Montana State Legislature

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Montana State Legislature

Seal of Montana.jpg
General information
Type:   State legislature
Term limits:   2 terms (8 years) in Senate, 4 terms (8 years in House)
Session start:   No regular legislative session
Website:   Official Legislature Page
Leadership
Senate President:   Jason Ellsworth (R)
House Speaker:  Matt Regier (R)
Majority Leader:   Senate: Steve Fitzpatrick (R)
House: Sue Vinton (R)
Minority Leader:   Senate: Pat Flowers (D)
House: Kim Abbott (D)
Structure
Members:  50 (Senate), 100 (House)
Length of term:   4 years (Senate), 2 years (House)
Authority:   Art V, Sec. 2, Montana Constitution
Salary:   $104.86/legislative day + per diem
Elections
Last election:  November 8, 2022
Next election:  November 5, 2024
Redistricting:  Commission

The Montana State Legislature is the state legislature of the state of Montana. It is composed of the 100-member Montana House of Representatives and the 50-member Montana State Senate.

The Montana Constitution dictates that the legislature meet only on odd numbered years, and for 90-day periods. However, the Legislature did meet annually from 1973 to 1975. The primary work of the legislature at these times is to pass a biannual budget that must then be approved by the Governor.

Montana enacted new legislative district boundaries after the 2020 census on February 22, 2023, when the Montana Districting & Apportionment Commission (MDAC) submitted its final plan to the secretary of state. The commission had voted 3-2 to approve the final plan on February 11, 2023. The two Democratic-appointed commissioners and the commission's chairperson—that the state supreme court appointed—voted to approve the plan. The two Republican-appointed commissioners voted against it. These districts will take effect for the 2024 elections. Click here for more information.

Montana has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.

See also: Montana House of Representatives, Montana State Senate, Montana Governor

Elections

2024

See also: Montana State Senate elections, 2024 and Montana House of Representatives elections, 2024

Elections for the Montana State Senate will take place in 2024. The general election is on November 5, 2024. A primary is June 4, 2024. The filing deadline is March 11, 2024.

Elections for the Montana House of Representatives will take place in 2024. The general election is on November 5, 2024. A primary is June 4, 2024. The filing deadline is March 11, 2024.

2022

See also: Montana State Senate elections, 2022 and Montana House of Representatives elections, 2022

Elections for the Montana State Senate took place in 2022. The general election was on November 8, 2022. A primary was scheduled for June 7, 2022. The filing deadline was March 14, 2022.

Elections for the Montana House of Representatives took place in 2022. The general election was on November 8, 2022. A primary was scheduled for June 7, 2022. The filing deadline was March 14, 2022.

2020

See also: Montana State Senate elections, 2020 and Montana House of Representatives elections, 2020

Elections for the office of Montana State Senate took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for June 2, 2020. The filing deadline was March 9, 2020.

Elections for the office of Montana House of Representatives took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for June 2, 2020. The filing deadline was March 9, 2020.

In the 2020 elections, Republicans increased their majority in the Montana House of Representatives from 58-42 to 67-33.

Montana House of Representatives
Party As of November 3, 2020 After November 4, 2020
     Democratic Party 42 33
     Republican Party 58 67
Total 100 100

2018

See also: Montana State Senate elections, 2018 and Montana House of Representatives elections, 2018

Elections for the Montana State Senate took place in 2018. An open primary took place on June 5, 2018. The general election was held on November 6, 2018. The candidate filing deadline was March 12, 2018.[1]

Elections for the Montana House of Representatives took place in 2018. An open primary took place on June 5, 2018. The general election was held on November 6, 2018. The candidate filing deadline was March 12, 2018.[2]

2016

See also: Montana State Senate elections, 2016 and Montana House of Representatives elections, 2016

Elections for the Montana State Senate took place in 2016. The primary election was held on June 7, 2016, and the general election was held on November 8, 2016. The candidate filing deadline was March 14, 2016.

Elections for the Montana House of Representatives took place in 2016. The primary election was held on June 7, 2016, and the general election was held on November 8, 2016. The candidate filing deadline was March 14, 2016.

