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Montana LR-132, Electing Supreme Court Justices by Districts and Chief Justice Selection Measure (2022)
| Montana LR-132 | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic State judiciary | |
| Status Not on the ballot | |
| Type State statute | Origin State legislature |
The Montana LR-132, the Electing Supreme Court Justices by Districts and Chief Justice Selection Measure, was not on the ballot in Montana as a legislatively referred state statute on November 8, 2022.[1]
The Montana State Legislature referred LR-132 to the ballot. On March 21, 2022, the Montana 2nd Judicial District Court ruled that the measure had to be removed from the ballot. See the lawsuit overview below.
A "yes" vote would have supported amending state statute to require that the seven state Supreme Court justices be elected by district and providing for the selection of the chief justice by a majority vote of the justices beginning with the general election of 2024. |
A "no" vote would have opposed amending state statute, thereby maintaining that state Supreme Court justices are elected in a general statewide nonpartisan election or are appointed by the governor following a midterm vacancy. |
Overview
How would LR-132 have changed the election of state Supreme Court justices?
- See also: Measure design
LR-132 would have amended state statute to require the seven state supreme court justices to be elected by district beginning with the general election of 2024. It would also have required the chief justice to be selected by a majority vote of the supreme court justices after the general election of 2024. The Montana State Legislature would have been required to review the districts after the decennial census to ensure the districts contain approximately the same number of residents without dividing counties. As of 2022, Montana Supreme Court justices serve eight-year terms following a general statewide nonpartisan election.
The measure would have not removed any sitting state supreme court justice. Associate justices would have been assigned district numbers according to their seat number, and the chief justice would have been assigned the seventh district. Associate justices would have been able to seek re-election in the district assigned to them or resign from their current district to file to run in another district.
As of 2022, four states—Illinois, Kentucky, Louisiana, and Mississippi—have state supreme courts that represent districts.
Who supported and opposed the measure?
- See also: Support and Opposition
LR-132 was sponsored by State Representative Barry Usher (R). He said, "I think it would help get our Supreme Court a little more aligned with our electorate."[2]
The vote to refer LR-132 to the ballot was largely along party lines with four Republican legislators joining the Democratic minority in voting against the bill. Kimberly Dudik, chief executive officer and co-founder of the Public Policy Institute of the Rockies said, "This changes a process existing since Montana was founded in the late 1800s and politicizes the judicial process, making it about partisan politics instead of justice."[3]
How did LR-132 relate to LR-119 that was removed from the ballot in 2012?
In 2012, the Montana legislature referred LR-199, which would have required by-district elections for state Supreme Court justices. The measure was removed from the 2012 ballot by District Court Judge James Reynolds after a group of voters filed a lawsuit against the measure. The lawsuit argued that the measure deprived Montana voters of the right to vote for all state supreme court justices. Judge Reynolds said that the measure, which required supreme court candidates to live inside proposed regional districts, would contradict the state constitution. Judge Reynolds' decision was upheld by the Montana Supreme Court.
Measure design
- See also: Text of measure
Click on the arrows (▼) below for summaries of the different provisions of Montana LR-132 and a map of the seven supreme court districts.
Election of Montana Supreme Court justices by district: District divisions by county
- First District: Blaine, Cascade, Chouteau, Fergus, Hill, Judith Basin, Liberty, Pondera, Teton, and Toole Counties;
- Second District: Big Horn, Carbon, Carter, Custer, Daniels, Dawson, Fallon, Garfield, Golden Valley, McCone, Meagher, Musselshell, Park, Petroleum, Phillips, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Sweet Grass, Treasure, Valley, Wheatland, and Wibaux Counties;
- Third District: Yellowstone County;
- Fourth District: Beaverhead, Broadwater, Deer Lodge, Granite, Jefferson, Lewis and Clark, Powell, and Ravalli Counties;
- Fifth District: Flathead, Glacier, Lincoln, and Sanders Counties;
- Sixth District: Gallatin, Madison, and Silver Bow Counties; and
- Seventh District: Mineral, Missoula, and Lake Counties.
The following map displays the proposed district lines.
