Committee supports ballot initiative that could change Montana elections

A ballot initiative to change how elections are won in Montana to a majority vote system is a step closer to appearing on the ballot.

Legislators took a 9-1 vote Thursday to support the proposed change in a special State Administration and Veterans’ Affairs Interim Committee meeting. Proponents now need to gather enough signatures– from 10% of the voters of 40 house districts, and 10% of the total citizens eligible to vote in the state– for the issue to go to the voters this November.

Some committee members expressed concern about what they see as lack of clarity in some of the definitions– including to which elections this Constitutional amendment would apply.

“I frankly, think that we’re working fine with things as they are and the Constitution is difficult to change once it has been changed,” said Sen. Wendy McKamey, R- Great Falls– the lone vote against the proposal. “I’m not going to say that we’re treating our constitution like a science project, but it does feel a little bit like it here.”

Proponents said the change in Ballot Issue #13 would make elected officials more accountable to their constituents.

The proposed ballot initiative would amend the constitution from elections determined by a plurality of votes, meaning the majority of votes amongst candidates, to requiring winning candidates to have with 50% plus one of the vote.

If the candidates running for office do not receive a majority of the vote, then it would be up the Legislature to decide how the winner would be determined, which could include something like a run-off.

Proponents argued it would just impact statewide general elections, but Legislative Services Division attorney Andria Hardin said it could be interpreted to apply to different elections.

The ballot language also specifies that winners of tie votes would be determined “as provided by law.” Proponents explained this meant the legislature would be required to determine the method of selecting a winner. Hardin said it could be left to the courts to decide if the legislature fails to determine the tie-race metrics. The initiative language also allows the legislature to expand which races the proposed amendment applies to.

McKamey asked the sponsor of the proposal, former Republican legislator Frank Garner, what was wrong with the current system. Garner said Montanans have told his organization, Montanans for Election Reform, they want a system designed to be more responsive to voters.

“That helps encourage less divisiveness that encourages more collaboration and more support,” Garner said. “And we believe strongly that this initiative does that.”

Montanans for Election Reform were also behind another ballot initiative, Ballot Issue No. 12, introducing a single-ballot primary election, where the top four candidates receiving the most votes, regardless of party, advance to the general election. The issue was before the same committee, but legislators didn’t support the ballot issue on a tie vote.

Ballot Issue 12 could still go before voters if proponents gather the required signatures, but the committee’s rejection of that initiative would be included in the ballot language.

Proponent and former Democrat legislator Tom Jacobson said the majority vote initiative isn’t designed to benefit one party over another.

“Over the last 15 years, four candidates have won statewide in Montana with a plurality but not a majority, less than 50% of the vote two were Democrats and two Republicans,” Jacobson said.

Rep. Ross Fitzgerald, R-Power, said he’s seen less competition in some races, with some elections seeming “automatic” and supported this initiative.

“I think when we look at the bell curve voters in Montana, it looks like the power bosses on the left and the right are a little anxious and fearful about changing things to represent more of the people’s choice, not the party or the special interests choice,” Fitzgerald said.

Attorney General Austin Knudsen deemed the proposal legally sufficient prior to the committee hearing Thursday as the process requires. If proponents gather the necessary signatures, the proposed constitutional amendment will go before the voters on the 2024 ballot.

Nicole Girten is a reporter for the Daily Montanan, a nonprofit newsroom. To read the article as originally published, click here.