HB 646: Elect supreme court by districts - Montana

HB0646 Legal Review Note.pdf → HB0646_1(2).pdf · 4 edits

MODERATE

The bill was restructured to shift from a legal review note to an active legislative act that establishes seven geographic districts for electing Montana Supreme Court justices. This change directly addresses previous court rulings that blocked similar district-based election plans by explicitly citing constitutional authority and historical precedent to support the new system.

Scope change

The bill's scope expanded from a passive legal analysis to an active mandate requiring the creation of specific judicial districts and the amendment of state statutes to govern district-based elections.

REQUIREMENT

Added a statutory requirement to divide the state into seven specific Supreme Court districts based on county lines to ensure equal population representation.

TIMELINE

Established a transition plan effective after the 2032 general election to assign current justices to specific districts and mandate future elections within those districts.

ELIGIBILITY

Modified the election process for Supreme Court justices from a statewide-at-large system to a district-based system, requiring candidates to run in specific geographic areas.

DEFINITION

Added detailed definitions listing the specific counties included in each of the seven new judicial districts.

HB0646_1(1).pdf → HB0646 Legal Review Note.pdf · 3 edits

MINOR

The document is a legal review note attached to a bill that proposes electing Supreme Court justices by district rather than statewide. The review explains that this proposal is likely unconstitutional because previous attempts to change the election method were struck down by the Montana Supreme Court, which ruled that the state Constitution requires justices to be elected statewide and that the court should not represent specific regional interests.

Scope change

The bill's scope is to fundamentally change how Supreme Court justices are selected from a statewide election to a district-based election, but the legal review indicates this scope is legally invalid under current state law.

REQUIREMENT

Removed the original bill text that proposed amending the law to elect justices by district, as this change was deemed unconstitutional by the courts.

Added a legal analysis explaining that the proposed district-based election violates the Montana Constitution and precedents set by previous court rulings.

ENFORCEMENT

Added a disclaimer stating that the legal review is not a binding opinion and that the bill may be unconstitutional as drafted.

LC2937.pdf → HB0646_1.pdf · 2 edits

MINOR

The bill text was updated to reflect a change in the bill number from LC 2937 to HB 646.1. A substantive amendment was made to the eligibility rules for Supreme Court justices seeking election in a different district, clarifying that a justice must resign their current seat effective on the date they file for the new election.

Scope change

The bill's scope remains focused on Supreme Court justice elections, but the specific eligibility requirements for cross-district candidacies were modified.

ELIGIBILITY

Clarified that a Supreme Court justice seeking election in a different district must resign their current seat effective on the date they file for the new election.

TECHNICAL

Updated the bill identifier from LC 2937 to HB 646.1 throughout the document header and footers.

Elect supreme court by districts

What changed between versions

How they voted

Actions timeline

Sponsors