Laws governing the initiative process in Montana
From Ballotpedia - Reading time: 19 min
Laws and procedures[edit]
Citizens of Montana may initiate a new law as either a state statute or a constitutional amendment. In Montana, citizens also have the power to repeal legislation via veto referendum and call a constitutional convention by initiative. The Montana State Legislature may also place measures on the ballot as legislatively referred constitutional amendments or legislatively referred state statutes.
Crafting an initiative[edit]
Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.
Single-subject rule[edit]
- See also: Single-subject rule
The Montana Constitution requires that constitutional amendments must meet a separate vote requirement. Separate-vote requirements and single-subject rules are related and have some overlapping intentions and effects. The state constitution reads:
- "If more than one amendment is submitted at the same election, each shall be so prepared and distinguished that it can be voted upon separately."
In 1999, the Montana Supreme Court held that this section imposes a narrower requirement than a single subject rule. In the case, Marshall v. State ex rel. Cooney, the court found a proposal unconstitutional for amending more than one section of the state constitution.
A single-subject rule found in Article V, Section 11 of the constitution that says "each bill, except [...], shall contain only one subject, clearly expressed in its title" was, prior to 2017, thought to impose a single-subject rule on all initiatives, including initiated state statutes. In a court case over Initiative 116—the Marsy's Law Crime Victims Rights measure—the Montana Supreme Court stated that this provision applied to legislative bills but not to initiatives. The court overturned the Marsy's Law initiative based on the separate-vote requirement, however.
See law: Montana Constitution, Article V, Section 11(3) and Article XIV, Section 11
Subject restrictions[edit]
- See also: Subject restrictions (ballot measures)
Petitioners in Montana may not propose legislation on certain subjects. Initiated laws may not make appropriations or create local or special laws.
A 2021 law—House Bill 651—defined appropriations to include directly or indirectly creating a financial obligation or expanding the eligibility for a government program.[1]
See law: Montana Constitution, Article III, Section 4(1)
Veto referendums on emergency legislation[edit]
In Montana, veto referendums can be used on emergency legislation.
- Signatures are due no later than six months after adjournment of the legislature.
See law: Montana Constitution, Article III, Section 5 and Montana Code Annotated, Title 13, Chapter 27
Competing initiatives[edit]
Montana law does not address competing ballot initiatives, except by requiring the attorney general to notify the secretary of state about conflicting proposals. The law does not prohibit conflicting proposals. From 2002 to 2014, no competing measures had been on Montana ballot. However, two 2002 initiatives, IR-117 and I-145, both attempted to the repeal the Montana Power Authority -- only IR-117 was successful.
See law: Montana Constitution, Article III, Section 4 ; Article IV, Section 7 ; Article XIV, Sections 9-11 and Montana Code, Title 13, Chapter 27, Section 202
Starting a petition[edit]
Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[2][3][4]
Applying to petition[edit]
- See also: Approved for circulation
Prior to collecting signatures, the initiative sponsor must file a draft of the amendment text with the secretary of state. He or she must also file drafts of the statement of purpose and the statements explaining a "yes" or a "no" vote.[5]
See law: Montana Code, Title 13, Chapter 27, Section 202
Proposal review/approval[edit]
- See also: Approved for circulation
After a proposal has been submitted, the secretary transfers the proposal to the Legislative Services Division. The division reviews the measure and accompanying statements for "clarity, consistency, and conformity with the most recent edition of the bill drafting manual." The division then recommends changes to the proponent. The proponent must respond in writing, detailing which recommendations have been accepted, which have been rejected and which the proponent wants to modify. Failure to include any substantive changes made to the proposal in this reply is grounds for rejecting the proposal.
Once this review process is complete, the measure is transferred to the attorney general for review. The attorney general then reviews the ballot language for compliance with the state's single-subject rule and subject restrictions and other statutory requirements. The attorney general may not engage in a substantive constitutional legal review of the measure. He or she also reviews the ballot statements for fairness and clarity. The attorney general is required to seek the advice of opponents and proponents in conducting this review.[1]
After the attorney general's review, the relevant state legislative committee votes on whether to support or oppose the placement of the measure on the ballot. That vote does not have any procedural effect, but the results of the vote are included on petition sheets.[1]
See law: Montana Code, Title 13, Chapter 27, Section 202 and Section 312
Fiscal review[edit]
- See also: Fiscal impact statement
During the attorney general's review, he or she must determine if the bill affects state revenues or expenditures. If so, the budget director must prepare a short fiscal note for inclusion on the petition and ballot.