2014

See also: Montana State Senate elections, 2014 and Montana House of Representatives elections, 2014

Elections for the Montana State Senate took place in 2014. A primary election took place on June 3, 2014, and a general election took place on November 4, 2014. The signature filing deadline for major party candidates wishing to run in this election was March 10, 2014; minor party and independent candidates had until June 2, 2014, to file.

Elections for the Montana House of Representatives took place in 2014. A primary election took place on June 3, 2014, and a general election took place on November 4, 2014. The signature filing deadline for candidates wishing to run in this election was March 10, 2014; minor party and independent candidates had until June 2, 2014, to file.

2012

See also: Montana State Senate elections, 2012 and Montana House of Representatives elections, 2012

Elections for the office of Montana State Senate took place in 2012. The primary election was held on June 5, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was March 12, 2012.

Elections for the office of Montana House of Representatives took place in 2012. The primary election was held on June 5, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was March 12, 2012.

2010

See also: Montana State Senate elections, 2010 and Montana House of Representatives elections, 2010

Elections for the office of Montana State Senate took place in 2010. The primary election was held on June 8, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was March 15, 2010.

Elections for the office of Montana House of Representatives took place in 2010. The primary election was held on June 8, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was March 15, 2010.

Sessions

Article V of the Montana Constitution establishes when the Legislature is to be in session. Section 6 of Article V states that the Legislature is to meet in every odd-numbered year in a regular session of at most ninety legislative days. However, Section 6 allows any Legislature to increase the limit on the length of any subsequent session. Section 6 also allows for the Legislature to meet in special session when convened by the Governor of Montana or when a special session is requested by a majority of the Legislature's members.

2024

See also: Dates of 2024 state legislative sessions

In 2024, the legislature will not hold a regular session.

2023

See also: 2023 Montana legislative session and Dates of 2023 state legislative sessions

In 2023, the legislature was scheduled to convene on January 2, 2023, and adjourn on May 2, 2023.


Role in state budget

See also: Montana state budget and finances
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The state operates on a biennial budget cycle. The sequence of key events in the budget process is as follows:[9]

  1. Budget instructions are sent to state agencies in April and August.
  2. Agencies submit their budget requests to the governor in June and September.
  3. The governor submits his or her proposed budget to the state legislature by November 15. Governors-elect submit budget proposals by January 7.
  4. The legislature typically adopts a budget in April. A simple majority is required to pass a budget. The biennium begins July 1.

Montana is one of 43 states in which the governor has line item veto authority.[9]

The governor is statutorily required to submit a balanced budget proposal. The legislature is constitutionally required to pass a balanced budget.[9]

Legislators

Salaries

See also: Comparison of state legislative salaries
State legislative salaries, 2023
SalaryPer diem
$104.86/legislative day$171/day

When sworn in

See also: When state legislators assume office after a general election

Montana legislators assume office the first Monday of January following the election. If a senator is elected to fill a vacancy, the term of service begins the day after the election.[10]

Senate

As of the 2020 Census, Montana state senators represented an average of 21,708 residents. After the 2010 Census, each member represented 19,888 residents.

Party As of January 2024
     Democratic Party 16
     Republican Party 34
     Other 0
     Vacancies 0
Total 50

Click here for a list of members of this chamber.

Republicans won control of the Montana State Senate in 2008. In 2022, they won a 34-16 majority.

The table below shows the partisan history of the Montana Senate following every general election from 1992 to 2022. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

Montana State Senate election results: 1992-2022

Year '92 '94 '96 '98 '00 '02 '04 '06 '08 '10 '12 '14 '16 '18 '20 '22
Democrats 30 19 16 18 19 21 27 26 23 22 23 21 18 20 19 16
Republicans 20 31 34 32 31 29 23 24 27 28 27 29 32 30 31 34

House

As of the 2020 Census, Montana state representatives represented an average of 10,854 residents. After the 2010 Census, each member represented 9,944 residents.

Party As of January 2024
     Democratic Party 32
     Republican Party 68
     Other 0
     Vacancies 0
Total 100

Click here for a list of members of this chamber.