Existing statewide election process: How justices are elected
As of January 2021, four judges were elected in nonpartisan elections, two judges were appointed by a Democratic governor, and one judge was appointed by a Republican governor.[4]
Implementation of measure: Impact on justices serving
The Montana State Legislature would have been required to review the districts after the decennial census to ensure the districts contain approximately the same number of residents without dividing counties.[4]
Text of measure
Ballot question
The ballot question would have been as follows:[4]
| “ |
An act establishing supreme court districts; providing for the selection of the chief justice; providing that the proposed act be submitted to the electorate at the 2022 general election; amending Section 3-2-101, MCA; and providing an effective date and an applicability date. [ ] YES on Legislative Referendum [ ] NO on Legislative Referendum[5] |
” |
Full text
The full text of the measure can be read below:[4]
Support
Supporters
Officials
- State Rep. Brandon Ler (R)
- State Rep. Barry Usher (R)
Arguments
Opposition
If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Opponents
Officials
- State Sen. Jen Gross (D)
Former Officials
- State Rep. Kimberly Dudik (D)
Organizations
Arguments
Campaign finance
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Montana LR-119: Supreme Court Elections Question (June 2012)
The state legislature referred LR-199 to the 2012 ballot. The state statute would have required that state supreme court justices be elected from seven districts of approximately equal population. The measure was introduced in the state legislature as Senate Bill 268 (SB 268). It was passed by the state Senate on February 18, 2011, by a vote of 30-20. It was passed by the state House on April 7, 2011, by a vote of 59-40 with one absent. The vote was largely along party lines in both chambers with Republicans in the majority and Democrats in the minority.[6]
On March 12, 2012, the measure was removed from the 2012 ballot by District Court Judge James Reynolds after a group of voters filed a lawsuit against the measure. The lawsuit argued that the measure deprived Montana voters of the right to vote for all state supreme court justices. Judge Reynolds said that the measure, which required supreme court candidates to live inside proposed regional districts, would contradict the state constitution. The supporters of the measure appealed the ruling to the Montana Supreme Court. The supreme court upheld the lower court's decision in a 6-1 ruling.[7][8]
The 2022 measure would not have required that justices live in the district in which they wish to represent.[4]
Montana Supreme Court
- See also: Montana Supreme Court
Selection
Founded in 1889, the Montana Supreme Court is the state's court of last resort and has seven judgeships. Montana Supreme Court justices serve eight-year terms following a general election. In the event of a midterm vacancy, the governor is responsible for appointing a new judge.[9][10] Once confirmed by the Montana Senate, the judge holds office until the next general election, when he or she will be able to run for re-election to complete the remainder of the unexpired term.[11][12][13][14]
On March 16, 2021, Gov. Greg Gianforte (R) signed a bill changing the judicial selection process for midterm vacancies on the state supreme court and in the state's district courts. Previously, the governor appointed a new judge from a list compiled by the Montana Judicial Nominating Commission. The new law effectively dissolved the Commission's role in the process.[9]
Jurisdiction
Since Montana does not have an intermediate appellate court, the state supreme court hears appeals from all of the district courts across the state, as well as from the workers' compensation and water courts. Because of the right of all people to appeal, the Montana Supreme Court has no discretion to turn down appeals of lower court decisions.[15]
The supreme court also has original jurisdiction, meaning it may hear and decide original cases, as opposed to appellate cases. It may exercise original jurisdiction over writs of habeas corpus and has supervisory control over lower courts, according to the Montana Constitution. It may also exercise original jurisdiction in cases that have not gone to the district courts, as long as there are no facts in dispute and the case presents only legal or constitutional questions.[16]
State supreme courts that represent districts
Four states—Illinois, Kentucky, Louisiana, and Mississippi—have state supreme courts that represent districts.
The Illinois Supreme Court has seven judgeships. Justices on the court are elected to 10-year terms in partisan elections. Each justice represents one of the five judicial districts in Illinois. The First District, which consists of Cook County and the City of Chicago, elects three of the justices; the remaining four choose one each. Justices must reside in the district that elects them.
The Kentucky Supreme Court also has seven judgeships. Judges are elected to eight-year terms in nonpartisan elections. Each justice represents one of seven judicial districts and must reside in the district they represent.
The Louisiana Supreme Court has seven judgeships. The court has seven justices that are elected for 10-year terms in partisan elections from seven districts. Justices must reside in their respective district for at least one year before the election.
The Mississippi Supreme Court has seven judgeships. Nonpartisan elections are staggered to ensure that all nine justices are never up for election at the same time. The justices serve eight-year terms, and the court consists of one chief justice, two presiding justices, and six associate justices. Three justices represent each of the state's three supreme court districts.
Judicial selection in the states
Methods of judicial selection vary substantially across the United States.[17] Though each state has a unique set of guidelines governing how they fill their state and local judiciaries, there are five main methods:
- Partisan elections: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan elections: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Legislative elections: Judges are selected by the state legislature.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list. After serving an initial term, the judge must be confirmed by the people in a yes-no retention election to remain on the court.[18]
Supreme court selection by state
The map below highlights selection methods in state supreme courts across the country.
State chief justices
Chief justices of the state supreme courts act as head of the judiciaries in their states, in addition to serving as a justice on the court.