The attorney general must also determine whether the initiative would "cause significant material harm to one or more business interests in Montana" and prepare a statement on the determination for inclusion on the petition sheets.[1]
See law: Montana Code, Title 13, Chapter 27, Section 312
Petition summary[edit]
- See also: Starting a petition
Once the attorney general has approved a measure and its accompanying statements, the secretary prepares a proof copy of the petition. Petition forms include the text of the proposal; the statement of purpose; the fiscal note, if required; the statements explaining a "yes" or a "no" vote; the results of the vote by the relevant legislative committee to support or oppose placing the measure on the ballot; and a statement by the attorney general concerning whether the initiative would "cause significant material harm to one or more business interests in Montana."[1]
See law: Montana Code, Title 13, Chapter 27, Section 202
Collecting signatures[edit]
Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.
Number required[edit]
- See also: Montana signature requirements
In Montana, the number of signatures required to qualify a measure for the ballot is tied to how many votes were cast in the last gubernatorial election. To place an initiated constitutional amendment on the ballot, proponents must collect valid signatures signatures equal to 10 percent of votes cast for governor in the last gubernatorial general election. For an initiated state statute or veto referendum, signatures equal to 5 percent of votes cast for governor in the most recent gubernatorial election are required. Whether a bill targeted by a veto referendum petition is suspended depends on the distribution requirement met, although the total requirement is the same. The petition must contain signatures equal to 5 percent of votes cast for governor from at least one-third of legislative districts to qualify the referendum for the ballot. If the petition contains signatures equal to 15 percent of votes cast for governor from a majority of legislative districts, it suspends the targeted law until the election.
The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year, with gubernatorial election years bolded.
| Year | Amendment | Statute | Veto referendum |
|---|---|---|---|
| 2024 | 60,359 | 30,180 | 30,180 |
| 2022 | 60,359 | 30,180 | 30,180 |
| 2020 | 50,936 | 25,468 | 25,468 |
| 2018 | 50,936 | 25,468 | 25,468 |
| 2016 | 48,349 | 24,174 | 24,174 |
| 2014 | 48,349 | 24,174 | 24,174 |
| 2012 | 47,694 | 23,847 | 23,847 |
| 2010 | 47,694 | 23,847 | 23,847 |
| 2008 | 44,615 | 22,308 | 22,308 |
See law: Montana Constitution, Article III, Section 4 Montana Constitution Article III, Section 7 & Article XIV, Section 9
Distribution requirements[edit]
- See also: Distribution requirements
For a constitutional amendment, proponents must collect signatures equal to 10 percent of the qualified electors in each of two-fifths (40) of the state's 100 legislative districts. For an initiated statute or a veto referendum, signatures must be equal to 5 percent of the qualified electors in each of one-third (34) of the state's legislative districts. The number of qualified electors in any district, for the purpose of the distribution requirement, is equal to the number of votes cast for governor in that district in the last gubernatorial election.
If a petition is circulated after redistricting and before the next gubernatorial election, the number of qualified electors in each district is equal to the total number of votes cast for governor statewide divided by the total number of districts.
In 2002, two amendments, C-37 and C-38, attempted to change the basis for the distribution requirement from legislative districts to counties. However, given population disparities among counties, the amendments were struck down by a federal court in Montana PIRG v. Johnson.
See law: Montana Constitution, Article III, Section 4 ; Article XIV, Section 9 and Montana Code Annotated, Title 13, Chapter 27, Section 303(2)
Restrictions on circulators[edit]
Circulator requirements[edit]
- See also: Petition circulator
No law could be found prohibiting circulators from signing their own petition. Each initiative petition form contains a circulator affidavit, which must be signed by the circulator before a notary public. A circulator is not, however, required to swear and sign under the penalty of a law a statement that he/she personally witnessed every act of signing the petition.[6] Montana State Code requires that a petition circulator be a resident of Montana and prohibits circulators being paid on a per-signature basis.[7][8] Once completed, signed sheets or sections of petitions with original signatures must be submitted to the official responsible for registration of electors in the county in which the signatures were obtained.[9]
The employers of paid circulators must register with the state and pay a fee.[1]
See laws: Montana Code Annotated, Section 13-27-102, Montana Code Annotated, Section 1-1-215, Montana Code Annotated, Section 13-27-301 and Montana Code Annotated, Section 13-27-302
Pay-per-signature[edit]
- See also: Pay-per-signature
Montana prohibits paying signature gatherers based on the number of signatures collected.
