The Montana Supreme Court on Tuesday affirmed a lower court ruling that allowed the state’s Green Party Senate candidate to remain on the ballot in November, a blow to Democrats’ efforts to prevent what they expect could be a spoiler in the close race between incumbent Sen.

A five-justice Montana Supreme Court panel on Tuesday denied the Montana Democratic Party’s request that the court take over its case challenging the appointment of the Green Party’s U.S. Senate candidate,

Polls are showing Sen. Jon Tester falling behind, raising uncomfortable questions for Democrats about how to hold the Senate.