Senate Judiciary advances bill to let political parties donate to judicial candidates

The Senate Judiciary Committee voted to advance House Bill 39, which would repeal the statutory prohibition on political-party contributions to judicial candidates, after a hearing with competing testimony from party supporters and legal and tribal opponents.

Representative Tom Mallett, sponsor of HB 39, described the bill as a repeal of MCA 13-35-231 and argued that allowing party committees to contribute would increase transparency, help candidates afford campaigns and give voters clearer information about a candidate's values. He cited Commissioner of Political Practices materials and said aggregate limits are modest — for example, he said the aggregate limit for party committees to a Supreme Court candidate would be $84,150 and for a district judge $2,250.

Supporters included Darren Gaub of the Montana Freedom Caucus, who said party involvement helps voters understand judicial candidates’ positions.

Opponents included Bruce Spencer, appearing for the State Bar of Montana and the Montana Judges Association, who said "not one judge" wants party money and warned that party contributions make judicial elections partisan. Alyssa Snow, representing tribal communities including Blackfeet and Fort Belknap, warned that partisan donations invite out-of-state money and undermine impartiality. Multiple witnesses cited public polls indicating strong voter preference for a nonpartisan judiciary.

Committee members questioned constitutional and practical implications, including whether candidates could decline or return party donations. Sponsor Mallett disputed opponents’ reliance on polling and emphasized cases where retired judges said they could remain impartial even if partisan activity were permitted. After debate, the committee voted 6–3 to advance HB 39; Senator Mansella will carry the bill on the floor.