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In the Supreme Court of the United States COREY STAPLETON

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In the Supreme Court of the United States COREY STAPLETON No. _________ In the Supreme Court of the United States COREY STAPLETON, MONTANA SECRETARY OF STATE, Applicant, v. THE MONTANA DEMOCRATIC PARTY, Respondent. On Application to the Honorable Elena Kagan to Stay the Orders Of the Montana Supreme Court APPENDIX TO EMERGENCY APPLICATION FOR STAY Jim Renne, Counsel of Record 4201 Wilson Blvd., Ste. 110521 Arlington, VA 22203 [email protected] Matthew T. Meade (admission pending) Smith Oblander & Meade, PC P.O. Box 2685 Great Falls, MT 59403-2685 [email protected] Austin James Secretary of State’s Office P.O. Box 202801 Helena, MT 59620-2801 [email protected] Counsel for Applicant August 24, 2020 TABLE OF CONTENTS Supreme Court of Montana, Denial of Stay (August 20, 2020) App. 1 Supreme Court of Montana, Order Affirming District Court Decision (August 19, 2020) App. 3 District Court, Findings of Fact and Conclusions of Law (August 11, 2020) App. 5 District Court, Order on Secondary Issues (August 11, 2020) App. 55 Supreme Court of Montana, Consolidation and Scheduling Order (August 11, 2020) App. 60 Supreme Court of Montana, Petition Signers Motion to Intervene (August 13, 2020) App. 62 Supreme Court of Montana, Denial of Motion to Intervene (August 13, 2020) App. 71 Supreme Court of Montana, Appellant’s Opening Brief (August 12, 2020) App. 73 Supreme Court of Montana, Appellant’s Reply Brief (August 18, 2020) App. 111 Supreme Court of Montana, Brief of Amici Curiae Petition Signers (August 12, 2020) App. 143 District Court, Motion to Intervene by Petition Signers and Brief in Support (July 2, 2020) App. 194 District Court Trial Transcript, Denial of Motion to Intervene (July 14, 2020) App. 239 District Court, Defendants Motion to Dismiss for Failure to Join Necessary Parties and Brief in Support (June 22, 2020) App. 244 District Court, Brief of Amici Curiae Petition Signers in (July 17, 2020) App. 296 Relevant Excerpts from Trial Transcript (July 14, 2020) App. 323 ORIGINAL 08/20/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0396 DA 20-0396 MONTANA DEMOCRATIC PARTY and TAYLOR BLOSSOM,RYAN FILZ, FILED MADELEINE NEUMEYER,and REBECCA AUG 2 0 2020 WEED,individual electors, Bovven Greenvvood Clerk of Supreme Court State of Montana Plaintiffs and Appellees, v. ORDER STATE OF MONTANA,by and through its SECRETARY OF STATE, COREY STAPLETON, Defendant and Appellant. On August 7, 2020, the State of Montana, by and through its Secretary of State Corey Stapleton, appealed from Findings of Fact, Conclusions of Law, and Order issued that same day by the First Judicial District Court, Lewis and Clark County, in its Cause No. DDV-2020-856. After expedited briefing, this Court issued an Order affirming the District Court on August 19, 2020. The District Court's rulings and this Court's affirmation of such resulted in the removal of the Montana Green Party candidates from the State's election ballots for the 2020 general election. The Secretary has moved for a stay ofthis Court's Order. He asserts that he intends to petition the United States Supreme Court for certiorari and argues that judicial review will be frustrated if the matter is not stayed as the Secretary must certify the 2020 general election ballots today, August 20,2020. The Secretary maintains that the candidates cannot be added to the ballot at a later date should he prevail on appeal, but the candidates could be marked out or covered up if this Court's determination is ultimately upheld. The Secretary offers no legal authority for a motion to stay an order of this Court because the party intends to petition the United States Supreme Court for certiorari. The App. 1 Secretary cites generally to Billings High Sch. Dist. No. 2 v. Billings Gazette, 2006 MT 329, 335 Mont. 94, 149 P.3d 565, in which this Court held that Appellants' appeal to this Court was mooted by their failure to move the district court to stay execution ofits decision, but the procedure for staying a district court ruling pending appeal to this Court, set forth in M. R. App. P. 22, is inapplicable to the present matter. IT IS THEREFORE ORDERED that Appellant's motion for stay is DENIED. The Clerk is directed to provide immediate notice of this Order to all counsel of record. DATED this day of August 2020. Justices 2 App. 2 ORO it 08/19/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0396 DA 20-0396. MONTANA DEMOCRATIC PARTY and TAYLOR BLOSSOM,RYAN FILZ, MADELINE ALE NEUMEYER,and REBECCA WEED,individual AUG 1 9 2020 electors, Bowen Greenwood - Clerk of Supreme Court State of Montana Plaintiffs and Appellees, v. ORDER STATE OF MONTANA,by and through its SECRETARY OF STATE, COREY STAPLETON, Defendant