GOP Sen. Steve Daines made the last-minute decision to to prevent Democrats from fielding a top recruit for the open Montana seat, according to two sources familiar with the matter.
Daines was aware that if he withdrew too soon then Democrats would have a chance at fielding one of several potential Democrats — namely former Sen. Jon Tester or former Govs. Brian Schweitzer or Steve Bullock. Any of those Democrats could have put the state on the map in the midterms and likely have sucked up enormous cash, as Democrats have done in red states like Alaska and Ohio, scrambling the race for the majority in the fall.
Instead, Daines withdrew from the race minutes before the Wednesday evening filing deadline. Kurt Alme, who was US attorney in Montana, filed to run eight minutes before the deadline. With the deadline closed, no top-tier Democrat can now jump in the race.
It either is illegal or it isn’t. There is nothing to challenge in court. Worse, I’m not sure what the solution is. I supposed you could push the deadline back, only for the incumbent, to declare they are in or out, but you’d also need some penalty for saying you’ll run and then pulling out. And then who gets to decide if your reason is good enough. Dead from a car accident? ok no fines. Paralyzed from a car accident? you can use a wheelchair can’t you?!?!
I’m not sure what practical rule can be put in place to avoid such behavior.