Top two candidates would advance in Montana races across party lines

Candidates for listed offices would compete in a top two primary, and the two candidates with the most votes would advance to the general election. The listed offices include federal and state offices, state legislators, and county commissioners. If two or fewer candidates seek to advance, they would move directly to the general election without appearing on the primary ballot. The primary could not be used by a party to nominate or endorse a candidate, and party preference could not limit voter choices. The top two process would apply in the primary before the general election. The bill would take effect upon passage and approval.

Election officials would show party preference on top two ballots and explain how candidates advance. These instructions apply to ballots and voter information for a top two primary. A candidate could list one party preference or no preference; the ballot could not suggest that a party nominated or endorsed the candidate. If a ballot also includes a partisan primary, it would have a separate party choice for that section, and only voters who choose a party could vote in that primary. The information would appear on primary ballots and in the voter information pamphlet.

Political parties would fill certain vacancies when a candidate selected to advance dies, withdraws, or is disqualified before the general election. The procedures cover candidates selected to advance in a top two primary; the bill separately refers to vacancies for governor and lieutenant governor. This applies when a candidate selected to advance listed a party preference; the affected party would appoint a replacement. If the candidate dies less than 85 days before the general election, the party would appoint a replacement within five days after notice. Appointments generally must be made no later than 76 days before the election. A candidate may not officially withdraw within 85 days of it, and a late death requires appointment within five days after notice.