Difference between revisions of "Article XIV, Montana Constitution"

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'''Constitutional convention'''
 
'''Constitutional convention'''
  
The legislature, by an affirmative vote of two-thirds of all the members, whether one or more bodies, may at any time submit to the qualified electors the question of whether there shall be an unlimited convention to revise, alter, or amend this constitution.
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The legislature, by an affirmative vote of two-thirds of all the members, whether one or more bodies, may at any time submit to the qualified electors the question of whether there shall be an unlimited convention to revise, alter, or amend this constitution.<ref name="mt">[http://courts.mt.gov/content/library/docs/72constit.pdf ''Montana Judicial Branch'', "Montana Constitution," accessed March 30, 2014]</ref>
  
 
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(1) The people may by initiative petition direct the secretary of state to submit to the qualified electors the question of whether there shall be an unlimited convention to revise, alter, or amend this constitution. The petition shall be signed by at least ten percent of the qualified electors of the state. That number shall include at least ten percent of the qualified electors in each of two-fifths of the legislative districts.
 
(1) The people may by initiative petition direct the secretary of state to submit to the qualified electors the question of whether there shall be an unlimited convention to revise, alter, or amend this constitution. The petition shall be signed by at least ten percent of the qualified electors of the state. That number shall include at least ten percent of the qualified electors in each of two-fifths of the legislative districts.
  
(2) The secretary of state shall certify the filing of the petition in his office and cause the question to be submitted at the next general election.
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(2) The secretary of state shall certify the filing of the petition in his office and cause the question to be submitted at the next general election.<ref name="mt"/>
  
 
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'''Periodic Submission'''
 
'''Periodic Submission'''
  
If the question of holding a convention is not otherwise submitted during any period of 20 years, it shall be submitted as provided by law at the general election in the twentieth year following the last submission.
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If the question of holding a convention is not otherwise submitted during any period of 20 years, it shall be submitted as provided by law at the general election in the twentieth year following the last submission.<ref name="mt"/>
  
 
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'''Call of Convention'''
 
'''Call of Convention'''
  
If a majority of those voting on the question answer in the affirmative, the legislature shall provide for the calling thereof at its next session. The number of delegates to the convention shall be the same as that of the larger body of the legislature. The qualifications of delegates shall be the same as the highest qualifications required for election to the legislature. The legislature shall determine whether the delegates may be nominated on a partisan or a nonpartisan basis. They shall be elected at the same places and in the same districts as are the members of the legislative body determining the number of delegates.
+
If a majority of those voting on the question answer in the affirmative, the legislature shall provide for the calling thereof at its next session. The number of delegates to the convention shall be the same as that of the larger body of the legislature. The qualifications of delegates shall be the same as the highest qualifications required for election to the legislature. The legislature shall determine whether the delegates may be nominated on a partisan or a nonpartisan basis. They shall be elected at the same places and in the same districts as are the members of the legislative body determining the number of delegates.<ref name="mt"/>
  
 
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'''Convention Expenses'''
 
'''Convention Expenses'''
  
The legislature shall, in the act calling the convention, designate the day, hour, and place of its meeting, and fix and provide for the pay of its members and officers and the necessary expenses of the convention.
+
The legislature shall, in the act calling the convention, designate the day, hour, and place of its meeting, and fix and provide for the pay of its members and officers and the necessary expenses of the convention.<ref name="mt"/>
  
 
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'''Oath, Vacancies'''
 
'''Oath, Vacancies'''
  
Before proceeding, the delegates shall take the oath provided in this constitution. Vacancies occurring shall be filled in the manner provided for filling vacancies in the legislature if not otherwise provided by law.
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Before proceeding, the delegates shall take the oath provided in this constitution. Vacancies occurring shall be filled in the manner provided for filling vacancies in the legislature if not otherwise provided by law.<ref name="mt"/>
  
 
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'''Convention Duties'''
 
'''Convention Duties'''
  
The convention shall meet after the election of the delegates and prepare such revisions, alterations, or amendments to the constitution as may be deemed necessary. They shall be submitted to the qualified electors for ratification or rejection as a whole or in separate articles or amendments as determined by the convention at an election appointed by the convention for that purpose not less than two months after adjournment. Unless so submitted and approved by a majority of the electors voting thereon, no such revision, alteration, or amendment shall take effect.
+
The convention shall meet after the election of the delegates and prepare such revisions, alterations, or amendments to the constitution as may be deemed necessary. They shall be submitted to the qualified electors for ratification or rejection as a whole or in separate articles or amendments as determined by the convention at an election appointed by the convention for that purpose not less than two months after adjournment. Unless so submitted and approved by a majority of the electors voting thereon, no such revision, alteration, or amendment shall take effect.<ref name="mt"/>
  
 
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'''Amendment by Legislative Referendum'''
 
'''Amendment by Legislative Referendum'''
  