Each state has different laws providing for the selection of its chief justice(s). Ballotpedia has categorized four methods of selection, as follows:
- Appointment: chief justices are appointed to the position by the governor, state legislature, or other body
- Chamber vote: the court's justices choose a chief justice from amongst themselves
- Popular vote: chief justices are elected to the position by voters in the state
- Seniority: the chief justice is determined based on their length of service on the court
Ballotpedia tracked the following ballot measures related to the Montana Supreme Court:
Montana Selection of Judges and Justices, C-22 (1992): The measure revised the laws of election and selection of judges and justices.- Montana Discipline of Judges, C-13 (1984): The measure allowed the Supreme Court to discipline a judge or justice for violation of canons of judicial ethics adopted by the court.
- Montana Salaries of Justices, Amendment 1 (1964): The measure removed a provision that salaries of Supreme Court and District Court judges not be increased during the term of office as well as other obsolete provisions relating to salaries.
Path to the ballot
In Montana, a simple majority is required in both chambers of the state legislature to place a legislatively referred state statute on the ballot.
This measure was introduced as House Bill 325 (HB 325) on February 4, 2021, by Rep. Barry Usher (R). The Montana House of Representatives approved HB 325 in a vote of 63-36 with one absent on February 19. The vote was largely along party lines with four Republicans voting against it. It was introduced in the Montana State Senate on February 20, 2021. The Senate passed the measure with amendments on April 23 by a vote of 29-21. The vote was largely along party lines with two Republicans in the minority. The House concurred on April 26 by a vote of 65-34 with one absent.[1]
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Lawsuit
| Lawsuit overview | |
| Issue: Whether the ballot measure denies Montana voters the right to vote for all seven Supreme Court justices | |
| Court: Montana 2nd Judicial District Court | |
| Ruling: Ruled in favor of plaintiffs; the measure is unconstitutional | |
| Plaintiff(s): Sister Mary Jo McDonald, Lori Maloney, Fritz Daily, Bob Brown, Dorothy Bradley, Vernon Finley, Mae Nan Ellingson, and the League of Women Voters of Montana | Defendant(s): Montana Secretary of State Christi Jacobsen (R) |
| Plaintiff argument: The measure violates Montana voters' right to vote for all seven Supreme Court justices. | Defendant argument: Voting by district for state Supreme Court justices will better represent the different populations of the state. |
Source: Daily Montanan
On March 6, 2021, a lawsuit was filed in Montana 2nd Judicial District Court against the constitutionality of the ballot measure. The lawsuit filed by a group of voters and the League of Women Voters of Montana argues that the measure violates the right of Montana voters to vote for each state Supreme Court justice. The lawsuit says, "Given this statewide jurisdiction, it would be incongruous to interpret the Constitution as contemplating a Supreme Court made up of justices who are elected from districts and implicitly 'represent' regional interests. Such an interpretation would be inimical to the judicial function."[21]
On March 21, 2022, District Court Judge Peter Ohman ruled that the state constitution requires Supreme Court justices to be elected statewide and therefore the legislature's proposed law is unconstitutional and cannot appear on the November ballot. He said, "[the legislative] body was free to submit a constitutional amendment to electors, however, it did not do so." He also said allowing the measure to proceed to a vote and then later strike it down would be a waste of state resources and deceive voters.[22]
The attorney general appealed the decision. On June 14, 2022, the Montana Supreme Court signed an order denying a request from the secretary of state to recuse the chief and associate justices from the appeal.[23]
On August 12, 2022, the Montan Supreme Court upheld the lower court's ruling in a 5-2 decision keeping the measure off the ballot. Chief Justice Mike McGrath wrote, "[The measure] would deny Montana voters a say in the identity of six out of the seven individuals responsible for such weighty decisions affecting their lives."[24]
How to cast a vote
- See also: Voting in Montana
Click "Show" to learn more about voter registration, identification requirements, and poll times in Montana.
