Montana Voters Will Decide Judicial Ballot Initiative

The November election will determine if nonpartisan judicial elections are enshrined in the state constitution.

Updated on Oct. 6, 2026 in Law

Isometric editorial illustration of a bronze ballot box set against geometric mountain shapes, evoking a nonpartisan voting policy. — Montana voters will decide in November 2026 whether to codify the state's longstanding nonpartisan judicial election system into the state constitution. AI Illustration. Upload story photo >

Live Poll

Should judicial candidates be required to declare their political party affiliation on the ballot?

Montana voters will decide on Constitutional Initiative No. 132 in the November 2026 election. The ballot measure seeks to codify the state's longstanding nonpartisan judicial election system into the Montana Constitution.

Why it matters

Proponents aim to preserve the nonpartisan status of the state judiciary that has existed since 1936. Conversely, opponents argue that allowing political party affiliation provides voters with greater transparency during judicial campaigns.

Constitutional Initiative No. 132 adds a section to Article VII of the state constitution to require nonpartisan judicial elections. This proposal follows 2025 legislative action that permitted political parties to donate directly to candidates.

The players

Montana Republican Party

This political organization officially opposes the adoption of Constitutional Initiative No. 132.

American Civil Liberties Union

This nonprofit organization contributed $1,500,000 to support the passage of the judicial initiative.

Montana Federation of Public Employees

This labor union donated more than $100,000 to the campaign effort for the nonpartisan measure.

National Education Association

This major labor union provided $825,000 to support the initiative campaign.

The details

The initiative represents a push to solidify existing norms into law, as Montana has held nonpartisan judicial contests since 1936. This effort contrasts with the landscape in other U.S. states, where eight states utilize partisan elections for Supreme Court justices.

Montana began holding nonpartisan judicial elections in 1936.
The Legislature debated judicial election bills in 2025.
Voters will decide on the ballot initiative in November 2026.
Republican leaders plan further legislative action in 2027.

Political Context

The push to solidify judicial nonpartisanship marks a clear departure from 2025 legislative shifts that sought to integrate partisan influence into the process. Opponents argue that formalizing political party affiliations would improve voter transparency.

The outcome of this vote will determine whether future judicial candidates in Montana can declare political party affiliations on the ballot. This change would fundamentally alter how citizens evaluate and select judges in every subsequent state election.

The takeaway

Voters face a choice between maintaining long-standing nonpartisan traditions or shifting toward a more transparent, party-aligned system. Citizens should review how their judicial selection process impacts the independence of the court system in their community.

What happens next

Republican leaders have already signaled their intent to pursue further legislative action related to judicial elections in 2027, regardless of the outcome of the November 2026 vote.