Jonah Patel
In Montana, citizens can propose ballot issues, which, if passed, would amend the state constitution. To submit a constitutional initiative in Montana, the proposal must first be submitted to Montana's Legislative Services Division. Next, the Montana Attorney General must conduct a legal review. Finally, after the review process, the sponsor must collect signatures from 5% of qualified Montana voters. In 2024, three constitutional initiatives were approved for the November ballot: CI-126 and CI-127, sponsored by Montanans for Election Reform, and CI-128, backed by Montanans Securing Reproductive Rights.
| Characteristics | Values |
|---|---|
| Single-subject rule | Article V, Section 11 of the Montana Constitution |
| Separate-vote requirement | Article XIV, Section 11 of the Montana Constitution |
| Subjects prohibited for proposed laws | Creating financial obligations or expanding eligibility for government programs |
| Subjects prohibited for proposed laws | Creating local or special laws |
| Requirements for citizen-proposed ballot issues | Submit proposed language to Montana's Legislative Services Division |
| Requirements for citizen-proposed ballot issues | Montana Attorney General must conduct a legal review |
| Requirements for citizen-proposed ballot issues | Collect signatures from 5% of total qualified voters in Montana, including 5% in each of 34 legislative house districts |
| Example of a constitutional initiative | CI-126, sponsored by Montanans for Election Reform, would allow the top four candidates in any race to advance to the general election, regardless of party |
| Example of a constitutional initiative | CI-127, also sponsored by Montanans for Election Reform, would require a candidate to secure more than 50% of the vote to win an election |
| Example of a constitutional initiative | CI-128, sponsored by Montanans Securing Reproductive Rights, would amend the Montana Constitution to include the right to abortion |
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What You'll Learn
The single-subject rule
In the context of Montana's constitutional initiatives, the single-subject rule has been applied to proposals to amend the state's constitution. For example, Constitutional Initiatives 126 and 127, which were proposed separately, are closely related and aim to change how elections are held in Montana. CI-126 would allow the top four candidates in any race to advance to the general election, regardless of party affiliation. CI-127 would require a candidate to secure more than 50% of the vote to win an election. While these initiatives are connected, they were kept separate to comply with the single-subject rule and ensure that voters could consider each proposal independently.
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The separate-vote requirement
The Montana Constitution requires that constitutional amendments meet a separate-vote requirement. This means that if more than one amendment is submitted at the same election, each must be prepared and presented in a way that allows voters to vote on them separately. The separate-vote requirement is related to the single-subject rule, which mandates that each bill or initiative should address only one topic.
Montana's separate-vote requirement is outlined in the state constitution, which states: "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." This requirement ensures that voters can express their preferences for or against each amendment individually, without combining multiple issues into a single vote.
In the case of Constitutional Initiatives 126 and 127 (CI-126 and CI-127), the separate-vote requirement was crucial. These initiatives were closely related, aiming to reform Montana's election system. However, to comply with the law, they were presented as separate ballot measures. CI-126 proposed consolidating separate party primaries onto a single ballot, allowing the top four candidates to advance to the general election. CI-127, on the other hand, focused on requiring a candidate to secure more than 50% of the vote to win an election.
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The proposal submission process
- Filing the required paperwork: The process begins with filing the necessary paperwork for a constitutional initiative. This includes details such as the subject and specific wording of the proposed initiative. For instance, the sponsors of Constitutional Initiative 126 (CI-126) and CI-127 first filed their paperwork in August 2023.
- Legal review and approval: Once the paperwork is filed, it undergoes a legal review by the Montana Attorney General's office. This review ensures the proposal complies with legal requirements and does not violate any regulations. In the case of CI-126 and CI-127, the initial proposal was deemed "legally insufficient" by Knudsen's office, but this decision was later overturned by the Montana Supreme Court.
- Signature gathering: After the proposal passes the legal review, the sponsors can begin gathering signatures from qualified voters in Montana to support the initiative. The number of required signatures is based on a percentage of the total number of qualified voters in the state, including specific requirements for different legislative districts. For CI-126 and CI-127, the sponsors needed to collect approximately 60,359 signatures.
- Certification and ballot placement: Once the required number of signatures is collected and verified, the initiative is certified by the Secretary of State and placed on the ballot for the upcoming election. This process can also be subject to litigation and delays, as seen with CI-126, CI-127, and CI-128, which faced months of legal challenges before being certified for the November 2024 ballot.
- Voting and approval: Finally, the proposed constitutional initiative is put to a vote by Montana citizens during the election. For an initiative to amend the Montana Constitution, it typically requires a separate vote, as outlined in the state constitution. The specific approval requirements may vary depending on the nature of the initiative.
It is important to note that the proposal submission process can be complex and may involve legal and political challenges. The process outlined above provides a general framework, but each initiative's journey to the ballot may differ based on unique circumstances.
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The signature collection process
In the case of Constitutional Initiatives 126 and 127, for example, the proposals were initially deemed "legally insufficient" by the Attorney General's office, but this decision was overturned by the Montana Supreme Court, which directed the Secretary of State to approve the petitions for signature gathering.
Once a petition has been approved for signature gathering, supporters of the initiative can begin collecting signatures from qualified voters in Montana. In the case of CI-126 and CI-127, supporters needed to collect approximately 60,359 signatures to get the initiatives on the ballot. These signatures must be obtained from voters in the county in which they reside and must be done in-person, rather than online.
The number of required signatures is typically determined by state law and is often calculated as a percentage of the total number of qualified voters in the state. In Montana, for example, a citizen-proposed ballot issue must obtain signatures from 5% of the total number of qualified voters in the state, including 5% of the voters in each of the 34 legislative house districts.
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The certification process
- Submission of Required Paperwork: The process begins with the submission of the required paperwork for a constitutional initiative. This typically includes details of the proposed initiative, including the specific language to be used.
- Legal Review: Once the paperwork is submitted, it undergoes a legal review by the Montana Attorney General's office. This review ensures that the proposed initiative complies with all legal requirements and does not conflict with existing laws or the state constitution.
- Approval or Rejection: After the legal review, the sponsor of the initiative will be notified of its approval or rejection by the Secretary of State. If the initiative is deemed "legally insufficient" or fails to meet the requirements, it may be rejected, and the sponsors may need to address the concerns raised.
- Signature Gathering: If the initiative is approved by the Secretary of State, the sponsors can begin gathering signatures from qualified voters in Montana to show public support for the initiative. The number of required signatures varies but is typically a percentage of the total number of qualified voters in the state, including specific requirements for different legislative districts.
- Submission of Signatures: Once the required number of signatures is collected, they are submitted to the appropriate authorities, often the Secretary of State's office, for verification and certification.
- Verification and Certification: The collected signatures are then verified by county election officials to ensure their validity. This process ensures that the signatures are genuine and come from eligible voters in the state.
- Certification of Ballot Issues: Finally, the Secretary of State certifies the initiative to appear on the ballot for the upcoming election. This certification is typically done ahead of a deadline for ballot issues and can be a source of conflict, as seen in the case of Constitutional Initiatives CI-126, CI-127, and CI-128 in Montana.
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