Federal Judge Molloy: Republican Challenge ‘Political Chicanery’

By Robert Struckman, 10-09-08

U.S. District Judge Donald Molloy in Missoula came down hard on the Montana Republican Party for its blanket challenge of more than 6,000 registered voters in Democratic-leaning areas.

The challenge had already been abandoned two days ago by the Montana GOP. A spokesman said its effort was to avoid voter fraud, not strip the right to vote from citizens. And Montana Secretary of State Brad Johnson had already asked counties to ignore the challenges. So there was no reason for Molloy to grant a request from the Montana Democratic Party and two voters for a temporary restraining order.

And while Molloy didn’t hold back in his order (PDF). He called GOP concerns about voter fraud “meritless if not frivolous” because those concerns were limited to “select counties that likely contain concentrations of Democratic voter.”

And at that point, Molloy was just getting started:

One can imagine the mischief an immature political operative could inject into an election cycle were he to use the statutes, not for their intended purpose of protecting the integrity of the people’s democracy, but rather to execute a tawdry partisan ploy. Voters might be intimidated, confused, or even discouraged from voting upon receiving notice that their right to vote – the most precious right in a government of, by, and for the people – has been challenged. The mess created for those volunteers and elected officials dedicated to preserving the integrity of the system is nearly unimaginable in terms of the time and expense necessary to deal with such blanket challenges.

And worse, signed affidavits from the director of the Montana Republicans “falsely assert that electors are not qualified to vote.”

It amounts to “political chicanery,” Molloy concluded in his order.

Instead of ruling on the central issues brought by the Democrats, Molloy asked for more information from both sides by this Friday and set a date for oral arguments for Oct. 14.

Here’s a link to more of today’s news from Lee Newspapers’ coverage of the issue by Jennifer McKee, writing from Helena for daily papers including the Missoulian and the Billings Gazette. She includes comments from Art Noonan of the Montana Democratic Party saying he intends to press the case and GOP spokesman Bridge Pierce who noted that President Bill Clinton appointed Judge Molloy.

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