A Montana state district judge invalidates an attorney general opinion, allowing two incumbent Republican lawmakers to remain on the November ballot ahead of certification.

HELENA, MT — In a high-stakes constitutional ruling issued late Wednesday, Lewis and Clark County District Court Judge Michael McMahon struck down an official legal interpretation by Montana Attorney General Austin Knudsen, ordering state election officials to certify two legislative candidates for the November general election.
The dispute centered on Article IV, Section 8 of the Montana Constitution, which limits state representatives and senators to eight years in any 16-year window. Attorney General Knudsen had issued a binding legal opinion declaring that partial legislative terms served due to midterm appointments counted toward the full eight-year cap, thereby disqualifying Representatives Llew Jones and Steve Fitzpatrick.
Judge McMahon ruled that the Attorney General's interpretation contradicted established statutory precedent and historical secretary of state administrative guidelines, holding that voters' right to ballot access must prevail absent unambiguous constitutional disqualification.
The decision prevents a major vacancy on legislative ballots across northern and central Montana districts where Jones and Fitzpatrick had already secured their respective party nominations. The Montana Secretary of State’s Elections Division confirmed that candidate listings have been updated in accordance with the court order.
Civic groups and legal analysts noted that the swift ruling provides clarity for county election administrators who face a strict August 20 statutory deadline to finalize and print municipal ballots for overseas and military voters.
The Montana Department of Justice filed an emergency notice of appeal to the Montana Supreme Court, requesting an expedited review before county ballot proofs are dispatched to commercial printers Thursday afternoon.

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