Republicans won control of the Montana House of Representatives in 2010. In 2022, they won a 68-32 majority.

The table below shows the partisan history of the Montana House following every general election from 1992 to 2022. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

Montana House of Representatives election results: 1992-2022

Year '92 '94 '96 '98 '00 '02 '04 '06 '08 '10 '12 '14 '16 '18 '20 '22
Democrats 47 33 35 41 42 47 50 49 50 32 37 41 41 42 33 32
Republicans 53 67 65 59 58 53 50 50 50 68 63 59 59 58 67 68
Other 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0

District maps

State Senate


State House


Veto overrides

Veto Override Graphic-Republican Party.png

See also: Veto overrides in state legislatures

State legislatures can override governors' vetoes. Depending on the state, this can be done during the regular legislative session, in a special session following the adjournment of the regular session, or during the next legislative session. The rules for legislative overrides of gubernatorial vetoes in Montana are listed below.

How many legislators are required to vote for an override? Two-thirds of members present in both chambers.

Two-thirds of members present in both chambers must vote to override a veto. If all members are in attendance, this is 67 of the 100 members in the Montana House of Representatives and 34 of the 50 members in the Montana State Senate. Montana is one of 36 states that requires a two-thirds vote from both of its legislative chambers to override a veto.

How can vetoes be overridden after the legislature has adjourned?

According to Article VI, Section 10 of the Montana Constitution, if the governor vetoes a bill that had the support of at least two-thirds of members after adjournment, the secretary of state sends a notification by mail to legislators with instructions on how to override the veto. Members have 30 days to respond.

Authority: Article VI, Section 10 of the Montana Constitution.

"(2) The governor may return any bill to the legislature with his recommendation for amendment. If the legislature passes the bill in accordance with the governor's recommendation, it shall again return the bill to the governor for his reconsideration. The governor shall not return a bill for amendment a second time.
(3) If after receipt of a veto message, two-thirds of the members of each house present approve the bill, it shall become law."

History

Partisan balance 1992-2013

Who Runs the States Project
See also: Ballotpedia:Who Runs the States and Ballotpedia:Who Runs the States, Montana
Partisan breakdown of the Montana legislature from 1992-2013

Montana State Senate: From 1992-2013, the Democratic Party was the majority in the Montana State Senate for seven years while the Republicans were the majority for 15 years, including the last five years.

Across the country, there were 541 Democratic and 517 Republican state senates from 1992 to 2013.

Montana State House of Representatives: From 1992-2013, the Democratic Party was the majority in the Montana State House of Representatives for one year while the Republicans were the majority for 17 years, including the last five years.

Across the country, there were 577 Democratic and 483 Republican State Houses of Representatives from 1992 to 2013.

Over the course of the 22-year study, state governments became increasingly more partisan. At the outset of the study period (1992), 18 of the 49 states with partisan legislatures had single-party trifectas and 31 states had divided governments. In 2013, only 13 states had divided governments, while single-party trifectas held sway in 36 states, the most in the 22 years studied.

The chart below shows the partisan composition of the Office of the Governor of Montana, the Montana State Senate and the Montana House of Representatives from 1992 to 2013.

Partisan composition of Montana state government(1992-2013).PNG

SQLI and partisanship

To read the full report on the State Quality of Life Index (SQLI) in PDF form, click here.

The chart below depicts the partisanship of the Montana state government and the state's SQLI ranking for the years studied. For the SQLI, the states were ranked from 1-50, with 1 being the best and 50 the worst. Montana had Republican trifectas from 1995-2004. Montana's lowest SQLI ranking, finishing at 41st, occurred during those Republican trifectas, from 1999-2001. The state's two highest rankings came in the final five years while under divided government.

Chart displaying the partisanship of Montana government from 1992-2013 and the State Quality of Life Index (SQLI).