and Appellant. On August 7, 2020, the State of Montana, by and through its Secretary of State Corey Stapleton, appealed from Findings of Fact, Conclusions of Law, and Order issued that same day by the First Judicial District Court, Lewis and Clark County, in its Cause No. DDV-2020-856. There, the District Court denied the Secretary's motion for partial summary judgment and .granted the cross-motion for summary judgment of Plaintiffs and , Appellees Montana Democratic Party, and individual electors Taylor Blossom, Ryan Filz, Madeline Neumeyer, and Rebecca Weed. The District Court concluded that a petition to obtain ballot access for the Montana Green Party for the November 2020 general election ballot failed to meet the requirements .of § 13-10-601(2), MCA, and thus enjoined the Secretary and all persons acting under his authority from giving any effect to the Green Party petition for ballot access. By Order of August 11, 2020, this Court set an exPedited briefing schedule in this matter. Pursuant to our Order, the parties timely filed their appellate briefs. We have read and considered each of those briefs, as well as the amicus briefs filed in this matter, along with the record on appeal. Having now done so, and with due consideration ofthe arguments and issues raised, App. 3 IT IS THEREFORE ORDERED that the August 7, 2020 Order of the First Judicial District Court, Lewis and Clark County, in its Cause No. DDV-2020-856, enjoining the Secretary of State and all persons acting under his authority from implementing or giving effect to the petition to qualify the Green Party as a minor party eligible for the 2020 election ballot is AFFIRMED. This Court's opinion, analysis, and rationale will follow in due course. The Clerk is directed to provide immediate notice of this Order to all counsel of record. DATED this 4/1day of August, 2020. Justices Justices Jim Rice and Beth Baker would reverse on the issues presented on appeal. 2 App. 4 08/11/2020 1 Case Number: DA 20-0396 2 FILED 3 AUG 0 7 2020 4 rict Court 5 ty Clerk 6 7 8 MONTANA FIRST JUDICIAL DISTRICT COURT 9 LEWIS AND CLARK COUNTY 10 MONTANA DEMOCRATIC PARTY, Cause No.: DDV-2020-856 11 12 and FINDINGS OF FACT, 13 TAYLOR BLOSSOM,RYAN FILZ, CONCLUSIONS OF LAW,AND 14 MADELINE NEUMEYER,and ORDER REBECCA WEED, individual electors, 15 16 Plaintiffs, 17 v. 18 STATE OF MONTANA,by and through 19 its SECRETARY OF STATE COREY 20 STAPLETON, 21 Defendant. 22 23 This Court heard this matter on July 14 and 15, 2020.1 Peter 24 Michael Meloy and Matthew Gordon represented Plaintiffs Taylor Blossom, 25 Ryan Filz, Madeline Neumeyer, Rebecca Weed, and the Montana Democratic The more extensive and complicated procedural history of this matter is recited in the Findings of Fact, below. App. 5 1 Party (MDP). Austin James and Matthew T. Meade represented Defendant State 2 of Montana, by and through Secretary of State Corey Stapleton (Secretary). 3 The parties presented testimony and evidence and made oral 4 arguments. Following the hearing, the parties submitted proposed findings of 5 fact and conclusions of law and briefs. On July 17, 2020, the parties submitted 6 notices of submitta1.2 7 From the file, the testimony and evidence presented, the Court 8 makes the following: 9 FINDINGS OF FACT 10 1. This matter came before the Court on an order to show cause 11 on Plaintiffs' Complaint for Declaratory and Injunctive Relief 12 2. Plaintiffs filed the complaint on June 1, 2020, against the 13 Secretary, alleging that the Secretary erroneously failed to honor the requests of 14 several hundred Montana voters to withdraw their names from a petition to 15 obtain ballot access for the Montana Green Party for the November 2020 general 16 election ballot. Plaintiffs alleged that once the withdrawals are accounted for, the 17 petition fails to meet the requirements of Section 13-10-601(2), MCA,the 18 political party qualification statute, because it does not contain the requisite 19 number of valid signatures from at least thirty four legislative House Districts. 20 3. On Monday, June 22, 2020, the First Judicial District Court, 21 Judge Kathy Seeley presiding, began a hearing on an order to show cause. Six 22 days before the hearing, Plaintiffs filed a trial brief containing exhibits and 23 declarations from Plaintiffs' trial witnesses. Late Friday before the hearing, and 24 on the morning of the hearing, the Secretary filed various motions to dismiss the 25 complaint and to vacate the hearing. Plaintiffs opposed all motions. At the 2 The Court has also granted status to certain entities and people to file briefs as amici curiae as set forth in the findings of fact below and in the accompanying Order on Supplemental Motion. Findings of Fact, Conclusions of Law, and Order — page 2 DDV-2020-856 App.
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