Backers of two initiatives for nonpartisan Montana court elections are suing Attorney General Austin Knudsen over altered ballot language. Knudsen now faces three lawsuits after modifying initiatives aimed at keeping court races without party affiliation. Montanans for Nonpartisan Courts (MNC) filed two of these lawsuits, challenging the changes to two ballot measures for the November 2026 ballot.
Constitutional Initiative 132 proposes amending the Montana Constitution to mandate nonpartisan judicial races. Despite authorizing the initiative for signatures, Knudsen altered the ballot language to imply that nonpartisan races obscure a judge’s political ties. One lawsuit contests this rewrite, while another accuses Knudsen of unjustly rejecting Ballot Issue 6, which mandates nonpartisan races for newly established courts.
In collaboration with Montanans for Fair and Impartial Judges, MNC sued over changes to Constitutional Initiative 131 on Oct. 6. This initiative seeks to embed nonpartisan elections as standard for the state Supreme Court and district courts.
These initiatives emerged after Republican legislators’ failed attempts to permit judicial candidates to declare party affiliations. GOP lawmakers and Knudsen accuse courts of bias following rulings against several conservative-backed laws. Knudsen criticized judicial decisions on abortion and climate affecting cases his Department of Justice lost.
The dispute over Knudsen’s changes to CI-131 and 132 focuses on inserted language suggesting nonpartisan races allow candidates to conceal political affiliations. The language states nonpartisan elections prevent displaying candidate affiliations on ballots.
Knudsen’s Deputy Solicitor General, Brent Mead, defended the edits by claiming they clarify the “practical implication to voters” of nonpartisan versus partisan ballots. MNC’s attorneys argued Montanans are already familiar with both election types.
Raph Graybill, MNC’s attorney, stated, “Any voter who reaches CI-132 on the ballot will already have experience with both partisan and nonpartisan elections, having participated in partisan elections for United States Congress and State Legislature and a nonpartisan election for Montana Supreme Court at the top of the same ballot.”
The lawsuit on Ballot Issue 6 focuses on Knudsen’s rejection due to similar constitutional amendments as CI-132. MNC contended the proposed changes do not conflict, warranting separate consideration.
MNC urged the Supreme Court to require Knudsen to respond within five days, highlighting the urgency to gather 60,000 signatures by June 19 to qualify for the ballot. Time constraints press the need for resolution in these legal battles, crucial for the signature campaign’s success.
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