Redistricting

See also: Redistricting in Montana

Montana uses a non-politician commission for congressional and state legislative redistricting. This commission comprises five members. The majority and minority leaders of each chamber of the state legislature select one member a piece. These four members then select a fifth to serve as the commission's chair. If the first four commissioners are unable to agree on an appointment, the Montana Supreme Court may select the fifth member.[11]

The Montana Constitution requires that no commissioner be a public official. State statutes require that two of the first four commissioners "must be selected from certain counties (roughly, in the Montana Rockies to the west) and two must be selected from the rest of the state (to the east)."[11]

The state's Districting and Apportionment Commission must complete congressional redistricting within 90 days of receiving federal census data. It must prepare a legislative redistricting plan "by the 10th legislative day of the first regular session after the federal census results are available. The Legislature then has 30 days to make recommendations to the commission. Within 30 days of receiving the Legislature's recommendations, the commission must file the redistricting plan with the Secretary of State, and it becomes law. Although the commission may modify the plan to accommodate the Legislature's recommendations, it is not required to do so."[12]

The state constitution requires that districts be both contiguous and compact.[11]

The ... commission has stated that it may gauge compactness by looking to a district's general appearance, and the degree to which it fosters "functional compactness" through "travel and transportation, communication, and geography." The commission has similarly determined that it will, in drawing legislative districts, consider the boundary lines of political subdivisions (counties, cities, towns, school districts, Indian reservations, neighborhood commissions, and others); follow geographic boundaries; and consider keeping intact communities of interest (based on "Indian reservations, urban[, suburban, or rural] interests, . . . neighborhoods, trade areas, geographic location, communication and transportation networks, media markets, social, cultural and economic interests, or occupations and lifestyles").[6]
—All About Redistricting

2020

See also: Redistricting in Montana after the 2020 census

Montana enacted new legislative district boundaries after the 2020 census on February 22, 2023, when the Montana Districting & Apportionment Commission (MDAC) submitted its final plan to the secretary of state. The commission had voted 3-2 to approve the final plan on February 11, 2023. The two Democratic-appointed commissioners and the commission's chairperson—that the state supreme court appointed—voted to approve the plan. The two Republican-appointed commissioners voted against it. These districts will take effect for the 2024 elections.

The MDAC voted 3-2 to submit its final legislative district boundary proposal to the legislature on December 21, 2022. The commission's nonpartisan chairperson, Maylinn Smith, and two Democratic-appointed commissioners voted to approve the map, and the two Republican-appointed commissioners voted against it.[13] The legislature provided recommendations on the plan via a joint House-Senate resolution on February 2, 2023. The MDAC incorporated some, but not all, of the legislature's proposed amendments into the final plan.

Montana was the last state to enact legislative redistricting plans after the 2020 census. The state constitution requires that the redistricting commission submit legislative maps to the legislature so they can provide non-binding recommendations before they are enacted. Montana's legislature only meets in odd-numbered years and adjourned in April 2021, before U.S. Census data was delivered to the states on August 12, 2021.[14]

Shaylee Ragar of Montana Public Radio wrote that "According to data compiled by Democrats on the commission, the map could give Republicans a 20-seat advantage in the House and an 8-seat advantage in the Senate. It projects Democrats picking up a few seats currently held by Republicans."[15] Arren Kimbel-Sannit wrote in the Montana Free Press that, "In sum, the new maps could cost Republicans several seats while still leaving them a sizable majority that at least suggests the GOP’s dominance in recent elections."[16]

Click here to read the Montana Districting & Apportionment Commission's final report on the enacted legislative redistricting plan, including population and demographic figures by county and district.

State Senate map

Below is the state Senate map in effect before and after the 2020 redistricting cycle.

Montana State Senate Districts
before 2020 redistricting cycle

Click a district to compare boundaries.

Montana State Senate Districts
after 2020 redistricting cycle

Click a district to compare boundaries.

State House map

Below is the state House map in effect before and after the 2020 redistricting cycle.

Montana State House Districts
before 2020 redistricting cycle

Click a district to compare boundaries.

Montana State House Districts
after 2020 redistricting cycle

Click a district to compare boundaries.


