Proponents of a top-four or a top-five system have worked to get their idea adopted in many states, but always, these proposals include use of Ranked Choice Voting in the general election. The reason is obvious. A top-four system without ranked choice voting in the general election could result in a general election race between three Democrats and a Republican, or one Democrat and three Republicans. Such an outcome would not be fair to the party with multiple candidates, because that party’s vote would be split up.
Surprisingly, however, some top-four proponents in Montana are trying to qualify an initiative for top-four that does not include ranked choice voting. They have not yet started collecting signatures. They are temporarily blocked because the Attorney General ruled that their proposal violates the single subject rule for initiatives. On October 26, the initiative proponents asked the Montana Supreme Court to overrule the Attorney General. Montanans for Election Reform Action Fund v Knudsen, OP-23-0634.
The Attorney General’s analysis, claiming the initiative violates the single-subject rule, is included in the court filing, which can be seen here. The Attorney General’s analysis seems weak. The initiative appears to me to encompass a single subject.