Montana PIRG v. Johnson
C-37 and C-38 changed Montana's distribution requirement, mandating that in order for a ballot measure to be placed on the Montana ballot through collecting signatures of registered voters, a ballot measure proposing a new constitutional amendment must receive the signatures of ten percent of the qualified electors in one-half of the state's counties (C-37) and a ballot measure proposing a new state statute must obtain the signatures of five percent of qualified electors in one-half of the state's counties.
On March 28, 2005, the U.S. District Court ruled in favor of the plaintiff, agreeing with their argument that C-37 and C-38 violated the Equal Protection Clause of the 14th amendment to the U.S. Constitution.
Montana Attorney General Mike McGrath subsequently ruled that the federal court's invalidation of C-37 and C-38 on equal protection grounds meant that the prior language of the state's constitutional amendments about distribution requirements for citizen initiatives should be considered to be fully back in force.
- Laws governing the initiative process in Montana
- Changes in 2007 to laws governing the initiative process