See law: Montana Code Annotated, Title 13, Chapter 27, Section 102
Out-of-state circulators[edit]
Montana requires that petition circulators reside in the state.
See law: Montana Code Annotated, Title 13, Chapter 27, Section 102
Badge requirements[edit]
- See also: Badge requirements
Montana does not employ a badge requirement. Badge requirement laws generally mandate that circulators be identified as either paid or volunteer. Notices to this effect are sometimes required on the petition form and/or a badge worn by circulators. The latter is also known as a "Scarlet Letter Law."
See law: Montana Code Annotated, Title 13, Chapter 27
Electronic signatures[edit]
- See also: Electronic petition signatures
Electronic signatures were prohibited under Montana Senate Bill 93, signed in 2023.[10]
See law: Montana Code Annotated, Title 13, Chapter 27 Sec. 103
Deadlines for collection[edit]
Once proponents have received the official petition proof copy, they have a maximum of one year to circulate petitions and receive certification from county election officials. The county officials must submit each verified petition to the secretary of state by the final filing deadline, which comes on the third Friday of the fourth month prior to the election. Proponents must submit their petitions to county officials no sooner than nine months and no later than four weeks prior to the final filing deadline. Proponents may begin collecting signatures no earlier than one year prior to the final filing deadline.
See law: Montana Code Annotated, Title 13, Chapter 27, Section 104 and Section 202
Getting on the ballot[edit]
Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.
Signature verification[edit]
- See also: Signature certification
Petitioners must submit their signatures to county election officials for verification. The verification process involves two steps. First, county officials verify that each name on the sheets corresponds to a registered voter. Second, they verify the authenticity of a random sample of signatures against the corresponding signatures on voter registration records. If any signature appears to be forged, all signatures on the affected sheet or section must be checked for authenticity. Once the county officials have completed this process, they must forward both their official total and the petition sheets themselves to the secretary of state.
See law: Montana Code Annotated, Title 13, Chapter 27, Section 303 (1) and Section 304
Ballot title and summary[edit]
- See also: Ballot title
In Montana, the ballot title is identical with the summary on the statement of purpose. It is prepared by petitioners, reviewed by the Legislative Services Division, and approved by the attorney general prior to signature collection. The ballot title must be less than 100 words and must clearly explain the purpose of the measure.
Each measure also receives a generic title during the initial review process (e.g. I-161, CI-105, LR-119, C-43, IR-124, CC-2) and an identifying statement, such as "an act referred by the legislature" or "a constitutional amendment proposed by initiative petition."
- A 2008 sample ballot can be found here.
See law: Montana Code, Title 13, Chapter 27, Section 202, Section 312 and Section 501
The election and beyond[edit]
Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Supermajority requirements[edit]
- See also: Supermajority requirements
Montana ballot measures do not require a supermajority for passage.
See law: Montana Constitution, Article III, Section 4 and Article XIV, Section 9
Effective date[edit]
Unless the measure specifies otherwise, approved ballot measures take effect on the first day of October following the election. Constitutional measures are effective July 1 following approval unless otherwise specified.
See law: Montana Code Annotated, Title 13, Chapter 27, Section 105
Litigation[edit]
- See also: Ballot measure lawsuit news
The Montana Constitution gives priority to cases challenging initiatives. The constitution also forbids any challenge of the process of placing a measure on the ballot once the election has been held. In addition, the constitution requires that any measure overturned because of an improperly conducted election be presented to voters again at the next election.
Both proponents and opponents of a measure may challenge the attorney general's decision regarding the ballot statements and the proposal's compliance with legal and constitutional requirements. These challenges should be filed in the Montana Supreme Court. Any qualified elector may challenge the certification of a measure for the ballot due to invalid signatures or an erroneous count. These challenges should be filed in the district court in the county of residence of the individual bringing the action.
