On March 28, a new bill to create a top-two primary for Montana was introduced. SB 408, though not a proposed state constitutional amendment, would ask the voters if they wish to pass the measure. Because it goes to the voters, it does not need to be signed by the Governor. If it passes, it will be on the 2014 ballot.
On April 2, SB 408 passed the Senate Public Health, Welfare and Safety Committee by a vote of 4-3. All Republicans on the Committee voted “Yes” and all Democrats voted “No.”
The bill appears faulty because it doesn’t re-define “political party.” Currently, in Montana, parties are groups that polled at least 5% (of the winning gubernatorial candidate’s vote total) for any statewide race. It appears that if the bill were enacted, the Democratic and Republican Parties would remain on the ballot because they always poll 5% for President (top-two bills never try to change presidential elections). But there would be no way for a party to remain ballot-qualified unless it could poll 5% for President, because under the bill, except for President, parties wouldn’t have nominees.
No one testified against the bill in committee, except the Secretary of State, because opponents did not know about the bill. The bill is being pushed forward by Republicans who are angry that the Libertarian Party held the balance of power last year in both the gubernatorial election and the U.S. Senate election, and Democrats won both.