Case 6:20-cv-00066-DLC Document 16 Filed 09/03/20 Page 1 of 5

James Brown (MT No. 8916)

THE JAMES BROWN LAW OFFICE, PLLC
30 South Ewing Street, Suite 100
Helena, Montana 59601
Ph.: (406) 925-1745
Email: jim@thunderdomelaw.com

Thomas R. McCarthy*
Tyler R. Green*
Bryan Weir*
Cameron T. Norris*
CONSOVOY MCCARTHY PLLC
1600 Wilson Boulevard, Suite 700
Arlington, VA 22209
Ph.: (703) 243-9423
Email: tom@consovoymccarthy.com

* Motion for admission

pro hac vice pending

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA
HELENA DIVISION

DONALD J. TRUMP FOR PRESIDENT,

INC., REPUBLICAN NATIONAL
COMMITTEE, NATIONAL
REPUBLICAN SENATORIAL
COMMITTEE; MONTANA No. 6:20-cv-00066-DLC
REPUBLICAN STATE CENTRAL
COMMITTEE,
Plaintiffs, PLAINTIFFS’ MOTION TO EXPEDITE
v.
STEPHEN BULLOCK, in his official
capacity as Governor of Montana; COREY
STAPLETON, in his official capacity as
Secretary of State of Montana,
Defendants.

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Pursuant to Fed. R. Civ. P. 7(b) and Local Rule 7.1(b), Plaintiffs respectfully move for

expedited review of their Motion for Preliminary Injunction (Doc. 8) (“Motion”) to enjoin

Defendant Governor Stephen Bullock’s Election Directive. See Doc. 10-1. In support of this

motion to expedite, Plaintiffs state as follows:

1. Montana’s election code allows counties to conduct universal vote-by-mail

elections—which the code labels “mail ballot elections”—for local contests such as those for

school, water, and fire districts. Mont. Code §13-19-104. If a county chooses to conduct such an

election, all voters that are on the county’s “active” voter list will be sent ballots “at the most

current address available from the official registration records.” Id. §§13-19-206(3)(a), 13-19-

207(2)(a). And voters cast their votes by marking and returning those ballots via mail or by placing

them in deposit boxes that the counties designate. Id. §§13-19-301, 13-19-306.

2. Relevant here, the Montana code prohibits conducting a “mail ballot election” for

“a regularly scheduled federal … election,” Mont. Code §13-19-104(3)(a), such as the November

3, 2020 general election. The Governor’s Election Directive, however, suspends that prohibition

and allows counties to conduct a “mail ballot election” in November. Doc. 10-1, at 3. Plaintiff’s

Motion seeks to enjoin that suspension because it violates the Elections and Electors Clauses of

the federal Constitution. See Doc. 9, at 11-18.

3. Most of Montana’s counties have declared their intent to conduct a “mail ballot

election” pursuant to the Election Directive, see G. Florio, Most Montana Counties Opt For mail

Ballot, Missoulian (Aug. 31, 2020), https://bit.ly/2QTEkX6, and must obtain approval from

Defendant Secretary of State Stapleton to do so, Mont. Code §13-19-205(5). Once approved, those

counties will mail out ballots to voters on October 9. Doc. 10-1, at 3. Plaintiffs seek to expedite

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the briefing on the Motion to ensure that the parties can exhaust all avenues of appeal before

October 9.

4. Plaintiffs filed the Motion yesterday, September 2, and emailed a copy of it to

counsel for the Governor shortly thereafter.1 Under the Court’s rules, Defendants have 14 days to

file their opposition to the Motion and Plaintiffs have 14 days to file their reply. See L.R.

7.1(d)(1)(B) & (C). Plaintiffs request that the Court enter an order shortening the time for

Defendants to file their opposition from 14 to 8 days (to Thursday, September 10), and the time

for Plaintiffs to file their reply from 14 days to 1 day (to Friday, September 11). To the extent it

is feasible, Plaintiffs respectfully request that the Court issue a decision by Friday, September 18

to allow the parties sufficient time to seek appellate review, should they choose to pursue it.

5. Defendant Secretary Stapleton consents to the proposed briefing schedule.

Defendant Governor Bullock opposes.

Respectfully submitted,

/s/ James Brown

James Brown (MT No. 8916)
THE JAMES BROWN LAW OFFICE, PLLC
30 South Ewing Street, Suite 100
Helena, Montana 59601
Ph.: (406) 925-1745
Email: jim@thunderdomelaw.com

1
Both Defendants has since agreed to waive service of the Complaint and to accept
service via email under Federal Rule of Civil Procedure 5(b)(2)(E) until their attorneys enter
their appearance.

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Case 6:20-cv-00066-DLC Document 16 Filed 09/03/20 Page 4 of 5

Thomas R. McCarthy*
Tyler R. Green*
Bryan Weir*
Cameron T. Norris*
CONSOVOY MCCARTHY PLLC
1600 Wilson Boulevard, Suite 700
Arlington, VA 22209
Ph.: (703) 243-9423
Email: tom@consovoymccarthy.com

* Motion for admission

pro hac vice pending

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CERTIFICATE OF SERVICE

I hereby certify that I will serve this pleading on Defendants’ counsel listed below via

email, as consented to under Federal Rule of Civil Procedure 5. See Fed. R. Civ. P. 5(b)(2)(E).

Raphael Graybill
raphael.graybill@mt.gov
Counsel for Defendant Governor Stephen Bullock

Austin James
austin.james@mt.gov
Counsel for Defendant Secretary of State Corey Stapleton

/s/ James Brown

James Brown (MT No. 8916)
THE JAMES BROWN LAW OFFICE, PLLC
30 South Ewing Street, Suite 100
Helena, Montana 59601
Ph.: (406) 925-1745
Email: jim@thunderdomelaw.com