See law: Montana Constitution, Article IV, Section 7 and Montana Code Annotated, Title 13, Chapter 27, Section 316 and Section 317
Legislative alteration[edit]
- See also: Legislative alteration
The Montana State Legislature may repeal or amend any statute approved by voters. To repeal or alter an amendment, they must follow the ordinary legislative referral process. In order to place an amendment on the ballot, lawmakers must adopt the proposal by a two-thirds (66.67%) vote of all members.[11]
See law: Montana Constitution, Article XIV, Section 8
Re-attempting an initiative[edit]
Montana does not limit how soon an initiative can be re-attempted.[12]
See law: Montana Constitution, Article III, Section 4 ; Article IV, Section 7 ; Article XIV, Sections 9-11 and Montana Code Annotated, Title 13, Chapter 27
Funding an initiative campaign[edit]
Some of the notable features of Montana's campaign finance laws include:
- Montana treats groups that are registered to support or oppose a ballot question the same as other political committees.
- Montana has a separate designation for independent expenditure groups influencing a ballot question called a incidental political committee.
- During the last ten days before the election, Montana requires the reporting of all campaign contributions of $500 or more within 24 hours of receiving the contribution.
- Montana allows corporations and labor unions to donate to political committees in support of or opposition to a ballot question.
- Montana requires reporting of all campaign debts of $500 or more used towards election materials within 24 hours of receipt of the transaction.
State initiative law[edit]
Articles III, IV, XIV of the Montana Constitution address initiative, referendum, and recall.
Title 13, Chapter 27 of the Montana Code Annotated governs initiative, referendum, and recall.
External links[edit]
- Montana Secretary of State, "Elections"
- Montana Secretary of State, "Ballot Issue Overview, Forms and Guidelines"
Footnotes[edit]
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Montana Legislature, "House bill 651 (2021)," accessed May 13, 2022
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ Montana State Legislature, "Montana Senate Bill 93 (2023)," accessed October 2, 2023
- ↑ Montana Legislature, "Montana Code Annotated, Title 13, Chapter 27, Section 302," accessed December 1, 2021
- ↑ Montana Legislature, "Montana Code Annotated, Title 13, Chapter 27, Section 102," accessed December 1, 2021
- ↑ Montana Legislature, "Montana Code Annotated, Section 1-1-215: Residence requirements," accessed December 1, 2021
- ↑ Montana Legislature, "Montana Code Annotated, Title 13, Chapter 27, Section 301," accessed December 1, 2021
- ↑ Montana State Legislature, "Montana Senate Bill 93," accessed October 2, 2023
- ↑ NCSL, "Limiting the Legislature's Power to Amend and Repeal Initiated Statutes," updated June 28, 2011
- ↑ NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009
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State of Montana Helena (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
Changes in the law[edit]
| Contents |
|---|
| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2022 |
| 2.1.2 2021 |
| 2.1.3 2010 |
| 2.1.4 2019 |
| 2.1.5 2018 |
| 2.1.6 2017 |
| 2.1.7 2016 |
| 2.1.8 2015 |
| 2.1.9 2014 |
| 2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in Montana. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year[edit]
2022[edit]
Pierce et al. v. Jacobsen et al.[edit]On August 10, 2022, a three-judge panel of the Ninth Circuit Court of Appeals ruled that Montana is allowed to ban paying circulators based on the number of signatures collected but cannot restrict circulators from out-of-state.[1] Regarding the restriction on out-of-state signature gatherers, Judge John Tunheim wrote, "[T]he residency requirement imposes an outright ban on a form of core political speech for all non-residents and necessarily diminishes the pool of (petition) circulators. We thus hold that the residency requirement here imposes a severe burden on the First Amendment rights of both out-of-state residents and instate proponents."[2] Regarding the ban on pay-per-signature, the opinion read that "the restriction rationally reduces the incentive to forge signatures and commit fraud" and "the state has established that an important regulatory interest is furthered by this restriction."[1] |
2021[edit]
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2020[edit]
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2019[edit]
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2018[edit]
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2017[edit]
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2016[edit]
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2015[edit]
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2014[edit]
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2013[edit]
The following bills were introduced in the Montana State Legislature:
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2012[edit]
2011[edit]
The following bills were introduced in the Montana State Legislature:
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2010[edit]
No proposed changes were identified in 2010.
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State of Montana Helena (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
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