| How to cast a vote in Montana | |||||
|---|---|---|---|---|---|
Poll timesIn Montana, polling place must be open from 7:00 a.m. to 8:00 p.m., although in areas with fewer than 400 registered voters, polling places may open as late as 12:00 p.m.[25] Registration
To register to vote in Montana, each applicant must be a citizen of the United States, a non-temporary resident of Montana for at least 30 days prior to the election, and at least 18 years old by the day of the election.[26] People serving a felony sentence in a penal institution and those who have been declared by a court to be of unsound mind are not eligible to vote.[27] An individual can register to vote in person by completing a registration application at their county election office. They can register by mailing the application to their county election administrator or submitting it when applying for or renewing a driver’s license or state ID. Applicants may also register to vote at their county election offices, certain designated locations, or at their designated polling location on Election Day.[27][28] Automatic registration
Montana does not practice automatic voter registration. Online registration
Montana does not permit online voter registration. Same-day registration
Montana allows same-day voter registration. An eligible voter may register before noon on Election Day.[29] Residency requirementsIn order to register to vote in Montana, applicants must have lived in the state for at least 30 days prior to the election. Montana law says an individual does not gain residency if they relocate for, "temporary work, training, or an educational program, without the intention of making that county or the state the individual's permanent home at the conclusion of the temporary work, training, or educational program."[30] Verification of citizenshipMontana does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[31] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe site My Voter Page, run by the Montana secretary of state’s office, allows residents to check their voter registration status online. Voter ID requirementsMontana requires voters to present identification while voting. Montana's voter identification requirements are outlined in Section 13-13-114 of Montana Code. The law states, "Before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification showing the elector's name that is current, valid, and readable:"[32]
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See also
External links
Footnotes
- ↑ 1.0 1.1 Montana State Legislature, "HB 325," accessed February 22, 2020
- ↑ Montana Free Press, "A court divided," accessed August 3, 2021
- ↑ Bozeman Daily Chronicle, "Bills threaten independent courts," accessed August 2, 2021
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 Montana State Legislature, "Text of HB 325," accessed February 22, 2020
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Legiscan, "Senate Bill 268 (2011)," accessed April 27, 2021
- ↑ Missoulian, "Montana legislators move to keep Supreme Court referendum on ballot," January 10, 2012
- ↑ Great Falls Tribune, "Montana's high court blocks initiative on justices' locations," April 12, 2012
- ↑ 9.0 9.1 The Montana Free Press, "Gianforte signs bill allowing governors to appoint judges to vacant seats," March 17, 2021
- ↑ The Montana Standard, "Gianforte signs bill granting himself power to appoint judges upon vacancies," March 16, 2021
- ↑ American Judicature Society, "Methods of Judicial Selection: Montana," accessed July 31, 2014
- ↑ Montana Constitution
- ↑ Montana Legislature, "Montana Constitution: Article VII Section 8," accessed December 9, 2014
- ↑ Montana Courts, "Judicial Branch," accessed March 21, 2014
- ↑ Montana Judicial Branch, "About Us," accessed July 15, 2014
- ↑ Montana Judicial Branch, "About Us," accessed July 15, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection," archived February 2, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," June 2008
- ↑ Since Montana requires a two-thirds (66.67%) vote of all members of the legislature taken together, as long as there are enough yes votes in the first chamber to make passage possible (i.e. technically 50 in the House and 0 in the Senate), the proposal moves to the next chamber. However, a vote of lower than a two-thirds majority in the first chamber requires a vote of more than two-thirds in the second chamber.
- ↑ Since Montana requires a two-thirds (66.67%) vote of all members of the legislature taken together, as long as there are enough yes votes in the first chamber to make passage possible (i.e., 50 in the House and 0 in the Senate), the proposal moves to the next chamber. However, a vote of less than a two-thirds majority in the first chamber requires a vote of more than two-thirds in the second chamber.
- ↑ Daily Montanan, "Another bill reshaping judiciary faces lawsuit," May 6, 2021
- ↑ KHQ, "Montana high court election changes ruled unconstitutional," March 22, 2022
- ↑ Montana Standard, "Montana Supreme Court won't disqualify itself in case on electing justices by region," June 15, 2022
- ↑ KTVH, "Montana Supreme Court rules justice election ballot measure unconstitutional," August 12, 2022
- ↑ Montana Code Annotated 2023, "§ 13-1-106. Time of opening and closing of polls for all elections -- exceptions," accessed June 10, 2025
- ↑ Montana law says an individual does not gain residency if they relocate for "temporary work, training, or an educational program, without the intention of making that county or the state the individual's permanent home at the conclusion of the temporary work, training, or educational program." See HB 413 from 2025 for more information.
- ↑ 27.0 27.1 Montana Secretary of State, “Montana Voter Registration Application,” accessed June 10, 2025
- ↑ Montana Motor Vehicle Division, “Additional Considerations when Getting Your License or ID,” accessed June 10, 2025
- ↑ Montana Legislative Services, "SB 490: Revise election laws regarding late registration," accessed June 9, 2025
- ↑ Montana Legislative Services, "HB 413: Revise election laws regarding residency," accessed June 9, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Montana Code Annotated 2023, "§ 13-13-114. Voter Identification And Marking Precinct Register Book Before Elector Votes -- Provisional Voting," accessed June 9, 2025
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