Laws governing the initiative process in Montana

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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

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

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

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.

See law: Montana Constitution, Article III, Section 4(1)

Veto referendums on emergency legislation

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

See also: Superseding initiative; "Poison pills"; List of Montana ballot measures

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

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.

Applying to petition

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. Proponents must also pay a $3,700 filing fee per proposal.

See law: Montana Code, Title 13, Chapter 27, Section 202

Proposal review/approval

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 measure for compliance with the state's single-subject rule and subject restrictions, effects on the state's finances, and potential "material harm to one or more business interests in Montana." 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.

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.

See law: Montana Code, Title 13, Chapter 27, Section 202 and Section 312

Fiscal review

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.

See law: Montana Code, Title 13, Chapter 27, Section 312

Petition summary

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."

See law: Montana Code, Title 13, Chapter 27, Section 202

Collecting signatures

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

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

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

Circulator requirements

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. Montana State Code requires that a petition circulator be a resident of Montana and prohibits circulators being paid on a per-signature basis. 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.

The employees of paid circulators must register with the state and pay a fee.

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

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

See also: Residency requirements for petition circulators

Montana requires that petition circulators reside in the state.

See law: Montana Code Annotated, Title 13, Chapter 27, Section 102

Badge requirements

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

See also: Electronic petition signatures

Electronic signatures were prohibited under Montana Senate Bill 93, signed in 2023.

See law: Montana Code Annotated, Title 13, Chapter 27 Sec. 103

Deadlines for collection

See also: Petition drive deadlines; Initiative petition circulation periods

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

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

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

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

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

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

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

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

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.

See law: Montana Constitution, Article XIV, Section 8

Re-attempting an initiative

Montana does not limit how soon an initiative can be re-attempted.

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

See also: Campaign finance requirements for Montana ballot measures

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

Articles III, IV, XIV of the Montana Constitution address initiative, referendum, and recall.

• Montana Constitution, Article III ; Article IV ; Article XIV

Title 13, Chapter 27 of the Montana Code Annotated governs initiative, referendum, and recall.

• Montana Code Annotated, Title 13, Chapter 27

External links

• Montana Secretary of State, "Elections"
• Montana Secretary of State, "Ballot Issue Overview, Forms and Guidelines"

Changes in the law

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

2022

See also: Changes in 2022 to laws governing ballot measures

Pierce et al. v. Jacobsen et al. See also: Ninth Circuit Court of Appeals, Pierce et al. v. Jacobsen et al., August 10, 2022 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. 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." 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."

2021

See also: Changes in 2021 to laws governing ballot measures

House Bill 651: The legislative made several changes to laws governing the initiative process, including: defining appropriations, which the Michigan Constitution prohibits initiatives from making, to include actions that directly or indirectly create a financial obligation or broaden the eligibility for a government program; requiring the relevant legislative committee or legislative council to vote on whether to support or oppose adding an initiative to the ballot and requiring the vote results to be published on the initiative petition; requiring the employers of paid signature gatherers to register with the state and pay a filing fee; and requiring the attorney general to determine whether a ballot initiative "will likely cause significant material harm to one or more business interests in Montana" and include such a statement on the initiative petition. Senate Bill 113: The legislation provided that statute section numbers do not count toward the 100-word limit for the ballot titles of legislatively referred ballot measures.

2020

See also: Changes in 2020 to laws governing ballot measures

2019

See also: Changes in 2019 to laws governing ballot measures

House Bill 244 (C-46): Voters approved the constitutional amendment, which amended constitutional language to match the existing signature distribution requirements for initiated constitutional amendments based on judicial rulings and opinions. House Bill 245 (C-47): Voters approved the constitutional amendment, which amended constitutional language to match the existing signature distribution requirements for initiated state statutes and veto referendums based on judicial rulings and opinions. Senate Bill 231: The legislation required that the legislative sponsor of a legislatively referred state statute or legislatively referred constitutional amendment be appointed to the committee to draft the argument in favor of the measure unless the sponsor is unable to or declines.

2018

See also: Changes in 2018 to laws governing ballot measures

2017

See also: Changes in 2017 to laws governing ballot measures

2016

See also: Changes in 2016 to laws governing ballot measures

2015

See also: Changes in 2015 to laws governing ballot measures

See also: Laws governing ballot measures in Montana a Senate Bill 289: Revised campaign finance laws to implement more rules and clarify definitions concerning the disclosure of funding sources. The bill also required disclosure of the funding sources of political ads and other campaign finance disclosure requirements. d House Bill 131: Revises campaign finance reporting deadlines. d House Bill 220: "An act revising recall laws; allowing elected officials of state-districts or political subdivisions to be recalled for any reason; amending signatures requirements for recall elections." d House Bill 303: "Recall petitions for school board trustees must be filed with the county superintendent of schools responsible for overseeing the school district."

2014

See also: Changes in 2014 to laws governing ballot measures

2013

See also: Changes in 2013 to laws governing ballot measures

The following bills were introduced in the Montana State Legislature: d HB 126: Generally revise ballot issues and petition statutes. d HB 349: Provides for state reimbursing counties for legislative referenda ballot costs; relates to elections. d HB 419: Revises public official recall laws. d HB 445: Details regulations regarding educating the electorate on ballot issues to appear on an upcoming election ballot. d HB 496: Exempts from the definitions of contribution and expenditure the cost of any communication by a religious organization qualified under U.S.C. 501c(3) made in the course of the organization's religious activities. d HB 615: Amends the state constitution to require that legislative referrals must be passed by three-fifths of the members of each house of the legislature. d SB 204: Amend constitution to prohibit fishing/hunting/trapping laws by initiative. d SB 321: Revise initiative process laws related to public involvement.

2012

See also: Changes in 2012 to laws governing ballot measures

No bills were introduced in the Montana State Legislature in 2012.

2011

See also: Changes in 2011 to laws governing ballot measures

The following bills were introduced in the Montana State Legislature: a Montana House Bill 310: HB 310 would require ballot and petition language to clearly indicate the meaning of a "yes" or a "no" vote. d Montana Senate Bill 162: SB 162 would require the state to reimburse local governments for costs associated with placing legislatively referred measures on the ballot. d Montana Senate Bill 204: SB 204 is a legislatively referred constitutional amendment which would raise the signature requirement from 10% to 20% of qualified electors. It would also change the basis of the state's distribution requirement from counties to legislative districts. a Montana House Bill 391 (2011): HB 391 was passed by the Montana Legislature on March 28, 2011 and has since become law. The law prohibits local ballot measure from setting the enforcement priority of state laws. The law is seen as targeting a local ballot measure which instructed local law enforcement to make marijuana laws their lowest priority. Citizens in Charge Foundation rating: Reduces initiative rights.

2010

See also: Changes in 2010 to laws governing ballot measures

No proposed changes were identified in 2010.