Montana GOP Doubles Down on Blocking New Delegates to State Convention
The new rule from the Montana GOP violates state law and disenfranchises local parties, but MT GOP Executive Director says GOP lawyers okayed it
A spark has been lit and a fire is kindling. Yes, a fire! Why a fire? Because, should it continue, it could consume an entire state political party, or at least those within said party, that are desperately clinging to power. The party I speak of is the Republican Party here in Montana.
The first spark of this fire occurred in July of 2022, when the MT GOP adopted a “New Rule” intending to change all the Republican Central Committees’ County Convention schedules from the traditional first quarter of the year, to the fourth quarter of the year, in odd-numbered years. This move blocks local parties from selecting newly elected delegates to this year’s state convention. As with many sparks, this one laid low, smoldering.
Then as the State Convention grew near, I, being curious, disturbed the area where this spark was hiding. Poof! The smoldering spark gained oxygen. The oxygen was in the form of a letter I sent to the MT GOP. This letter pointed out that the “rule” adopted by the MT GOP in July of 22 was in direct violation of Montana State Law.
This spark soon became a flame that has the potential to do real damage to the MT GOP. How, you ask? Because, believe it or not, there are many true, law-abiding, God-fearing, honest American Republicans in this state who believe that state laws supersede rules adopted by mere leaders of any political party. A view obviously not shared by the MT GOP.
Here is the response from the MT GOP to all Chairs of Republican central committees throughout the state. Apologies for the “legalese” contained herein used to justify their claim that they are above the law:
Date: Thu, Mar 16, 2023 at 2:48 PM
Subject: Interpretation of Rules and Montana Code
Good afternoon Republican Central Committee Chairs,
I know there have been questions circulating around whether the MTGOP Bylaws violate Mont. Code Ann. § 13-38-205. To get to the bottom of this, I asked the MTGOP’s legal counsel to dig into the matter for us and determine whether or not this was the case. The findings have determined that MTGOP bylaws DO NOT violate Mont. Code Ann. § 13-38-205.
The MTGOP may not enact rules that conflict with Montana law. However, § 13-38-205(6) states that county conventions shall elect delegates to the state convention under the rules of the state party. The rule at issue governs when county central committees are to hold their county conventions. Because the statute allows MTGOP to make rules governing county conventions, the subject rule does not conflict with the statute.
Reading the entire statute in context and in relation to other statutes in Title 13, Chapter 38, it is clear that the term “committee,” as used in § 13-38-205(1), refers to the state central committee. Section 13-38-205(6), on the other hand, governs county conventions. This provision states that county conventions must elect delegates to the state convention under the rules of MTGOP. Therefore, county central committees must follow the 2022 Rule. To the extent there is any question about whether delegates elected prior to the adoption of the rule are valid delegates, it is reasonable to presume that the county central committees were aware of and intended for delegates and county central committee officers elected at the prior convention to serve through the next regularly scheduled county convention, to be held between August 1, 2023, and November 1, 2023. The rule is clear and unambiguous, and therefore its intent can be derived from its plain language.
Therefore, the 2022 Rule does not conflict with the requirements of Mont. Code Ann. § 13-38-205.
Thank you,
Danielle
Danielle Tribble
Executive Director
Montana Republican Party
1300 Aspen Street, Ste. B
Helena, MT 59601
Yep, nothing to see here. Move along, move along.
Curiously, MT GOP executive director Danielle Trimble stated it was “reasonable to presume” that delegates chosen last year, before the rule change was even voted and approved, knew that they were being elected for last years convention and now (after this rule change) this years convention.
I know I am not making friends in the GOP here. My integrity is more important than what people say. Besides, I’m already unpopular with the “establishment” members of our local Central Committee.
Here is the applicable MCA (emphasis added):
13-38-205. Organization and operation of committee.
(1) The committee shall meet prior to the state convention of its political party and organize by electing a presiding officer and one or more vice presiding officers. The gender of the presiding officer and the vice presiding officer may not be the same. The committee shall elect a secretary and other officers as necessary. It is not necessary for the officers to be precinct committee representatives.
(2) The committee may select managing or executive committees and authorize subcommittees to exercise all powers conferred upon the county, city, state, and congressional central committees by the election laws of this state.
Pretty straight forward right? Does this seem to apply only to the State GOP?
“HOWEVER” (My favorite legalese word)
Sorry, not sorry! The historic record evidences the date previous County Conventions have been held, along with every County Republican Central Committee By-laws (the governing documents adopted by the local central committees) that I have reviewed, specify that County Conventions, to elect new leadership, are to be held between February 1st and May 1st. This is to insure that the local central committees are not violating State Law. I assure you that there are no central committees who intend to not “elect delegates to the state convention under the rules of the state party.” They shall be elected as specified, one male and one female as the “rules” require.
I encourage every individual that still believes in the rule of law to contact your local Precinct Representative, your Local County Central Committee Chair,(these numbers are available through your local elections office) and the MT GOP (number listed above) encouraging them to abide by the law and hold the local County Conventions “prior to the party’s State Convention.”
If you, as a conservative that worked and voted to send a “Supermajority” to Helena for this legislative session, do not feel betrayed, you simply have not been paying attention.
Fortunately, per my email & phone, the ones that actually matter in this issue, I.E. The County Committee Members, are becoming awake to the point of this article. Maybe some of those will to be willing to brush off the slings & arrows of the haters and do the right thing as well. I am not alone in this fight!