Malcolm Rivera
The Montana Constitution has had an interesting journey since its inception in 1884, with the current iteration being the state's second constitution, adopted in 1972. This version has been amended 37 times, with the most recent amendment occurring in 2024. The process of amending the Montana Constitution is a key aspect of the state's governance, allowing it to adapt to the changing needs and values of its citizens. There are three primary mechanisms for amending the constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. Each method plays a crucial role in shaping the state's framework, reflecting the will of the people, and ensuring that Montana's laws remain modern and relevant.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 2 |
| First Constitution Adopted | 1884 or 1889 |
| Current Constitution Adopted | 1972 |
| Number of Amendments to Current Constitution | 37 or 38 |
| Number of Amendments to First Constitution | 40 |
| Methods of Amendment | Legislative referendum, citizen ballot initiative, convention-referred constitutional amendment |
| Citizen Ballot Initiative Requirements | Citizen-initiated ballot measure, 10% signatures of qualified voters in the state, 10% signatures of qualified voters in each of two-fifths of legislative districts |
| Legislative Referendum Requirements | Two-thirds vote in each house |
| Convention-Referred Amendment Requirements | Two-thirds vote of both chambers, ratification by voters |
| Amendment Effective Date | First day of July following approval, unless specified otherwise |
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What You'll Learn
Citizen-initiated amendments
The Montana Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. Citizen-initiated amendments, also known as Amendment by Initiative, allow citizens to propose and enact laws by initiative, including constitutional amendments. This process involves the following steps:
- Citizens draft a petition for the proposed amendment, including the full text of the suggested changes.
- The petition must be signed by a minimum of 10% of qualified electors or legal voters in the state. This typically translates to 10% of the votes cast in the last gubernatorial or governor's election.
- The petition also needs to meet distribution requirements. It must be signed by at least 10% of qualified electors in each of two-fifths (approximately 40) of the state's legislative districts.
- The signed petitions are then filed with the secretary of state for review and verification.
- If the secretary of state confirms that the petition has the required number of signatures, the amendment is published as provided by law. It must be published twice monthly for two months before the next regular statewide election.
- At the election, the proposed amendment is submitted to the qualified electors or voters for approval or rejection.
- If a majority of voters approve the amendment, it becomes part of the constitution and takes effect on the first day of July following its approval, unless specified otherwise.
This citizen-initiated amendment process empowers Montanans to directly participate in shaping their state's constitution and ensuring it reflects their values and needs. It is worth noting that Montana is one of 18 states that allow citizens to initiate constitutional amendments, demonstrating a commitment to democratic engagement and grassroots governance.
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Legislative amendments
The Montana Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
Legislators can place a referendum on the ballot with a two-thirds vote in each house. Montana has a bicameral legislature, consisting of 100 Representatives and 50 Senators, meaning 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.
The legislative assembly may refer the proposed amendment to the voters of Montana to be voted on in the next general election held in the state. The proposed amendment must be published as provided by law twice each month for two months before the election.
At the election, the proposed amendment shall be submitted to the qualified electors for approval or rejection. If approved by a majority voting on the question, it shall become a part of the constitution effective the first day of July following its approval, unless the amendment specifies an alternative date.
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Convention-referred amendments
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 is one of 14 states that provides for an automatic constitutional convention question. 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. 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% 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. The Montana Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. A constitutional convention may be called to alter, amend, or revise the document. Proposals formulated in a constitutional convention must be submitted to the voters for ratification. The people may also propose constitutional amendments by initiative. Petitions including the full text of the proposed amendment shall be signed by at least 10% of the qualified electors of the state. That number shall include at least 10% of the qualified electors in each of two-fifths of the legislative districts.
The petitions shall be filed with the secretary of state. If the petitions are found to have been signed by the required number of electors, the secretary of state shall cause the amendment to be published as provided by law twice each month for two months previous to the next regular state-wide election. At that election, the proposed amendment shall be submitted to the qualified electors for approval or rejection. If approved by a majority voting thereon, it shall become a part of the constitution effective the first day of July following its approval, unless the amendment provides otherwise.
Montana's first constitution was adopted in 1884 and lasted until 1972, when the second constitution became effective. Since 1889, Montana has had two constitutions. After ratifying its first constitution in 1889, Montana adopted 40 amendments to its original constitution before adopting a new constitution in 1972, which has itself been amended 38 times. The current Montana Constitution may be amended by legislative referendum or citizen ballot initiative. Legislators can place a referendum on the ballot with a two-thirds vote in each house.
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Petition requirements
Citizen-Initiated Process
Citizens may propose constitutional amendments by initiative petitions. These petitions must include the full text of the proposed amendment and be signed by at least 10% of the qualified electors of the state, including at least 10% of the qualified electors in each of two-fifths of the legislative districts. This requirement is equivalent to signatures from 10% of the total number of qualified voters in Montana, based on the number of votes cast in the last governor's race.
Legislative Process
The Montana State Legislature may place a constitutional amendment on the ballot with a two-thirds vote in each house. This requires at least 100 members to vote in favor of the amendment, given that Montana has 150 legislators (100 Representatives and 50 Senators).
State Constitutional Convention
Montana is one of 14 states that provide for an automatic constitutional convention question to appear on the state's ballot every 20 years. Additionally, the Montana State Legislature can submit a constitutional convention question to voters via a two-thirds vote of both chambers. Citizens may also initiate a constitutional convention question by obtaining signatures equal to 10% of the qualified electors of the state, including at least 10% of the qualified electors in each of two-fifths of the legislative districts.
It is important to note that the specific requirements for petition signatures may vary across sources and proposals. While most sources indicate a 10% signature requirement, some sources suggest an 8% or 15% threshold.
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Ratification process
The process to amend the Montana Constitution is a multi-step one. Firstly, there must be a legislative proposal to amend the constitution, which requires an affirmative roll-call vote of two-thirds of all members of the legislature. This is a crucial step, as it sets the amendment process in motion and ensures that there is significant support for the proposed changes among lawmakers.
Once the legislative proposal has passed this vote, the proposed amendment is then submitted to the qualified electors of Montana, who will have the final say at the ballot box. This step is about directly involving the citizens of Montana in the amendment process, giving them the power to approve or reject the proposed changes to their constitution.
The proposed amendment is typically placed on the ballot during a general election, which allows for maximum participation and engagement from the electorate. This step ensures that the amendment process is democratic and that the people of Montana have a direct say in shaping their constitution.
For the amendment to be ratified and become an official part of the Montana Constitution, it must receive approval from the electorate. This typically means that a majority of voters must vote in favour of the proposed changes. This step is the culmination of the amendment process, where the will of the people is expressed through their votes, either accepting or rejecting the proposed amendment.
It is important to note that the process may vary depending on the specific amendment being proposed and the procedures in place at the time. However, the overall framework involves legislative initiation and voter approval, ensuring that any changes to the Montana Constitution reflect the values and wishes of the state's citizens.
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Frequently asked questions
The current Montana Constitution, adopted in 1972, has been amended 37 or 38 times. However, since 1889, Montana has had two constitutions and the original constitution was amended 40 times before the new one was adopted.
The Montana Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
The people of Montana may propose constitutional amendments by initiative petitions. These petitions must include the full text of the proposed amendment and be signed by at least 8% or 10% of the qualified electors or legal voters of the state. This number includes at least 10% of the qualified electors in each of two-fifths of the legislative districts. Once proposed, a majority of 'yes' votes on the question is needed to ratify the amendment.
Legislators can place a referendum on the ballot with a two-thirds vote in each house. Amendments do not require the governor's signature to be referred to the ballot.
