Montana voters will decide whether the state constitution expressly preserves nonpartisan judicial elections through Constitutional Initiative 132, a proposal that would add five words: “judicial elections shall remain nonpartisan.”
Supporters and Opponents
Montana’s judicial elections have been nonpartisan since 1935. CI-132 supporters include the ACLU, the Montana Trial Lawyers Association and nine retired Montana Supreme Court justices.
Caitie Butler, spokesperson for Montanans for Nonpartisan Courts, said supporters believe judicial decisions should be based on legal standards rather than party affiliation.
“Montanans believe that judges and justices should rule based on the facts and the law,” Butler said.
The Montana GOP and the Montana Family Foundation oppose CI-132. Opponents characterize the initiative as an anti-transparency measure backed by out-of-state special interests and argue that it conflicts with the First Amendment of the United States Constitution.
Effect of the Vote
If approved, CI-132 would keep Montana judicial elections nonpartisan and supporters say changing that provision would require another constitutional initiative.
If voters reject it, the Legislature could revisit partisan labels for judicial candidates. The discussion would likely focus on Supreme Court races, although State Rep. Greg Overstreet, R-Stevensville, has also mentioned District Court judges at the county level and justices of the peace.
Overstreet supports allowing Supreme Court candidates to run with labels such as Republican, Democrat, Libertarian or Green. He said his 33 years as an attorney have not led him to view cases as belonging to a political party.
“I don’t think I’ve ever seen a Republican case or a Democrat case,” Overstreet said.
Campaign Background
The debate follows House Bill 39, enacted in 2025. The law allows political parties to donate just under $90,000 to judicial candidates.
The Montana Voter Information Pamphlet contains the arguments for and against CI-132 on pages 6 through 10.