"Political parties are free to choose who represents them," the attorneys wrote.
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"And in 2026, Montana Democrats can do just that: and choose to advance their platform rather than feel cornered to nominate a Democratic candidate who cannot win a head-to-head match up with the hand-picked Republican nominee."
The Montana Democratic Party did not respond to questions about this legal interpretation or its rules for candidate replacement.
Historically, Montana law requires candidates to withdraw at least 85 days before the general election to avoid appearing on the ballot.
The replacement nominee must be selected no later than 76 days before the election.
In 2020, the Libertarian Party in Montana chose not to replace their Senate candidate despite early withdrawal, setting a recent precedent.
The Republican Party has a history of pressuring opponents to drop out of Senate races.
In 2024, former President Donald Trump urged a Libertarian candidate to withdraw shortly before the deadline, but the candidate declined.
President Trump has framed the upcoming Montana Senate race as a contest solely between Alme and Bankhead, ignoring Bodnar's candidacy.
Meanwhile, some Democratic legislators have urged Bankhead to meet with Bodnar to negotiate who should exit the race to consolidate the non-Republican vote.
National analysis suggests Bodnar may have a better chance of defeating Alme, as he polls higher than Bankhead in head-to-head matchups.
Bodnar has pledged not to join the Senate Democratic Caucus if elected but also would not align with Republicans.
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However, the presence of both Bankhead and Bodnar on the ballot virtually guarantees a Republican victory, underscoring the high stakes of the Montana Senate race amid a divided Democratic and independent electorate.