2010

See also: Redistricting in Montana after the 2010 census

Following the 2010 United States Census, Montana did not add to its single congressional district, making congressional redistricting unnecessary. On August 17, 2012, the independent redistricting commission released a tentative state legislative district proposal. The commission submitted its final recommendations to the state legislature on January 8, 2013. After considering responses from the legislature, the commission produced its final redistricting plan on February 12, 2013.[11] The maps would not go into effect until the 2014 elections. The 2012 election were run using the maps drawn after the 2000 Census. [17]

Joint legislative committees

See also: Public policy in Montana

There are six joint appropriations subcommittees between the House and the Senate:

Constitutional amendments

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods in which the Montana Constitution can be amended:

See also: Article XIV, Montana Constitution and Laws governing the initiative process in Montana
Montana Constitution
Flag of Montana.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVSchedule

The Montana Constitution provides three mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, and a state constitutional convention. Montana requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.

Initiative

See also: Initiated constitutional amendment

An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. There are 18 states that allow citizens to initiate constitutional amendments.

In Montana, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. Montana also has a distribution requirement that requires proponents to collect signatures equal to 10% of the qualified electors in each of two-fifths (40) of the state's 100 legislative districts. A simple majority vote is required for voter approval.

Legislature

See also: Legislatively referred constitutional amendment

A two-thirds (66.67%) vote is required of all members of the legislature during one legislative session for the Montana State Legislature to place a constitutional amendment on the ballot. Since Montana has 150 legislators (100 Representatives and 50 Senators), at least 100 members must vote in favor of a constitutional amendment for it to pass. Amendments do not require the governor's signature to be referred to the ballot.

Convention

See also: Convention-referred constitutional amendment

According to Section 3, Article XIV of the Montana Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years, if it has not otherwise appeared on the ballot in the last 20 years. Montana is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Montana 20 years 2010 2030


The Montana State Legislature is also authorized to submit a constitutional convention question to voters via a two-thirds (66.67%) vote of both chambers. Citizens may also initiate a constitutional convention question. The number of signatures required to place the question on the ballot is equal to 10% of the qualified electors of the state, including at least 10 percent of the qualified electors in each of two-fifths of the legislative districts. Any amendments proposed by a convention must be ratified by the voters.



2025 measures:

See also: 2025 ballot measures

Certified:

The following measures were certified for the ballot.

No measures to list



2024 measures:

Below is a list of measures that were referred to the 2024 ballot by the legislature.

See also: Montana 2024 ballot measures

Certified:

The following measures were certified for the ballot.

No measures to list

See also

Elections Montana State Government State Legislatures State Politics
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External links

Footnotes

  1. Montana Secretary of State, "2018 Election Calendar," accessed June 22, 2017
  2. Montana Secretary of State, "2018 Election Calendar," accessed June 22, 2017
  3. Associated Press, "Montana Legislature: Top issues for 2015 session," January 22, 2015
  4. LegiScan, "MT SB289," accessed May 1, 2015
  5. 5.0 5.1 5.2 5.3 The Montana Standard, "Bullock signs campaign finance bill into law, forces 'dark money' groups to report," April 22, 2015
  6. 6.0 6.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  7. Billings Gazette, " Legislature again prepare to debate divisive issues," January 6, 2013
  8. Montana Legislature, "2011 Regular Session," accessed June 2, 2014
  9. 9.0 9.1 9.2 National Association of State Budget Officers, "Budget Processes in the States, Spring 2021," accessed January 24, 2023
  10. Montana Legislature, "Montana Code Annotated 2021 5-2-102," accessed February 2, 2023
  11. 11.0 11.1 11.2 11.3 All About Redistricting, "Montana," accessed April 29, 2015
  12. Montana State Legislature, "Districting and Apportionment Commission," accessed October 6, 2021
  13. Daily Montanan, "Redistricting Commission votes to send map to the legislature for recommendations," December 21, 2022
  14. Montana State Legislature, "Constitution of Montana -- Article V -- THE LEGISLATURE," accessed June 2, 2022
  15. Montana Public Radio, "Redistricting commission adopts final legislative maps," February 13, 2023
  16. Montana Free Press, "Explaining the why and the where of Montana’s new legislative districts," February 13, 2023
  17. The Missoulian, "Legislative redistricting panel gets look at new maps," February 17, 2012