Montana AG's Initiative Edits Lead to Lawsuit Over Judicial Elections

On October 9, the Montana attorney general approved a new initiative aimed at amending the state Constitution to maintain nonpartisan elections for judicial positions. This decision is significant in light of previous unsuccessful attempts by Republican lawmakers to introduce party affiliation to judicial candidates, efforts that have faced challenges in the state's courts over the past five years.

Details of the Initiative

This initiative, known as Constitutional Initiative 132, seeks to ensure that elections for the Montana Supreme Court and district courts remain free of partisan labels. However, the initiative has come under fire due to language alterations made by Attorney General Austin Knudsen, which have led to a pending lawsuit. The original wording emphasized that these elections would remain nonpartisan, whereas the revised language detailed that if approved, it would amend Article VII of the Montana Constitution to create a new section mandating all judicial elections be devoid of party identification.

Controversy Over Language Changes

The modifications made by Knudsen suggest a potential conflict regarding the representation of candidates’ political affiliations. Opponents of the language change, such as the group Montanans for Nonpartisan Courts, assert that it results in obscuring candidates' true partisan connections. Deputy Solicitor General Brent Mead defended the edits, arguing that they clarify the distinction between nonpartisan and partisan ballots.

Responses from Advocacy Groups

Advocacy groups like Friends of the Third Branch have expressed concerns regarding the edits. Betsy Brandborg, the group's leader, pointed out that nonpartisan ballots are designed to direct voters' attention to the qualifications of candidates rather than their political backgrounds. Montana has upheld nonpartisan races for judicial positions since the 1930s. Supporters of CI-132 are now tasked with gathering sufficient signatures by June 19 to qualify for the 2026 ballot.

Further Legislative Context

Additionally, there is a separate initiative proposing nonpartisan elections for any new courts established in the future. This movement comes amidst recent legislative changes allowing direct political party donations to judicial candidates, raising concerns about increasing partisan influence in Montana's judicial elections.