Republican-Backed Bill in Montana Changes Election Rules to ‘Jungle Primary’

A Republican-backed bill in Montana would change the election laws in the state to having a “jungle primary” in the upcoming U.S. Senate election, so only the top two candidates would advance to the general election, potentially boxing out third-party candidates.

Montana legislators are considering a piece of legislation, Senate Bill 566, that would create a “top two system” in the primary — also known as the “jungle primary” rule — for the U.S. Senate race. The bill, which critics say is aimed at Sen. Jon Tester, would put all candidates in the same primary race regardless of the party. Only the top two would advance to the November general election, even if they are in the same party.

The legislation has already passed the state Senate on a 27 to 23 margin and will move to the state House, which Republicans also dominate.

If the bill passes, it will go into effect for the next Senate election, but it will be put on a trial run basis and expires in 2025, one year after the 2024 election.

The Republican-led bill is a way to essentially box out the Libertarian candidate from the general election, which has helped Tester get elected in the past, Montana Public Radio explained. In the last two elections, Tester faced a Republican and Libertarian candidate in the general election and won without getting a majority of a vote, only a plurality.

Republican state Sen. Greg Hertz (R), the bill’s main sponsor, has said that the legislation aims to ensure the most popular candidate wins the election to a six-year term. He stated, “These are six-year terms, and to me, if we’re going to send someone to Washington, D.C., they should have the majority support of our voters.”

But, state Senate Minority Leader Pat Flowers (D) has argued that the bill is an attempt at “brazen partisanship.” Flowers said, “Let’s not kid ourselves: This is just brazen partisanship targeting a single race. This isn’t fair. This isn’t what Montanans want — they don’t want one-party rule.”

Flowers argues that the bill is “brazen partisanship,” however, national Democrats have shown “brazen partisanship” in the past in order to help their own candidates.

In 2012, national Democrats reportedly used dark money spending to support the Libertarian candidate for Senate and to ultimately siphon conservative votes from Tester’s Republican opponent. Liberal activists ran ads supporting Libertarian candidate Dan Cox, emphasizing his conservative credentials, calling him the “real conservative” in the race, and sending mailers attacking Tester’s Republican opponent and urging voters to support Cox.

Left-wing outlet Mother Jones described the strategy:

In a nail-bitingly close race, where Tester and Rehberg are tied at 48 percent, the Cox factor could be a decisive one, potentially siphoning votes away from Rehberg. Montana Republicans are crying foul, accusing Tester’s supporters of resorting to dirty tricks in order to swing the election in their favor.

Then, in 2018, Montana Democrats sued to keep the Green Party off the ballot after identifying the left-wing party as a threat to Tester’s reelection campaign. As the Montana Public Radio noted, the lawsuit was filed soon after the Green Party’s presence on the ballot was identified as a potential vulnerability for “the left-leaning voting base of the Democratic party.” The lawsuit specifically complained that Green Party candidates would “act as ‘spoiler’ candidates.”

Jacob Bliss is a reporter for Breitbart News. Write to him at jbliss@breitbart.com or follow him on Twitter @JacobMBliss.