On February 18, the Montana House State Administration Committee passed HB 521 by a vote of 12-6. This bill converts all Montana judicial elections to partisan elections. Currently, state judges who desire another term appear on the ballot with a “Yes” and “No” space next to their names, and voters can choose either to retain that judge or reject him or her. When a judicial seat becomes vacant, Montana holds candidate-against-candidate elections, but these are non-partisan elections.

If the bill passes, there will be no more retention elections. All judges would need to run for re-election in partisan elections. The bill is opposed by the Montana Judges Association and the Montana Bar Association.

The Washington State Constitution, Article II, section 15, says when a state legislator resigns or dies, there is no special election to replace him or her. Instead, the County Commissioners of that county choose a new legislator. However, the County Commissioners must choose one of three people suggested by the Precinct Committee Officers of “the same political party.” If the County Commissioners fail to choose one of the three party-chosen nominees within 60 days, they lose the ability to choose, and instead the Governor must choose one from that same list of three names.

On January 4, 2011, State Senator Bob McCaslin (R-Spokane Valley) resigned for health reasons after thirty years in the legislature. He was in the middle of his four-year term. On January 15, the Republican Precinct Committee Officers from that district chose three names, and on February 11, the County Commissioners chose one of them.

Starting in 2008, Washington state has used the “top-two” system, in which parties don’t have nominees, and in which any candidate can choose any short, non-obscene party label. Washington state does not have registration by party. This system does not fit very well with the State Constitution’s procedure for filling legislative vacancies, since the Constitution presumes that all state legislators were party nominees. Senator McCaslin had been a Republican nominee many times before 2008, and his ballot label in 2008 had been “I prefer the Republican Party.” But some major party legislators have chosen labels that don’t match the major party names exactly. For instance, in 2010, Representative Christopher Hurst had “Prefers Independent Dem. Party” on the ballot. In 2008, Representative Brendan Williams had “Prefers Progressive Dem. Party” on the ballot. If either of them had resigned, it is not completely obvious that the Democratic Party’s Precinct Officers would have been authorized to choose replacement nominees. Thanks to Robert W. Peck for this news.

Even forgetting about Washington state’s transition to the top-two system in 2008, the Washington Constitution has long been deficient for not acknowledging that the state might have a legislator who is an independent, or a member of a party that isn’t entitled to elect Precinct Committee Officers.

According to this story, a committee appointed by the Egyptian military to suggest constitutional amendments will include easier ballot access. Current law says an independent candidate for President needs 250 signatures of members of Parliament or local councils. Because Hosni Murbarik’s party, the National Democratic Party, held virtually all these offices, it was in reality impossible for an independent presidential candidate to get on the ballot.

The committee will also include easier ballot access for parties. Under the old system, no party could get on the ballot unless it was approved by a committee controlled by the National Democratic Party.