Judge tosses lawsuit over replacement candidate

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By The Associated Press

Story Published: Aug 26, 2008 at 10:59 PM MDT

Story Updated: Aug 26, 2008 at 10:59 PM MDT

HELENA - A Helena judge has tossed out a lawsuit seeking to ban a replacement candidate from appearing on the ballot in a Helena area House race.

Incumbent candidate John Ward is now running as a write-in after being defeated in the Republican primary. He was trying to prevent a Democrat from appearing on the ballot. Ward argued the Democrats should not be allowed to replace Wayne Lewis, who backed out of the race. Ward says Lewis doesn't live in the district, so Democrats never had a legitimate candidate in the first place.

Democrats have filed paperwork to replace Lewis with Pam Ponich-Hunthausen. District Judge Jeffrey Sherlock said it would be inappropriate for the court to get involved "and deprive the people of the state of Montana of their fundamental right to vote for their representatives."

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