Voters divided over two constitutional initiatives • Daily Montanan

Montana voters, who could change the state's constitution — and the way the Treasure State votes — appeared divided on two ballot initiatives as results were released.

One seemed almost as stuck, while the other seemed to fall further and further behind as the results came in.

CI-126 would change Montana's primary elections and impact the general election.

This would allow the top four candidates in most races to advance to the general election regardless of their party. Although the system is called an “open elementary school,” it is more accurately referred to as a “jungle elementary school.” Currently, Montana's primary elections are open to all voters, but Montanans must decide which party they want to vote for.

Proponents of CI-126 said it would allow Montanans to choose the best candidate regardless of party. Opponents said it would only add confusion and uncertainty to the process.

While CI-126 lagged in earlier results, as of 11:30 a.m. it was nearly identical, with 84,448 votes for the measure and 85,036 — statistically an even 50/50 split.

CI-127which has the same backers as CI-126, had 63% of voters opposed and just 37% in favor as of press time. It would require the leading candidate in each race to be elected by a plurality (50% or more) rather than a plurality. If no candidate receives at least 50% of the vote, the legislature determines how the winner is selected.

Currently, the Montana Legislature has banned ranked-choice voting, so it would have to either amend or repeal the law or consider another method of selecting a candidate, including a “snap runoff” that would require another statewide election.

CI-127 never seemed to be ahead in the polls. It trailed by a margin of 40 to 60%.

Even if the initiatives were supported by the same group, both do not have to be legally effective.

For example, if CI-126 passes, it would simply mean that the top four vote-getters, regardless of political party, would advance to the general election. If only CI-127 passes, the winner of an election would have to receive at least 50%, regardless of how many people are on the ballot.

Constitutional Initiatives 126 and 127 were two of three initiatives that could amend the Montana Constitution. The other, Constitutional Initiative 128, would enshrine the right to abortion in the constitution, even though the procedure has been legal for years based on Supreme Court precedent.