Montanans for Nonpartisan Courts submitted more than 100,000 signatures to county officials on June 10, seeking to qualify a ballot initiative for the 2026 ballot. The initiative proposes to amend the Montana Constitution to permanently establish nonpartisan judicial elections.

Montana requires 60,241 signatures to qualify an initiated constitutional amendment for the ballot, representing 10% of votes cast in the most recent gubernatorial election. Petition proponents must also collect signatures from 10% of qualified electors in at least 40 of the state's 100 legislative districts to satisfy distribution requirements. The deadline for submitting signatures to county officials is June 19, and county officials must file certified petitions with the secretary of state by July 17.

Montana has utilized nonpartisan judicial elections since 1936. If voters approve the November amendment, establishing partisan judicial elections would require a separate voter-approved constitutional amendment. Montana began electing judges in 1889 following the ratification of its first state constitution, initially through partisan elections. The Montana Legislature reinstated nonpartisan judicial elections in 1935 after the state Supreme Court had ruled a 1909 nonpartisan judicial election law unconstitutional in 1911.

The initiative has received endorsements from several organizations and individuals, including the ACLU of Montana, Planned Parenthood Advocates of Montana, Montana AFL-CIO, and Montanans for Fair and Impartial Judges. Nine former state supreme court justices have also endorsed the measure. Retired Supreme Court Justice Mike McGrath said, "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 passed a resolution in April formally opposing the ballot initiative. The party 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."

Montana voters last considered a constitutional amendment concerning state judicial elections in 1992. That year, a legislatively referred constitutional amendment, which authorized the state legislature to establish laws for electing state supreme court justices and district court judges and to create procedures for filling judicial vacancies, was approved with 74% of the vote. Currently, seven justices serve on the Montana Supreme Court, selected through nonpartisan elections to eight-year terms, while forty-six judges sit on the Montana District Courts and are chosen through nonpartisan elections for six-year terms. Twelve initiatives were proposed for the 2026 Montana ballot, though no measures have been certified to date.