Former Montana Rep. Frank Garner speaks about why he’s supporting Constitutional Initiatives 126 and 127 at a forum sponsored by the League of Women Voters in Helena on Oct. 7, 2024 (Photo by Darrelll Ehrlick of the Daily Montanan)
Two ballot initiatives that would change how Montana voting works remained too close to call after the first results from Tuesday’s elections were released, although one appeared slightly more popular than the other.
CI-126 would change Montana’s primaries and have a ripple effect on the general election. At press time, just 46% of voters were saying yes to the initiative, and 54% were saying no.
It would allow for the top four candidates in most races to advance to the general election, regardless of party. Though the system has been referred to as an “open primary,” it’s more accurately called a “jungle primary.” Currently in Montana, the primaries are open to all voters, but Montana residents must choose which party ballot to vote.
Supporters of CI-126 said that it would allow Montanans to select the best candidate, regardless of parties. Opponents said it just adds confusion and uncertainty to the process.
While it was trailing in early results, CI-126 remained close, with 10,151 voting for it, and 11,511 opposed.
CI-127, which is supported by the same backers as CI-126, had 63% of voters opposing it and just 37% in favor at press time. It would require that the top candidate in any race be elected with a majority (50% or more) rather than a plurality. If no candidate receives at least 50% of the vote, then the Legislature would determine how the winner is selected.
Currently, the Montana Legislature has outlawed ranked choice voting, so it would either have to change or repeal the law, or consider another means of selecting a candidate, including a “snap run off,” which would require another statewide election.
CI-127 was running farther behind than its counterpart, with 8,042 supporting it and 13,208 voting against it.
Even though the initiatives were supported by the same group, both do not need to pass to function in law.
For example, if CI-126 passes, it would simply mean that the top four vote-getters, regardless of political party, would advance to the general election. Likewise, if only CI-127 passes, then it would require that the winner of an election receive at least 50%, regardless of how many people are on the ballot.
Constitutional Initiative 126 and 127 were two of three initiatives that could change the Montana Constitution. The other, Constitutional Initiative 128, would enshrine the right to an abortion in the constitution even though the procedure has been legal for years, based on Supreme Court precedent.