Constitutional Initiative 132: Nonpartisan Judicial Elections

The law today

Montana has elected judges on a nonpartisan basis since 1936, but the practice is not written into the Constitution, so the Legislature could change it at any time. Bills to make judicial races partisan failed in the 2025 session.[5][3]

Arguments made for

• Retired Supreme Court Justice Mike McGrath, who endorsed the initiative, said: “It's simple - judges should be elected based on their record and qualifications alone. Montana citizens deserve to have their cases decided by independent judges, based on the law and facts of each case, without regard to party affiliation.”[2]
• Caitie Butler of Montanans for Nonpartisan Courts said: “Montanans have been voting in nonpartisan judicial elections for over 90 years. We think this is a really fundamental right that Montanans believe in and want to be able to continue to do so by enshrining it in the Constitution.”[4]

Arguments made against

• The Montana Republican Party's statement opposing the initiative: “The MTGOP believes Montana should retain judicial elections, but reform them to be free, fair, and honest by allowing candidates to run with a political designation if they so choose, in keeping with their basic First Amendment rights, as well as giving voters the knowledge they need to make an informed decision.”[2]
• KULR-8 reports that opponents of CI-132 say judicial elections are already partisan, with liberal and conservative groups already backing specific candidates.[4]

On record in support

• Montanans for Nonpartisan Courts, the ballot-issue committee behind CI-132.[3]
• Retired Montana Supreme Court Justice Mike McGrath, who endorsed the initiative.[2]

On record in opposition

• Montana Republican Party, which passed a resolution opposing CI-132 and whose chairman, Art Wittich, said the initiative is an attempt to restrict candidates.[3][2]