STATE, COREY STAPLETON, AUG 1 3 2020 Bowen Greenwood Clerk of Suprerne Court

Defendant and Appellant, State of Montana

v.

ORDER

MONTANA DEMOCRATIC PARTY,TAYLOR BLOSSOM,RYAN FILZ, MADELEINE NEUMEYER, and REBECCA WEED,individual electors,

Defendant and Appellant.

Lorrie Corrette Campbell and Jill Loven have moved to intervene in this appeal.

Campbell and Loven are Appellants in the relaied appeal, DA 20-0397. In our order of August 11, 2020, we deniècl consolidation of these appeals, given the different issues, but granted Campbell and Loven leave to appear as amici and, accordingly, to file briefing in this appeal, DA 20-0396, which they have now done. Campbell and Loven are signatories on petitions seeking to certify the Green Party on the ballot. They argue that intervention is necessary "because the Motion to Consolidate was denied, and proceeding in this appeal as amicus is not sufficient to protect the Intervenors' federal constitutional rights."

We acknowledge that intervention is permissible on appeal. However, the Court is here dealing with extraordinary circumstances involving two appeals, expedited briefing, and a very limited time for consideration and decision under election deadlines. While status as intervenors would normally grant Campbell and Loven an opportunity to file a reply brief, time does not permit additional briefing. The Court will carefully consider the arguments made by Campbell and Loven in their amicus brief. Therefore,

IT IS ORDERED the motion to intervene is DENIED. The Clerk is directed to provide a copy hereof to counsel ofrecord. DATED this i34 : day of August, 2020.

Chief Justice

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Justices