Constitutional Initiative No. 132 - A Constitutional Amendment Proposed By Initiative Petition

BALLOT LANGUAGE

CI-132 amends the Montana Constitution to require that judicial elections remain nonpartisan.

WHAT IT MEANS

Yes

A “Yes” vote would amend the Montana Constitution to require nonpartisan judicial elections.

No

A “No” vote would keep current Montana Statute which requires nonpartisan judicial elections but would not include the requirement in the Montana Constitution. 

ARGUMENTS FOR AND AGAINST

Yes

"Judges should be elected based on their record and qualifications, not politics.

CI-132 is a simple initiative that puts one sentence into Montana’s constitution: “judicial elections in Montana shall remain nonpartisan.” Montana began electing judges in nonpartisan elections in 1935 in response to Montana's powerful Copper Kings who were buying judges to rule in their favor. This simple measure protects that long-standing tradition so we can keep judges accountable to the people’s interests, not deep-pocketed political interests. 

Most Montanans interact with judges in family, traffic, civil, and criminal courts, which decide everything from child custody to employment and property disputes. There is no Republican or Democratic way to handle these cases - there’s only the law. Mixing politics with these cases will hurt Montanans who just want a fair and impartial hearing without worrying about politics. 

Politics doesn’t belong in our courts, but politicians in Helena recently passed HB39, a law allowing political parties to make financial contributions of nearly $90,000 to Montana judges. That’s a dangerous step toward making judges cater to political parties. We need to protect impartial courts and keep them accountable to the Constitution, not political parties and their money.” - Montanans for Nonpartisan Courts 

“This ballot measure protects Montana's long-standing tradition of selecting judges based on the person, not the party. 

Montanans believe in voting for the person, not the party 

Judges should be elected based on their record and qualifications, not their political party. Montanans have been electing judges in non-partisan elections since 1935. 

Politicians in Helena are actively trying to take control of Montana’s court system by passing laws that inject party politics into our judicial system. We need to protect our courts from the threat of political control and ensure that judges remain nonpartisan. This ballot measure protects our long-standing tradition of selecting judges based on the person, not the party.” - ACLU of Montana

No

"...contrary to the false pretenses of the proposed text of CI-132, which reads “Judicial elections shall remain nonpartisan,” the Montana Republican Party (MTGOP) believes the current situation clearly demonstrates that so-called “nonpartisan” judicial elections do not remove politics from the judicial process, but serve only to obscure these politics from view, leaving ordinary voters in the dark under the false pretext of nonpartisanship; 

...further evidence of the partisan, Democrat nature of CI-132 is the coalition of organizations bankrolling efforts pushing for CI-132 in Montana. These include, among others: Montana Federation of Public Employees, ACLU of Montana, Catalyst Montana, Forward Montana, Fireweed Campaigns, and Big Sky 55+; all of which are organizations funded by a network of billionaire, out-of-state, far Left donors and dark money interests; the same network which spent $347,000 on Montana Supreme Court races; 

...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; 

...the Montana Republican Party desires to formalize its position regarding CI-132, which it sees as inimical not only to fair and honest elections, but to principles of representative government itself...” - Montana Republican Party 

"CI-132 is not what it seems. It has nothing to do with keeping courts impartial. Actually, it is an anti-transparency measure.

Have you ever been frustrated by the lack of information about the candidates for judge? That’s because the current system—which CI-132 would make permanent—isn’t transparent. It forces Montanans to vote with a blindfold on. It prevents us from learning crucial facts about the candidates. 

We all want impartial courts, and most judges do try to be impartial. But let’s face it: Like most other people, judicial candidates usually have political party preferences. So before we vote, we are entitled to know what those preferences are.

But CI-132 would deny us that information—forever." - Rejection Committee: Robert “Rob” Natelson, David Knobel, Derek Oestreicher, Representative Greg Overstreet, Duncan Scott

ENDORSEMENTS

Yes

Montana Conservation Voters (Liberal)

Montana AFL-CIO (Liberal)

Montana Federation of Public Employees (Liberal)

Planned Parenthood Advocates of Montana (Liberal)

Forward Montana (Liberal)

No

Montana Republican Party (Conservative)

American Family Association (Conservative)

Greg Overstreet (Other)

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

Yes

MONTANA CI-132, REQUIRE NONPARTISAN JUDICIAL ELECTIONS INITIATIVE (2026)

This question is on the ballot in Montana as an initiated constitutional amendment on November 3, 2026. As of September 10, 2026, the committees formed to support Montana CI-132, Require Nonpartisan Judicial Elections Initiative (2026) are:

MONTANANS FOR NONPARTISAN COURTS

Selected contributions to "Montanans for Nonpartisan Courts" include:

  • American Civil Liberties Union Foundation, Inc.
  • A Better Big Sky
  • The Fairness Project
  • American Opportunity Action
  • National Education Association
  • GISWF - Montana
  • The Justice Project
  • American Civil Liberties Union, Inc.
  • ACLU of Montana
  • Western Futures Fund Inc.
  • Catalyst Montana
  • Forward Montana
  • Big Sky 55+
  • Wild Montana
  • Wild Montana Action Fund
  • Northern Plains Resource Council
  • Montana Conservation Voters
  • Montana Federation of Public Employees
  • Planned Parenthood Action Fund
  • Planned Parenthood Advocates of Montana
  • Earthjustice Action

MONTANANS FOR FAIR AND IMPARTIAL JUDGES

Selected contributions to "Montanans for Fair and Impartial Judges" include:

  • Sportsmen and Women of Montana

No

MONTANA CI-132, REQUIRE NONPARTISAN JUDICIAL ELECTIONS INITIATIVE (2026)

This question is on the ballot in Montana as an initiated constitutional amendment on November 3, 2026. As of September 10, 2026, no committee to oppose the amendment has been identified. Thus, there is no record of funds raised to oppose the amendment.

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