Judges in Cascade County are asking voters to fill out uncontested races.
According to the Montana Code Annotated, judges must still have their names on the ballot even if no other candidate filed.
Voters can still approve or reject the incumbent judge by filling in “yes” or “no” on the ballot.
If the incumbent is rejected, they will serve until the first Monday of January and then vacate their office.
The Judicial Nomination Commission will then start the selection and appointment process.
Judges still require more “yes” votes than “no” votes to retain their office.
Title 3, Chapter 1, Part 10 of the Montana Code Annotated:
Section 3-1-1014(3), MCA, provides: “If an incumbent judge or justice files for election to the office to which the judge or justice was elected or appointed and no other candidate files for election to that office, the name of the incumbent must nevertheless be placed on the general election ballot to allow voters of the district or state to approve or reject the incumbent. If an incumbent is rejected at an election for approval or rejection, the incumbent shall serve until the day before the first Monday of January following the election, at which time the office is vacant and another selection and appointment must be made.” Selections and appointments begin with the judicial nomination commission, which provides the governor “with a list of candidates for appointment to fill any vacancy on the supreme court or any district court . . . .” Section 3-1-1001, MCA. “The governor . . . must make a nomination from the list of nominees submitted by the commission.” Section 3-1-1011, MCA. “If the governor fails to nominate within 30 days after receipt of the list of nominees, the chief justice or acting chief justice shall make the nomination.” Section 3-1-1012, MCA. The nominee then is confirmed by the Senate through the process set forth in Section 3-1-1013, MCA.
Section 13-14-212, MCA, requires the ballot to provide for a “yes” or “no” vote in retention elections. Logically, in order to be approved on the election ballot, a judge would need more “yes” votes than “no.” This is on par with the maxim of statutory construction that each statute is to be construed “so as to avoid an absurd result and to give effect to the purpose of the statute.” Hiett v. Missoula Cnty. Pub. Schs, 2003 MT 213, ¶ 32.
