Myth-Busting Open Primaries & Majority-Winner Elections

There are many myths circulating around the state about CI-126 and CI-127, which would implement open primaries and majority-winner elections in Montana. Many of these myths are coming from those who stand to lose some of their power if these initiatives pass: political parties and the candidates that benefit from our current partisan primary structure. But CI-126 and CI-127 will give that power back to the voters, where it belongs.

Here are four myths about CI-126 and CI-127 and the truth about how these initiatives work and why they’re critical for the future of Montana elections.

1. CI-126 creates a “California-style ‘jungle primary.’”

Fact Check: False! Some states, including California and Washington, have implemented a top-two primary where the two candidates receiving the most votes in the primary election, regardless of party, advance to the general election. This often results in two candidates from the same party competing against each other in November (also called “party lockout”). CI-126 does not create a top-two primary. Instead, it creates a top-four open primary, creating more competition in our elections, not less. Voters are able to choose from all candidates, regardless of party, across races. This could therefore advance two Republicans, one Democrat, and one Libertarian, or any combination of candidates who have earned enough support from voters to advance to the general election. Advancing four candidates to the general election means candidates have to work harder to earn our votes and makes the general election, when more voters participate, the most decisive election. Ultimately, CI-126 gives voters more and better choices in our elections.

2. If CI-127 passes, the legislature could pick the winners of elections.

Fact Check: False! Nothing in CI-127 allows the legislature to pick winners and losers. Instead, CI-127 would require that any winning candidate receive a majority of votes in “an election held by the people,” meaning an election where all qualified electors in Montana are eligible to participate, not the legislature. CI-127 simply requires that candidates win a majority of votes (50% +1) in the general election. Under CI-127, the legislature is tasked in the 2025 session with adopting an election system that ensures majority winners in the general election: a traditional runoff or an instant runoff. 

The language of CI-127 explicitly states: "In all elections held by the people for a covered office, the person receiving a majority of votes as determined as provided by law shall be declared elected." The legislature, via a public input process, will create the statute that establishes either a traditional or an instant runoff, but cannot pick winners and losers in elections. Election winners will always have to earn a majority of votes in general elections where all eligible Montana voters have a right to participate.

3. Open primaries and majority-winner elections are confusing for voters, and we need political parties to help us pick the right candidate.

Fact Check: False! Currently, anyone qualified to run for office can choose to do so, under any political party’s label. Political parties do not gate-keep who can and cannot run for office with a partisan label. Instead, party affiliation is a useful tool to help voters understand the policy positions of a particular candidate. That doesn’t change under CI-126. Yes, voters will have more choices in the primary, but we are confident that when offered more and better choices, Montanans are fully capable of researching and choosing the candidate most aligned with their values. Some voters may still choose to vote party line, while others will choose to vote for candidates of more than one party for different offices. Montanans deserve the right to decide that for themselves. Under CI-126, voters will choose from all qualified candidates, not have their choices restricted when forced to choose one party’s ballot in the primary.

4. CI-126 prevents candidates from listing their party affiliation on the ballot.

Fact Check: False! CI-126 and CI-127 do not prevent candidates from identifying themselves as or affiliating with a political party on the ballot. Right now, candidates select their party preference, or can they choose to run as an Independent without party affiliation when submitting their name for the ballot. This remains true under CI-126 and CI-127. Candidates will be able to designate a party preference or list no party preference when filing for office and that will appear on the ballot as it does now. How candidates qualify for the ballot is governed by statute, just like ballot access requirements for third-party candidates. CI-126 does not change any of those statutes, other than to prevent the legislature from making it more difficult for third-party candidates to access the ballot in the future. 

Do you have other questions about CI-126 and CI-127? Is there another myth you need fact-checked? Shoot us an email and let us know!