Montana Libertarians risk losing ballot access due to pending legislation seeking to dramatically alter the number of signatures necessary to achieve ballot access. Such legislation also aims to raise ballot access requirements for independent campaigns and impose a petitioning fee on all candidates.
Senate Bill 565, introduced by Polson Republican Greg Hertz, would make several sweeping changes to Montana’s ballot access law, most aimed at third parties and independent candidates.
Chief among such changes is raising the number of signatures for newly-qualifying parties from 5,000 registered voters to 5% of the current total registered voters or a roughly 32,000 voter increase based on most recent state data. Newly-qualifying parties also must collect signatures totaling 5% of the vote from at least one-third of Montana’s 100 legislative districts.
For minor parties already in existence, supporters must capture a number of votes equal to 5% of the total registered voters to become eligible for a future primary election. The amended language would change the preexisting requirement of 5% of the votes cast in the last two gubernatorial elections for the most successful candidate. The shift from 5,000 voter signatures to 5% of the total vote also applies to several other scenarios. For example, independent candidates running for state or national office must also meet the increase.
Finally, SB656 seeks to impose a $15 “signature-gathering fee” on all candidates looking to circulate nomination forms. Such a fee would need to be paid by the campaign or candidate before signature collecting would occur.
While the bill would negatively impact all third party efforts moving forward, the Montana Libertarian Party would be especially affected by the immediacy with which it takes effect. Effectiveness would begin upon passage, and applicability would apply to all petitions circulated for elections held after December 31, 2023. Such timing would force the Libertarian Party off the Montana ballot before the 2024 election cycle.
For the Montana Libertarian Party, past statewide election results also show a considerable challenge for supporters moving forward. No Libertarian across the last two statewide elections came close to the requirements that SB656 would usher in if made into law. State Auditor candidate Roger Roots earned the highest number of Libertarian statewide votes in 2020 and 2018, with 31,267 and 28,760 votes, respectively. Alternatively, the last two gubernatorial elections yielded 24,179 votes and 17,312 votes.
A second reading of the bill, which passed the 50-member Montana State Senate yesterday afternoon, saw support fall along heavily partisan lines. Of the 28 senators who voted in favor, all were Republican. In contrast, the 22 senators who voted against were a coalition of 16 Democrats (the entire Senate caucus) and six Republicans.
The Montana Secretary of State’s office lists four recognized political parties—the Republican Party, the Democratic Party, the Libertarian Party, and the Green Party. It is worth noting, however, that the Green Party only qualifies because of Montana Green Party v. Jacobsen, a 2022 ruling that placed the party on the ballot. It has yet to be confirmed if that access will carry over into the next statewide election, as none occurred in the 2022 cycle.
This article is written with thanks to Richard Winger. Readers can view the language of the bill here.
A top-two system is much too restrictive and unnecessary. Voters deserve more choices not less.
I am glad to see an op-ed in the Billings Gazette of April 7, signed by former Governor Marc Racicot, and by the state chair of the Libertarian Party, and by the only independent candidate who was on the 2022 ballot for a congressional seat. It does not condemn the ballot access bill, but it condemns the bill by the same author to have a top-two system for just one office in 2024, which is an alternate way to keep the Libertarian Party off the general election ballot.