Laws governing local ballot measures in Montana

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

Montana Constitution
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All Montana incorporated local governments have a mandated initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in Montana. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Note that Montana is one of twenty-four states that allow the initiative process at the statewide level.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 54 counties, 128 cities, towns, and villages, and 736 special districts. Deer Lodge County operates as a consolidated city-county government with Anaconda.

School districts

See also: School bond and tax elections in Montana

School bond and tax elections in Montana are required for:

• Issuance and sale of new bonds.

Local recall rules

Recall news
Recalls by state
Recalls by year
Recalls by type

The citizens of Montana are granted the authority to recall politicians by the Montana Recall Act. All state officials in Montana are subject to recall.

For additional detail, see: Laws governing recall in Montana

Initiative process availability

The local units of government in Montana that make the initiative process available are:

• General law cities, which have a state mandated initiative and referendum process for ordinances. There are 97 such cities.
• Charter cities, which have the same state mandated initiative and referendum process for ordinances, as well as for charter amendment. Unlike in some other states, charter cities may not differ from the general law initiative requirements. There are 32 such cities.
• General law counties, which have a state mandated initiative and referendum process for ordinances. There are 51 such counties.
• Charter counties, which have a state mandated initiative and referendum process for ordinances and charter amendments. There are three such counties.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

Montana Constitution, Article XI, Section 5 and 6 authorize local governments (cities and counties) to adopt home rule charters.

“

(1) The legislature shall provide procedures permitting a local government unit or combination of units to frame, adopt, amend, revise, or abandon a self-government charter with the approval of a majority of those voting on the question. The procedures shall not require approval of a charter by a legislative body.(2) If the legislature does not provide such procedures by July 1, 1975, they may be established by election either:(a) Initiated by petition in the local government unit or combination of units; or(b) Called by the governing body of the local government unit or combination of units.(3) Charter provisions establishing executive, legislative, and administrative structure and organization are superior to statutory provisions.

”

Article XI, Section 8 mandates the power of local initiative and referendum to all local governments.

“

The legislature shall extend the initiative and referendum powers reserved to the people by the constitution to the qualified electors of each local government unit.

”

Statutes

Montana Code Section 7-3-103 mandates local initiative for charter amendments.

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An amendment to a self-government charter or an adopted alternative form of government may be proposed by initiative by petition of 15% of the electors registered at the last general election of the local government or by ordinance enacted by the governing body. The question on amendment of a charter or an adopted alternative form of government must be submitted to the electors at the next regular or primary election.

”

Montana Code Section 7-3-709 states "A charter may be amended only as provided by state law."

Montana Code Section 7-5-131 mandates local initiative and referendum powers to citizens of all local governments.

“

(1) The powers of initiative and referendum are reserved to the electors of each local government. Resolutions and ordinances within the legislative jurisdiction and power of the governing body of the local government, except those set out in subsection (2), may be proposed or amended and prior resolutions and ordinances may be repealed in the manner provided in 7-5-132 through 7-5-137.

”

Montana Code Section 7-3-708 states that charters may not differ from the general law initiative process.

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Limitations on charter provisions. (1) Charter provisions may not conflict with the provisions of part 1, chapter 1, which establish statutory limitations on the powers of self-government units. (2) Charter forms are subject to state laws establishing election, initiative, and referendum procedures; and charters shall not contain provisions establishing election, initiative, and referendum procedures. (3) The charter shall not contain provisions establishing or modifying local court systems.

”

See law: Montana Code, Title 7

A guide to local ballot initiatives

Initiative process features for all local governments

The initiative and referendum process for local governments can be found in Montana Code 7-5-131 through 7-5-137.