Amendments to this constitution may be proposed by any member of the legislature. If adopted by an affirmative roll call vote of two-thirds of all the members thereof, whether one or more bodies, the proposed amendment shall be submitted to the qualified electors at the next general election. If approved by a majority of the electors voting thereon, the amendment shall become a part of this constitution on the first day of July after certification of the election returns unless the amendment provides otherwise.
+
Amendments to this constitution may be proposed by any member of the legislature. If adopted by an affirmative roll call vote of two-thirds of all the members thereof, whether one or more bodies, the proposed amendment shall be submitted to the qualified electors at the next general election. If approved by a majority of the electors voting thereon, the amendment shall become a part of this constitution on the first day of July after certification of the election returns unless the amendment provides otherwise.<ref name="mt"/>
  
 
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:(1) The people may also propose constitutional amendments by initiative. Petitions including the full text of the proposed amendment shall be signed by at least ten percent of the qualified electors of the state. That number shall include at least ten percent of the qualified electors in each of at least one-half of the counties.
 
:(1) The people may also propose constitutional amendments by initiative. Petitions including the full text of the proposed amendment shall be signed by at least ten percent of the qualified electors of the state. That number shall include at least ten percent of the qualified electors in each of at least one-half of the counties.
 
:(2) 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.
 
:(2) 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.
:(3) 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.
+
:(3) 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.<ref name="mt"/>
  
 
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|}
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===Amendments===
 +
* Amended with the approval of [[Montana C-37, Distribution Requirements for Constitutional Initiatives (2002)]] on November 5, 2002.
  
History: Amd. Const. Amend. No. 37, approved Nov. 5, 2002. '''(The amendment was overturned in ''[[Montana PIRG v. Johnson]]''. Then-Attorney General [[Mike McGrath]] determined that the earlier text, below, should remain fully in force. See: [http://doj.mt.gov/resources/opinions2005/51-002.pdf AG Opinion])'''
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''The amendment was overturned in [[Montana PIRG v. Johnson]]. Then-Attorney General [[Mike McGrath]] determined that the earlier text, below, should remain fully in force. See: [http://doj.mt.gov/resources/opinions2005/51-002.pdf AG Opinion]''
  
 
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:(1) The people may also propose constitutional amendments by initiative. Petitions including the full text of the proposed amendment shall be signed by at least ten percent of the qualified electors of the state. '''That number shall include at least ten percent of the qualified electors in each of two-fifths of the legislative districts.'''
 
:(1) The people may also propose constitutional amendments by initiative. Petitions including the full text of the proposed amendment shall be signed by at least ten percent of the qualified electors of the state. '''That number shall include at least ten percent of the qualified electors in each of two-fifths of the legislative districts.'''
 
:(2) 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.
 
:(2) 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.
:(3) 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.
+
:(3) 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.<ref name="mt"/>
  
 
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'''Petition Signers'''
 
'''Petition Signers'''
  
The number of qualified electors required for the filing of any petition provided for in this Article shall be determined by the number of votes cast for the office of governor in the preceding general election.
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The number of qualified electors required for the filing of any petition provided for in this Article shall be determined by the number of votes cast for the office of governor in the preceding general election.<ref name="mt"/>
  
 
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'''Submission'''
 
'''Submission'''
  
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.
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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.<ref name="mt"/>
  
 
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Done in open convention at the city of Helena, in the state of Montana, this twenty-second day of March, in the year of our Lord one thousand nine hundred and seventy-two.  
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''Done in open convention at the city of Helena, in the state of Montana, this twenty-second day of March, in the year of our Lord one thousand nine hundred and seventy-two.''
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==See also==
 +
[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
 +
* [[State constitution]]
 +
* [[Constitutional article]]
 +
* [[Constitutional amendment]]
 +
* [[Constitutional revision]]
 +
* [[Constitutional convention]]
 +
* [[Amendment|Amendments]]
 +
** [[Initiated constitutional amendment]]
 +
** [[Legislatively-referred constitutional amendment]]
 +
** [[Publication requirements for proposed state constitutional amendments]]
 +
** [[Rules about constitutional conventions in state constitutions]]
 +
** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
* [http://leg.mt.gov/css/Laws%20and%20Constitution/Current%20Constitution.asp Montana Constitution]
+
{{submit a link}}
 +
* [http://courts.mt.gov/content/library/docs/72constit.pdf ''Montana Judicial Branch'', "Montana Constitution"]
 +
* [http://mhs.mt.gov/education/textbook/Chapter21/Chapter21.pdf ''Montana.gov'', "Chapter 21: A People's Constitution (1972)"]
 +
* [http://leg.mt.gov/css/About-the-Legislature/history.asp ''Montana State Legislature'', "Highlights from Legislative History"]
 +
* [http://mhs.mt.gov/research/library/exhibits/constitution.html ''Montana Historical Society'', "The Blessings of Liberty: Montana's Constitutions"]
 +
* [http://www.montanapolicy.org/tag/montana-constitution/ ''Montana Policy Institute'', "Home"]
 +
* [http://www.beartoothnbc.com/features/big-sky-chronicles/40417-big-sky-chronicles-montana-constitution.html ''Beartooth NBC'', "Big Sky Chronicles: Montana Constitution,"]
 +
* [http://watch.montanapbs.org/video/1481142184/ ''Montana PBS'', "For This and Future Generations..."]
 +
 
