County official challenges law on nonpartisan candidates

HELENA, Mont. (AP) — A Lincoln County official is asking a federal judge to strike down a Montana law that bars nonpartisan candidates from campaigning as Republicans or Democrats.

Clerk and Recorder Robin Benson says in the lawsuit filed Tuesday that she has a right under the First Amendment to call herself a Republican while campaigning. She says that right trumps state law that says a nonpartisan candidate may not use the name of a political party.

Benson's attorney, Matthew Monforton, says the lawsuit would not affect nonpartisan judicial races.

Lincoln County began holding nonpartisan elections in 2009, although a study commission is recommending that be overturned.

Commissioner of Political Practices Jonathan Motl is named as a defendant in the suit. He says he disagrees with Benson's argument and that the judge must decide whether the election standards set by Lincoln County can be overcome by one person's First Amendment claim.