Montana voters will decide on November 3 whether to place the state's existing system of nonpartisan judicial elections in the Constitution. Constitutional Initiative 132 would add a new section to Article VII stating, “Judicial elections shall remain nonpartisan.” The Secretary of State certified CI-132 for the general-election ballot on August 17.
The immediate effect would be limited because Montana judicial races are already nonpartisan under state law. Candidate party labels do not appear on the ballot. The constitutional change would matter over time: an ordinary legislative majority could alter the current statute, but changing a constitutional rule would require another vote of the people. A “no” vote would leave today's statutory system in place; it would not, by itself, convert judicial elections to partisan contests.
The official ballot wording emerged from a dispute last year. Attorney General Austin Knudsen sought a longer statement that said the proposal would “mandate” nonpartisan elections and described how party labels would be excluded. In a November 2025 opinion, the Montana Supreme Court rejected that wording as misleading and certified the shorter statement proposed by sponsors. The majority said nonpartisan judicial elections are the legal status quo and noted that Montana has used them for about 90 years. Two justices dissented from portions of the decision, arguing that “remain” could blur the distinction between current statutes and the Constitution.
Supporters say constitutional protection would reinforce public confidence that judges decide cases by law rather than party allegiance. Retired Justice Mike McGrath, one of nine former Montana Supreme Court justices supporting the measure, told Montana Public Radio that litigants expect disputes to be resolved on their merits.
Opponents, including the Montana Republican Party and Republican lawmakers who previously proposed partisan judicial elections, argue party identification can give voters useful information about candidates' legal outlook. Former state Sen. Barry Usher told the same public-radio report that even informed voters can struggle to evaluate judicial contenders. That debate is unfolding alongside a closely watched Supreme Court race and substantial outside spending, according to Associated Press reporting.
The ballot question does not bar parties or political groups from supporting candidates. In 2025, Gov. Greg Gianforte signed House Bill 39, which allows political parties to donate directly to judicial candidates. The governor's signing statement framed the law as protecting speech and helping voters assess candidates. CI-132 addresses the form of the election, not those contribution rules.
Montana's official voter pamphlet includes the three statewide ballot issues and arguments for and against them. Election Day is November 3; the Secretary of State says military and overseas voting is underway and absentee ballots were scheduled to be mailed by October 9. Voters can use VoteMT.gov to check registration, locate polling places and view sample ballots.