Ordinance initiative process   Subject matter restrictions The petition must address a single comprehensive subject. The petition cannot address: The annual budget. Bond proceedings (except for ordinances authorizing bonds). The establishment and collection of charges pledged for the payment of principal and interest on bonds. The levy of special assessments pledged for the payment of principal and interest on bonds. The prioritization of the enforcement of any state law by a unit of local government. (Montana Code 7-5-131) Petition text approval A sample of the petition must be submitted in the form in which it will be circulated to the county election administrator for approval as to form before you begin circulating the petition. The county election administrator shall refer a copy of the sample petition sheet to the attorney for the local government unit. The local government attorney shall review the sample petition for form and compliance with 7-5-131 and 7-5-132 and prepare a ballot under 100 words. (Montana Code 7-5-134) The local government may challenge in district court whether the proposed action would be valid and constitutional. The suit must be initiated within 14 days of the date a petition has been approved as to form under 7-5-134. (Montana Code 7-5-135) Signatures required The petition must be signed by 15% of the registered electors of the local government. (Montana Code 7-5-132) Circulation Circulators must be residents of the state of Montana, as provided in Montana Code 1-1-215. Every circulator must attach a notary affidavit to the petition in accord with Montana Code 13-27-302. Initiatives must be turned into the local election administrator within 90 days of the date of the notice that the petition has been approved as to form. Referendums must be filed prior to the ordinance in question’s effective date or within 60 days of the passage of the ordinance. (Montana Code 7-5-132) Petition appearance and content Montana Code 13-27-201, 204, and 205 detail the required format for municipal initiative and referendum petitions. Process for approval The process for approving petitioned ordinances is indirect. The governing body may, within 60 days of receiving the petition, take the action called for in the petition. If the governing body does not within 60 days take the proposed action, then the question must be submitted to the electors at the next regular or primary election. (Montana Code 7-5-133 and Montana Code 7-5-135) Scheduling and results of election If an initiative is not approved by the governing body it must be voted on at next regular election, unless the petition asks for a special election and is signed by at least 25% of the electors of the local government, in which case the governing body shall call a special election held in conjunction with a regular or primary election. The special election must occur at least 75 days after the approval of the petition as to form. If the adequacy of the petition is determined by the election administrator within 75 days prior to next regular election, the election must be delayed until the following regular election unless a special election is called. The outcome of the election is determined by a simple majority of the electors. (Montana Code 7-5-136)

Initiative process features for amendment of local government charter

Charter cities are subject to the above provisions for ordinance initiative. Citizens in charter cities may also use initiative for charter amendments, as authorized by the Montana Code 7-3-103.

Charter amendment initiative process   Subject matter restrictions Listed in "Mont. Code 7-1-111 Powers denied." Petition text approval "The local government, by ordinance, may provide procedures for the submission and verification of initiative petitions." (Montana Code Section 7-3-103) Signatures required 15% of the electors registered at the last general election of the local government. (Montana Code Section 7-3-103) Circulation Nothing is specified in the charter amendment clause of the Montana code. Petition appearance and content Nothing is specified in the charter amendment clause of the Montana code. Scheduling and results of election The election is held at the next regular or primary election. A simple majority determines the outcome of the election. (Montana Code Section 7-3-103)

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative process in the top 10 most populated cities

In Montana, all local governments must follow the initiative requirements.

Individual city provisions   Billings Population as of the July, 2011 census update: 105,636. Billings is a home rule charter city and has the state mandated initiative process for ordinances and charter amendments as provided above. Missoula Population as of the July, 2011 census update: 67,290 Missoula is a home rule charter city and has the state mandated initiative process for ordinances and charter amendments as provided above. Great Falls Population as of the July, 2011 census update: 58,950 Great Falls is a home rule charter city and has the state mandated initiative process for ordinances and charter amendments as provided above. Bozeman Population as of the July, 2011 census update: 38,025 Bozeman is a home rule charter city and has the state mandated initiative process for ordinances and charter amendments as provided above. Butte Population as of the July, 2011 census update: 33,704 Butte is a general law city and has the state mandated initiative process for ordinances as provided above. Helena Population as of the July, 2011 census update: 28,592 Helena is a home rule charter city and has the state mandated initiative process for ordinances and charter amendments as provided above. Kalispell Population as of the July, 2011 census update: 20,008 Kalispell is a general law city and has the state mandated initiative process for ordinances as provided above. Havre Population as of the July, 2011 census update: 9,600 Havre is a general law city and has the state mandated initiative process for ordinances as provided above. Anaconda Population as of the July, 2011 census update: 9,299 Anaconda is a general law city and has the state mandated initiative process for ordinances as provided above. Miles City Population as of the July, 2011 census update: 8,438 Miles City is a general law city and has the state mandated initiative process for ordinances as provided above.

External links

• Research document of Montana local I&R laws
• Montana league of cities