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MT SB42

MT SB42
Provide for the partisan election of judges and justices


summary

Introduced
12/18/2024
In Committee
03/29/2025
Crossed Over
02/27/2025
Passed
Dead
05/23/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT GENERALLY REVISING JUDICIAL ELECTION LAWS; PROVIDING FOR THE PARTISAN NOMINATION AND ELECTION OF SUPREME COURT JUSTICES, DISTRICT COURT JUDGES, JUSTICES OF THE PEACE, AND MUNICIPAL COURT JUDGES ; REQUIRING INDEPENT CANDIDATES TO BE NOMINATED IN A SEPARATE PRIMARY ELECTION CONDUCTED IN A MANNER SIMILAR TO THAT OF CANDIDATES AFFILIATED WITH A POLITICAL PARTY; EXEMPTING REVISING SIGNATURE REQUIREMENTS FOR INDEPENT JUDICIAL CANDIDATES; FROM CERTAIN SIGNATURE AND FILING DEADLINES; REQUIRING AN UNOPPOSED INDEPENT CANDIDATE IN A JUDICIAL PRIMARY ELECTION TO RECEIVE A MINIMUM NUMBER OF VOTES TO ADVANCE TO THE GENERAL ELECTION; ALLOWING JUDICIAL CANDIDATES TO ACCEPTORSEMENTS FROM POLITICAL PARTIES; ALLOWING POLITICAL PARTIES TO CONTRIBUTE TO JUDICIAL CANDIDATES; AMING SECTIONS 3-2-101, 3-5-201, 3-10-201, 3-10-206, 13-1-103, 13-10-501, 13-10-502, 13-10-503, 13-10-601, 13-14-111, 13-14-118, AND 13-37-211, MCA; REPEALING SECTIONS 13-14-211, 13-14-212, 13- 14-213, AND 13-35-231, MCA; AND PROVIDING AN APPLICABILITY DATE.”

AI Summary

This bill fundamentally changes judicial elections in Montana by allowing partisan elections for judges and justices, which were previously non-partisan. Specifically, the bill requires Supreme Court justices, district court judges, justices of the peace, and municipal court judges to be nominated and elected on partisan ballots, with each judicial office considered a separate and independent election. Independent judicial candidates will now be required to participate in a primary election similar to party-affiliated candidates, and to advance to the general election, an independent candidate must receive at least 5% of the total votes cast for the least successful candidate in the most recent primary. The bill also allows judicial candidates to accept endorsements from political parties and removes previous restrictions on political party contributions to judicial candidates. The proposed changes stem from legislative feedback that voters lack sufficient information about judicial candidates and that the current system may lead to excessive influence from wealthy special interest groups. The bill aims to increase transparency and provide voters with more context about judicial candidates by introducing party affiliations into judicial elections, following the model of other states that have long-standing partisan judicial election systems.

Committee Categories

Justice

Sponsors (1)

Last Action

(S) Died in Process (on 05/23/2025)

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