 +
==Additional reading==
 +
* [http://global.oup.com/academic/product/the-montana-state-constitution-9780199778812?cc=us&lang=en& Elison, Larry and Fritz Snyder. (2011). ''The Montana State Constitution'', New York, New York: Oxford University Press]
 +
* [http://www.umt.edu/law/library/montanaconstitution/default.php ''University of Montana's William J. Jameson Law Library'', "Documentary History of the Ratification of the Montana Constitution"]
  
==Navigation==
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==References==
 +
{{reflist}}
 
{{Montana Constitution}}
 
{{Montana Constitution}}
 
{{State constitutions}}
 
{{State constitutions}}
 +
{{Montana}}

Latest revision as of 13:03, 23 April 2014

Montana Constitution
Flag of Montana.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVSchedule
Article XIV or the Montana Constitution is entitled Constitutional Revision and consists of eleven sections.

Section 1

Text of Section 1:

Constitutional convention

The legislature, by an affirmative vote of two-thirds of all the members, whether one or more bodies, may at any time submit to the qualified electors the question of whether there shall be an unlimited convention to revise, alter, or amend this constitution.[1]

Section 2

Text of Section 2:

Initiative for Constitutional Convention

(1) The people may by initiative petition direct the secretary of state to submit to the qualified electors the question of whether there shall be an unlimited convention to revise, alter, or amend this constitution. The petition shall be signed by at least ten percent of the qualified electors of the state. That number shall include at least ten percent of the qualified electors in each of two-fifths of the legislative districts.

(2) The secretary of state shall certify the filing of the petition in his office and cause the question to be submitted at the next general election.[1]

Section 3

Text of Section 3:

Periodic Submission

If the question of holding a convention is not otherwise submitted during any period of 20 years, it shall be submitted as provided by law at the general election in the twentieth year following the last submission.[1]

Section 4

Text of Section 4:

Call of Convention

If a majority of those voting on the question answer in the affirmative, the legislature shall provide for the calling thereof at its next session. The number of delegates to the convention shall be the same as that of the larger body of the legislature. The qualifications of delegates shall be the same as the highest qualifications required for election to the legislature. The legislature shall determine whether the delegates may be nominated on a partisan or a nonpartisan basis. They shall be elected at the same places and in the same districts as are the members of the legislative body determining the number of delegates.[1]

Section 5

Text of Section 5:

Convention Expenses

The legislature shall, in the act calling the convention, designate the day, hour, and place of its meeting, and fix and provide for the pay of its members and officers and the necessary expenses of the convention.[1]

Section 6

Text of Section 6:

Oath, Vacancies

Before proceeding, the delegates shall take the oath provided in this constitution. Vacancies occurring shall be filled in the manner provided for filling vacancies in the legislature if not otherwise provided by law.[1]

Section 7

Text of Section 7:

Convention Duties

The convention shall meet after the election of the delegates and prepare such revisions, alterations, or amendments to the constitution as may be deemed necessary. They shall be submitted to the qualified electors for ratification or rejection as a whole or in separate articles or amendments as determined by the convention at an election appointed by the convention for that purpose not less than two months after adjournment. Unless so submitted and approved by a majority of the electors voting thereon, no such revision, alteration, or amendment shall take effect.[1]

Section 8

Text of Section 8:

Amendment by Legislative Referendum

Amendments to this constitution may be proposed by any member of the legislature. If adopted by an affirmative roll call vote of two-thirds of all the members thereof, whether one or more bodies, the proposed amendment shall be submitted to the qualified electors at the next general election. If approved by a majority of the electors voting thereon, the amendment shall become a part of this constitution on the first day of July after certification of the election returns unless the amendment provides otherwise.[1]

Section 9

Text of Section 9:

Amendment by Initiative

(1) The people may also propose constitutional amendments by initiative. Petitions including the full text of the proposed amendment shall be signed by at least ten percent of the qualified electors of the state. That number shall include at least ten percent of the qualified electors in each of at least one-half of the counties.
(2) 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.
(3) 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.[1]

Amendments

The amendment was overturned in Montana PIRG v. Johnson. Then-Attorney General Mike McGrath determined that the earlier text, below, should remain fully in force. See: AG Opinion

Text of Section 9:

Amendment by Initiative

(1) The people may also propose constitutional amendments by initiative. Petitions including the full text of the proposed amendment shall be signed by at least ten percent of the qualified electors of the state. That number shall include at least ten percent of the qualified electors in each of two-fifths of the legislative districts.
(2) 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.
(3) 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.[1]

Section 10

Text of Section 10:

Petition Signers

The number of qualified electors required for the filing of any petition provided for in this Article shall be determined by the number of votes cast for the office of governor in the preceding general election.[1]

Section 11

Text of Section 11:

Submission

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.[1]

Done in open convention at the city of Helena, in the state of Montana, this twenty-second day of March, in the year of our Lord one thousand nine hundred and seventy-two.

See also

StateConstitutions Ballotpedia.jpg

External links

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Suggest a link

Additional reading

References