Unofficial Draft Copy
**** As of: 11/18/2024, 01:58:28
69th Legislature 2025 Drafter: Rachel Weiss, **** LC 1447
1 **** BILL NO. ****
2 INTRODUCED BY ****
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN
5 AMENDMENT TO ARTICLE VII, SECTION 8 OF THE MONTANA CONSTITUTION TO REQUIRE SUPREME
6 COURT JUSTICES TO BE ELECTED IN NONPARTISAN ELECTIONS; AND PROVIDING AN APPLICABILITY
7 DATE AND AN EFFECTIVE DATE.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 1. Article VII, section 8, of The Constitution of the State of Montana is amended to read:
12 "Section 8. Selection. (1) Supreme court justices and district court judges shall be elected by the
13 qualified electors as provided by law except that supreme court justices must be elected in a nonpartisan
14 election.
15 (2) For any vacancy in the office of supreme court justice or district court judge, the governor shall
16 appoint a replacement from nominees selected in the manner provided by law. If the governor fails to appoint
17 within thirty days after receipt of nominees, the chief justice or acting chief justice shall make the appointment
18 from the same nominees within thirty days of the governor's failure to appoint. Appointments made under this
19 subsection shall be subject to confirmation by the senate, as provided by law. If the appointee is not confirmed,
20 the office shall be vacant and a replacement shall be made under the procedures provided for in this section.
21 The appointee shall serve until the election for the office as provided by law and until a successor is elected
22 and qualified. The person elected or retained at the election shall serve until the expiration of the term for which
23 his predecessor was elected. No appointee, whether confirmed or unconfirmed, shall serve past the term of his
24 predecessor without standing for election.
25 (3) If an incumbent files for election and there is no election contest for the office, the name of the
26 incumbent shall nevertheless be placed on the general election ballot to allow the voters of the state or district
27 to approve or reject him. If an incumbent is rejected, the vacancy in the office for which the election was held
28 shall be filled as provided in subsection (2)."
-1- LC 1447
 Unofficial Draft Copy
**** As of: 11/18/2024, 01:58:28
69th Legislature 2025 Drafter: Rachel Weiss, **** LC 1447
1
2 NEW SECTION. Section 2. Two-thirds vote required. Because [this act] is a legislative proposal to
3 amend the constitution, Article XIV, section 8, of the Montana constitution requires an affirmative roll call vote of
4 two-thirds of all the members of the legislature, whether one or more bodies, for passage.
5
6 NEW SECTION. Section 3. Applicability. [This act] applies to elections for supreme court justice
7 held on or after January 1, 2027.
8
9 NEW SECTION. Section 4. {standard} Effective Date. [This act] is effective upon approval by the
10 electorate.
11
12 NEW SECTION. Section 5. {standard} Submission to electorate. [This act] shall be submitted to
13 the qualified electors of Montana at the general election to be held in November 2026 by printing on the ballot
14 the full title of [this act] and the following:
15 [] YES on Constitutional Amendment ____.
16 [] NO on Constitutional Amendment ____.
17 - END -
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