“Since 1935, Montana has selected its judges through
nonpartisan popular elections. Mont. Code Ann. § 13-14-111. Further to this
end, Montana makes it a criminal offense for any political party to “endorse,
contribute to, or make an expenditure to support or oppose a judicial
candidate,” Mont. Code Ann. § 13-35-231, and individuals who facilitate such
activities may also be held criminally liable, Mont. Code Ann. § 13-35-105. The
voters of Montana are thus deprived of the full and robust exchange of views to
which, under our Constitution, they are entitled.”
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