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Bill

SB 562

Require top two primary for certain offices

2025 Regular Session Introduced by Josh Kassmier

Montana bill would shift certain offices to top-two primary system allowing highest vote-getters regardless of party affiliation to advance to general election; bill failed to advance this session.

(S) Died in Process
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Bill Summary · SB 562

Legislative bill overview

SB 562 would have implemented a top-two primary system for certain Montana state offices, where the two candidates receiving the most votes in the primary election advance to the general election regardless of party affiliation. This differs from Montana's current closed primary system where nominees are selected separately by each party. The bill did not advance, as it died in the legislative process before final consideration.

Why is this important

Primary election systems directly affect voter choice, party representation, and general election competitiveness. A top-two system can increase general election competition and give independent candidates pathways to the ballot, but also risks reducing minor party influence and changing candidate incentives. Montana's choice of electoral system shapes which candidates reach voters and how campaigns are conducted statewide.

Potential points of contention

  • Ballot access and minor parties: A top-two system could disadvantage third-party and independent candidates by requiring them to outpace one of two major-party candidates in a single primary, potentially reducing ballot diversity in general elections
  • Party representation concerns: Political parties may lose control over nominee selection, and voters who prefer a specific party nominee might see both top-two spots filled by the opposing party in some districts
  • Implementation costs and complexity: Changes to primary systems require administrative resources, ballot redesign, and voter education, with fiscal impacts detailed in the unsigned fiscal note

Compiled from official sources — confirm details with the bill’s official record.

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