Montana GOP Defends Convention Voting Restrictions, Calls Lawsuit ‘Schemes to Undermine Voter Mandate’

HELENA, MT — The Montana Republican Party is defending its decision to restrict nine censured state senators from voting at its June convention, calling a lawsuit challenging the action part of “continued schemes to undermine the will of Republican lawmakers, volunteers, and voters alike,” according to a press release issued Tuesday.

“Republicans from across the state agreed that the nine senators’ betrayal of Montana voters during the 2025 legislative session warrants consequences,” MTGOP Chairman Art Wittich said. “We are defending Republicans who work to lead Montana and our party forward, because that is what our voters want.”

In a detailed response to questions from Western Montana News, MTGOP Communications Director Ethan Holmes argued that party delegates — not leadership — made the decision to exclude the senators, and that the action was consistent with party bylaws and the organization’s constitutional right of association.

“To be clear, the premise that we violated our own rules or bylaws is untrue,” Holmes said. “MTGOP leadership did not restrict the senators from voting — a majority of Republican delegates at the convention did, and we stand behind their decision.”

Three of the nine censured senators — Jason Ellsworth, Denley Loge, and Shelley Vance — filed a lawsuit demanding the party hold a new convention where they can vote. The legal challenge raises questions about whether political parties can override their own governing documents through disciplinary actions.

Party’s Legal Defense

The MTGOP’s defense centers on an April resolution passed by the party’s Executive Board that declared the nine senators “no longer considered by the MTGOP as Republicans” due to their legislative actions during the 2025 session.

Holmes explained that because the June gathering was a State Officers’ Convention, the applicable bylaw provision states that “Republican Members of the Legislative Assembly” are entitled to vote. Since the party had already declared the senators “no longer Republicans,” delegates voted to exclude them.

“While the nine senators identify as Republican legislators, their legislative record is not consistent with the values and principles of the Montana Republican Party,” Holmes said. “The First Amendment right to associate includes the right not to associate, and the MTGOP has chosen not to associate with the nine senators.”

The party argues this approach complies with both their bylaws and Roberts’ Rules of Order, which “expressly allows MTGOP the right to decide for itself the meaning of its bylaws.”

Specific Legislative Actions Cited

The April resolution details several instances where the nine senators aligned with Democrats on procedural and ethics matters:

• January 6: Voted with Democrats to undermine committee assignments prepared by Republican leadership, routing nominations through then-Executive Review Committee Chair Jason Ellsworth
• January 9: Joined Democrats to defeat Republican leadership’s proposed amended Senate Rules
• February 6: Voted with Democrats to suspend the Senate Ethics Committee investigation of Ellsworth
• March 24: Protected Ellsworth from expulsion despite ethics findings of “waste and abuse” related to bifurcated contracts
• March 6: Voted to refer Senate President Matt Regier to the Ethics Committee, though he was later cleared of all allegations

“The actions of the Nine Senators betray the principles of the MTGOP, Montana Republicans, and the Montana voters of each respective district who put their trust in the Nine Senators,” the resolution states.

Constitutional vs. Bylaw Questions

The dispute highlights tension between a political party’s constitutional right of association and adherence to its own governing documents. The MTGOP bylaws explicitly state that “Republican members of the Legislative Assembly” are entitled to vote at the State Officers’ Convention.

Holmes argued that nothing in the bylaws “prevents the at-large body from undertaking a procedure to exclude the nine senators at the convention, which complied in all respects with Roberts’ Rules of Order.”

However, the senators were elected as Republicans in Republican primaries by Republican voters, raising questions about whether a party can simply declare elected officials “no longer Republicans” to circumvent bylaw obligations.

Plaintiffs’ Response

The three senators are represented by Hamilton attorney Joan Mell, who also represented Ellsworth during his ethics investigation. In a statement to Western Montana News, Mell said the senators are seeking court intervention to force the party to follow its own governing documents.

“Montana Republicans are asking the court to order Montana GOP to follow its own rules, reconvene its convention to hold a proper election of officers with Montana Republicans full participation, and abide by the Montana Constitution,” Mell said.

A show cause hearing is scheduled for September 3rd at 1:30 PM in Helena before Judge Abbott.

Mell argued that the senators’ rights “stem from the fact they are Republicans duly elected and guaranteed under Montana GOP bylaws right to elect MT GOP officers,” and that the party cannot simply declare them non-Republicans to avoid bylaw obligations.

“Rights of association require the association — MT GOP in this case — follow its own rules and fundamental constitutional principles like due process and free debate,” she said. “Elected Republican Senators do not relinquish their voices as Republicans simply because ineffective party leadership wants to punish them for rejecting their petty bullying tactics.”

The attorney characterized the dispute as punishment for senators who “performed their jobs responsibly and aligned with the Governor’s office and other Republicans who formulated sound policy objectives that better served Montanans,” arguing that “the Freedom Caucus PAC does not define who is a Republican.”

Background of Party Dispute

This lawsuit represents the latest escalation in a months-long dispute between party leadership and the nine senators. Western Montana News previously reported on the party’s April decision to cut off funding and support for the group, which earned the nickname the “Out of Line Nine” among grassroots conservatives.

The party’s Executive Board unanimously passed the resolution after the nine senators declined to appear before the board to explain their actions, despite canceling a scheduled Zoom meeting to accommodate an in-person hearing.

Party Chairman Art Wittich has suggested the senators should run as Democrats or independents if they seek reelection, “clearing the way for genuine Republican candidates.”

“Republicans from across the state agreed that the nine senators’ betrayal of Montana voters during the 2025 legislative session warrants consequences,” Wittich said. “We are defending Republicans who work to lead Montana and our party forward, because that is what our voters want.”

The MTGOP maintains it will “self-govern in accordance with its own bylaws and processes, prioritizing the will of its voters instead of caving in to legal threats.”

This story was updated at 9:00 PM on August 27, 2025 to include a statement from attorney Joan Mell representing the plaintiffs.

This story was updated at 9:55 PM on August 28, 2025 to note that plaintiff attorney Joan Mell practices out of Hamilton.