The Montana attorney general approved a second judicial elections ballot initiative on October 9. This initiative aims to amend the state’s Constitution to ensure all judicial elections remain nonpartisan, a move following multiple unsuccessful Republican attempts to introduce political party declarations for judicial candidates. Over the last five years, several Republican bills were deemed unconstitutional by the Montana Supreme Court. The initiative now faces scrutiny due to language edits by Attorney General Austin Knudsen that prompted legal action.
Constitutional Initiative 132 proposes nonpartisan judicial elections. Knudsen modified its language, changing the wording seen by voters, which already led to a lawsuit. The initial text stated: “This constitutional initiative would require that Montana Supreme Court and district court elections remain nonpartisan.” Knudsen’s revised version reads: “A constitutional initiative that, if passed, amends Article VII of the Montana Constitution to create a new Section 12 mandating all judicial elections be nonpartisan. A nonpartisan election prohibits labeling candidates on the ballot according to the political party the candidate aligns with, including labels like independent.” This phrasing indicates hidden political affiliations.
Montanans for Nonpartisan Courts object to Knudsen’s language, arguing it implies candidates’ political affiliations are obscured. It mirrors changes made to Constitutional Initiative 131, which also pertains to state Supreme Court and district court elections. Deputy Solicitor General Brent Mead stated the attorney general’s language aims to highlight the practical difference between nonpartisan and partisan ballots.
Friends of the Third Branch, led by Betsy Brandborg, criticizes the edits. Brandborg emphasizes that nonpartisan ballots focus voters on candidates’ qualifications rather than political labels. Since the 1930s, Montana judicial races have been nonpartisan. CI-132 backers must gather adequate signatures by June 19 to feature on the 2026 ballot, similar to the Montanans for Fair and Impartial Judges backing CI-131.
Another proposed initiative seeks nonpartisan elections for any newly created courts. Recently, a law was passed during the 2025 Legislature, allowing political parties to donate directly to judicial candidates, potentially increasing party influence in judicial races.
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