Three ballot initiatives were certified for the November ballot on Aug. 17 in Montana. The initiatives address judicial elections, the initiative and referendum power, and political spending by artificial persons.
CI-132 is a constitutional amendment that would provide that judicial elections remain nonpartisan. Montana has elected its judges since 1889, when it ratified its first constitution and became a state. Initially, they were chosen in partisan elections. The law was changed to create nonpartisan elections in 1909, but that change lasted only one election cycle, as the Supreme Court found the nonpartisan system unconstitutional in 1911. The state legislature adopted nonpartisan judicial elections again in 1935, and the state has used the method since 1936.
Methods of judicial election vary across the country but can be classified as partisan elections, nonpartisan elections, or retention elections. Twenty-five states use a single method (partisan, nonpartisan, or retention); seventeen states use a combination of the three; and eight states don't have judicial elections. In total, 19 states use partisan elections, 21 states use nonpartisan elections, and 21 states use retention elections.
Montanans for Nonpartisan Courts sponsored the initiative. The campaign has reported over $3.3 million in contributions through June 25. Retired Supreme Court Justice Mike McGrath endorsed the initiative, saying, “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.”
The Montana Republican Party opposes the initiative. In a statement, it said, “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.”
CI-133 is also a constitutional amendment that would add the initiative and referendum power to the state's Declaration of Rights; require any government abridgment of the right to meet the judicial standard of strict scrutiny; and provide that the initiative process is "impartial, predictable, transparent, and expeditious." CI-133 would state that the right includes but is not limited to:
- proposing a ballot initiative by filing the full text of the measure, with the government allowed to modify the language "only if they are not a true and impartial explanation expressed in plain, easily understood language;"
- requiring legal challenges to the ballot language be resolved within 90 days of being filed;
- allowing for "reasonably ample time to gather signatures without unjustified burdens on signature gathering;"
- verifying signatures and petitions without the invalidation of a signature or petition due to a technical or minor deficiency;
- allowing the withdrawal of a signature prior to the deadline for initiatives to submit signatures; and
- requiring legal challenges surrounding the ballot initiative to be resolved prior to the ballot finalization deadline.
In 2026, voters will decide at least seven ballot measures in six states related to adding requirements or restrictions to the initiative and referendum process. The Montana initiative is the first measure certified for the 2026 ballot that would expand or preserve the initiative process.
Montanans Decide is leading the campaign supporting the initiative. The committee reported over $2 million in contributions. SK Rossi, spokesperson for Montanans Decide, said, "Montanans understand the value of the ballot initiative process itself, even if they don't understand necessarily the nitty-gritty. ... I think that it's a nonpartisan issue. The ballot initiative process is for everyone. Folks across the political spectrum use it. This year they attempted to get a property tax initiative placed on the ballot and weren't able to do so because the process has become so cumbersome and the timeline for gathering signatures has become so short."
State Rep. Braxton Mitchell (R-5) opposes the initiatives, specifically the language invalidating signatures for technical or minor deficiencies. He said, "I think we’re opening the door to endless litigation and leaving it up to courts to decide where the line is."
To qualify an initiated constitutional amendment, petitioners were required to submit valid signatures equal to at least 10% of the qualified electors in each of two-fifths (40) of the state's 100 legislative districts. For the 2026 cycle, this amounted to 60,241 valid signatures.
I-194 is an initiated state statute that would prohibit artificial persons from contributing to campaigns, ballot measure elections, or political parties. Artificial persons would be defined as an entity whose existence, legal status, or limited liability shield is conferred by the laws of the state of Montana, including entities headquartered outside of the state that are authorized to transact in Montana or own property in the state. If an entity engages in political spending, it would forfeit all corporate charter privileges (including limited liability, perpetual duration, succession in entity name, and any statutory limitation on personal liability conferred by Montana law). To regain its charter privileges, the entity must give up all money or things of value expended, contributed, or transferred in the exercise of political spending power; certify future compliance with the law; and satisfy any other conditions that the legislature or other state authority may prescribe.
The Transparent Election Initiative PAC is leading the Yes on I-194 campaign. The committee behind the campaign reported $305,000 in contributions. Former Gov. Steve Bullock (D) endorsed the initiative, saying, "The [initiative] unties our hands by letting Montanans decide what corporations have the power to do in our state. This honors our history of fair play and returns the power back to the voters, where it belongs."
Montanans for Free Speech is leading the campaign against the initiative. The campaign said, "I-194 would prohibit businesses, nonprofits, trade associations, cooperatives, and other organizations from participating in ballot initiative campaigns in Montana. Full stop. At the same time, I-194 places no limits whatsoever on wealthy individuals. Out-of-state billionaires retain unlimited free speech rights under this initiative. In the 2024 election cycle alone, 300 billionaires spent more than $3 billion influencing elections across the country. None of that is touched by I-194. Real campaign finance reform holds everyone to the same standard. I-194 does not."
In 2012, Montana voters decided on I-166, a ballot initiative to establish a state policy that corporations do not have constitutional rights and to charge elected state and federal officials in Montana with implementing that policy by prohibiting campaign finance contributions by corporations. It also proposed charging federal representatives to propose a U.S. constitutional amendment to nullify the Citizens United decision, which held that corporate funding of independent political broadcasts in candidate elections cannot be limited. I-166 passed by a margin of 75% to 25%, but a state court overturned it.
To qualify an initiated state statute, petitioners submitted signatures equal to 5% of the qualified electors in each of one-third (34) of the state's 100 legislative districts. For the 2026 cycle, that was equal to 30,121 valid signatures.
The three initiatives are the first to qualify for the ballot in Montana. Between 2010 and 2024, an average of 21 ballot initiatives were filed each cycle in the state, with an average of two ultimately certified for the ballot.
