Democrat Attorneys Urge Party to Clear Field for Bodnar; Republicans Call It “Utter Disarray”

A group of nine Montana Democratic attorneys published an open letter this month urging the Montana Democratic Party’s State Central Committee to consider not nominating a replacement candidate if Democratic Senate nominee Alani Bankhead withdraws — a legal argument designed to clear the path for independent candidate Seth Bodnar to face Republican Kurt Alme one-on-one.

The letter, dated July 16 and signed by attorneys from Missoula, Great Falls, Helena, Billings, Butte and Kalispell, argues that the Montana Democratic Party has a First Amendment right to associate — or decline to associate — with any candidate, including its own nominee. Citing the 2000 U.S. Supreme Court decision in California Democratic Party v. Jones, the attorneys contend that the party’s State Central Committee could legally vote not to fill a vacancy if Bankhead stepped aside, rather than being required to name a replacement Democrat.

“If presented with a vacancy, the Montana Democratic Party can choose to not nominate a replacement,” the letter states. “Political parties are free to choose who represents them. And in 2026, Montana Democrats can do just that.”

The attorneys’ legal argument centers on Montana Code Annotated 13-10-327(a), which states that “for offices to be filled by the state at large, the state central committee shall make the appointment as provided by the rules of the party.” The attorneys argue that the phrase “as provided by the rules of the party” gives the State Central Committee broad discretion — including the discretion to adopt a rule that permits choosing not to nominate anyone. Critics of the argument, including the Montana Republican Party, contend that the word “shall” in that statute imposes a mandatory obligation to make an appointment and that the attorneys are urging the party to disregard that requirement.

The attorneys point to national precedents, including the Nebraska Democratic Party’s decision in 2024 to leave its Senate ballot line blank, allowing independent Dan Osborn to run head-to-head against a Republican incumbent. They also cite Utah Democrats’ 2022 endorsement of independent Evan McMullin over their own candidate and the Montana Libertarian Party’s 2020 decision to nominate “none of the above” for its Senate slot — a move that went unchallenged in court.

Under their scenario, Bankhead would need to withdraw by August 10, the last day any candidate may exit the race. The party would then hold a meeting before August 19 to consider a replacement, at which point a majority of the State Central Committee could vote not to nominate one.

The Montana Republican Party responded sharply, calling the letter evidence that the Montana Democratic Party is “in complete and utter disarray.” In a statement, the MTGOP characterized Bodnar as a “phony independent” groomed by Democratic political operatives and argued that the open letter amounted to elite Democratic lawyers urging the party to abandon its own publicly elected candidate and undermine its legitimacy as a political organization — and ignore the plain language of state law requiring the party to make an appointment.

The MTGOP also drew a contrast with its own ongoing legal battle, in which the party is defending its recently adopted bylaws against a challenge from a group of dissenting Republicans including several county central committees. The party said it was fighting to strengthen its organization from the bottom up while Democratic elites were working to undermine their own primary voters.

Bankhead has repeatedly said she has no intention of withdrawing. The last day to exit the race is August 10.

By: Montana Newsroom wire