Attorney says ineligibility could effect November ballot (Davison)

[Ediacara]

Attorney says ineligibility could effect November ballot

Associated Press

HELENA - The disqualification of one member of a gubernatorial team could make the other member ineligible for the November general election as well, the Legislature's chief lawyer says.

Greg Petesch, director of legal services for the Montana Legislative Services Division, issued the six-page opinion Wednesday at the request of Rep. Alan Olson, R-Roundup.

Olson had asked Petesch for a legal opinion of what remedies were available if a gubernatorial candidate or ticket is determined to be ineligible for office prior to an election, or if either member of the team is found to be ineligible for office after the election.

Petesch's opinion mentions no specific names, but does address the potential outcome involving the running mate of Pat Davison. State Political Practices Commissioner Linda Vaughey concluded earlier that Dave Mihalic does not meet residency requirements to serve as lieutenant governor. But Vaughey acknowledged she had no authority to remove Mihalic from the primary ballot.

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