Montana Republicans want U.S. Judge Brian Morris to declare the open primary unconstitutional so only registered Republicans can choose their candidates.

After a favorable decision, Rep. Matthew Monforton, R-Bozeman, suggests a special legislative session to enact a closed primary. If legislators refuse to meet, Republicans will choose candidates in county and state conventions (unpopular among Republicans who’ll fund and organize these gatherings.) Grumbling is also noted among Republican voters who’d be locked-out from nominating a presidential candidate.

But maybe the Legislature will convene a costly special session. Rep. Monforton says there are two more ways to make the primary constitutional. One is a non-partisan, top-two primary system that is more “open” than Montana’s present primary. (Hypothetically in this primary, two Libertarians could scoop the major parties and face off in the general election.) Sen. Fred Thomas, R-Stevensville, has drafted a new “top-two primary” bill correcting constitutional flaws in his 2013 referendum. So why didn’t he introduce it during the regular session? Well, fellow Ravalli County Republicans were screaming for a closed primary.

Rep. Monforton’s second option tweaks the open primary so political parties can opt out. How easy! Yet no legislator requested such a bill this past session. Maybe they’re afraid of the voter retaliation that played out in 1985. The Democrats took a drubbing trying to “opt-out” of the open presidential preference primary. The GOP trashed their hopes in a two-day floor debate, killing all compromise amendments. The defense of the open primary gave the GOP enough voter-credibility to end the 20-year winning streak of Democratic governors. That’s how winning in the courts this year could produce a loss at the 2016 election.

The hearing before Judge Morris is scheduled on Nov. 19 at 1:30 p.m. in the Helena federal courthouse. —Carole Mackin, Helena