A Lincoln County official says she has a constitutional right to call herself a Republican while campaigning in the county’s nonpartisan elections, and she is seeking to strike down a Montana law that bars her from doing so, according to a lawsuit filed Tuesday.

If Lincoln County Clerk and Recorder Robin Benson is successful in her lawsuit filed in U.S. District Court in Helena, candidates in counties that hold nonpartisan elections would be able to identify themselves as “Republican” or “Democrat” on the campaign trail. However, such a ruling would not directly apply to judicial elections, said Benson’s attorney, Matthew Monforton, and Commissioner of Political Practices Jonathan Mo