HELENA — A state district judge in Helena has decided not to step in and order the Montana Republican Party to redo its election for party chair.
Judge Chris Abbott ruled against three Republican state senators who sought a preliminary injunction to require the party to hold a new election, after they weren’t allowed to vote the first time. He determined the court likely wouldn't be able to grant them what they've asked for.
It’s the latest step in the long-running party split that surfaced during the 2025 legislative session. The plaintiffs – Sens. Jason Ellsworth, R-Hamilton; Denley Loge, R-St. Regis; and Shelley Vance, R-Belgrade – were part of a group of nine Republican senators who repeatedly broke with their party leadership during the session.
During last year’s state GOP convention, a majority of delegates voted to prevent “The Nine” from participating. The remaining delegates then elected Art Wittich as party chair, along with other party officers.
Ellsworth, Loge and Vance filed suit, claiming that their exclusion violated the party’s bylaws and their rights as lawmakers. They asked the court to force a new officer election, this time with them able to take part.
Abbott wrote in his ruling that the senators could make the argument that their removal hadn’t followed proper party procedures, but that the court didn’t have the authority to take the action they were asking for. He said political parties are private organizations, and that the “legislative immunity” that protects lawmakers from being punished for what they say during a session doesn’t apply to actions by a private entity.
“The Senators are unlikely to show that legislative immunity under the Montana Constitution affords them a vehicle for obtaining judicial protection from consequences imposed by MTGOP on matters of internal party governance like participation in conventions or selection of officers or delegates,” he wrote.
The Montana Republican Party released a statement, saying the decision would allow them to move forward on conservative policies.
“The court got this one right,” Wittich said in the statement. “The Montana Republican Party enjoys freedom of association, including the right not to associate with people who don’t share our principles and priorities. Republican delegates exercised that right through proper procedures at the convention.”
Joan Mell, an attorney representing the three senators, told MTN they are still considering how to move forward. She said their lawsuit is pushing back against a party that is trying to control how lawmakers use their votes.
“We've got to figure out what the next step is, whether it's an appeal or something else, to ensure that the voters of Montana, when they elect their officials, those officials will be free to vote their conscience and the voice of the people, as opposed to whatever the dictates are of whoever has taken over the control of the party,” said Mell.
