Bill shortens filing window, adds 'sore loser' restriction; third-party groups warn of higher barriers

Representative Jody Etchart introduced House Bill 207, saying recent amendments narrowed the bill's scope: it does not increase the signature percentage for third-party or independent candidates (that remains at 5 percent) but it shortens the filing window for candidates and adds a "sore loser" provision that prevents a primary loser from seeking the same office in the general election by petition or write-in.

Etchart explained the operational changes: the candidate filing period would be shortened from 60 days to 15 days; filing would still close at a similar calendar date before the general election (the sponsor said petition signature deadlines for entries that use petitions remain unchanged, citing a May 28 deadline on the Secretary of State calendar). The bill also requires independents to file with the Secretary of State at the same time as party candidates rather than waiting until the primary.

Austin James, speaking on behalf of Secretary of State Christy Jacobson, supported the bill as an administrative improvement. "When we open candidate filing the first couple days, we get 99% of all candidate filings and the remaining 1% we get in the last 10 minutes," James said, adding the change would concentrate staff work into a smaller, predictable interval and reduce overtime during the certification period.

Third-party and independent groups strongly opposed the bill. David Herbst, speaking for the Montana Libertarian Party, warned the bill's shift from "registered voters" to "active voters" in signature calculations (as drafted in one section) could substantially increase the effective signature burden for petition-driven ballot access. "The switch from valid registered voters to active voters means additional loads on certification of those ballots," Herbst said, arguing the change would raise the practical cost of restoring ballot access for third parties.

Other opponents included Melissa Wong (Montana Libertarian Party chair), Leslie Soule (Helena chapter), Artie Albini and Gary Buchanan (independent candidate and former official). Melissa Wong urged the committee to "reject HB207" and said the measure "makes that harder, silencing Montanans who want practical solutions over partisan noise." Gary Buchanan, an independent who previously ran statewide, called the bill an "abuse of power" that would make ballot access materially harder.

Supporters and the sponsor pushed back that the bill keeps the 5 percent signature threshold intact, does not reduce petition-gathering calendar deadlines, and is consistent with similar provisions (sore-loser rules) used in many other states. Etchart said she had looked at Wyoming's language for the sore-loser clause and that, per available references, many states have some variation of the restriction.

Committee questioning focused on two technical concerns: the practical effect of counting "active" instead of all "registered" electors when calculating signature thresholds and the shorter filing window's effect on candidates who travel for interim committee work. Secretary of State staff said they did not see a change in outcomes from prior petition cycles when computed with the bill's language; opponents countered with a statistical explanation that the composition of active versus inactive registrants changes over election cycles and could raise the effective signature requirement for petition candidates.

No committee vote was recorded; the sponsor and opponents said they would continue discussions on specific drafting choices.

The hearing drew robust opposition from Libertarian Party members and independent candidates, who emphasized ballot access concerns, and administrative support from the Secretary of State's office focused on predictable staffing and certification timelines.