A Lewis and Clark County District Court judge this week narrowed the scope of a temporary restraining order against the Montana Republican Party’s newly adopted bylaws, partially lifting a block placed on the rules after a group of party members sued to invalidate them.
Judge Michael McMahon issued the original restraining order on July 9, blocking the party from enforcing bylaws passed at the MTGOP’s June platform convention in Missoula. After a four-hour hearing Monday at which the party had its first opportunity to respond, the judge determined the full restraining order was too broad and modified it Tuesday, lifting the block on most sections while maintaining it on provisions related to official membership requirements and accountability.
Montana Republican Party Chairman Art Wittich praised the modification, saying the party expects its First Amendment rights as a political association to ultimately be upheld when it presents its full written case over the next two weeks. The party argues the bylaws are a legitimate exercise of its right to define membership and require members to uphold Republican values and the party platform, noting the provisions passed with well over the required two-thirds delegate support at the June convention.
The bylaws at the center of the dispute require party members to pay $20 in annual dues and sign an affirmation of support for Republican principles and the party platform, and allow the state central committee to remove members from elected party positions for nonpayment of dues or conduct deemed inconsistent with party purposes, including collaborating with Democrats. Charges for removal can be brought by any 20 official party members.
The plaintiffs argue the bylaws violate the state Constitution and empower a small group within the party to revoke Republican affiliation from candidates and officeholders, effectively undoing primary election results. They are represented by attorney Mike Talia, who himself lost a 2026 Republican legislative primary to a candidate endorsed by the Montana Republican Party.
In issuing the original restraining order, McMahon indicated he believed the plaintiffs were likely to succeed on the merits. At Monday’s hearing, the judge described the membership provisions as “draconian” and suggested they may conflict with the state Constitution. Both sides have two weeks to file written arguments before the court issues a permanent ruling.
By: DNU News wire