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Laws governing ballot measures in Montana

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Laws governing ballot measures

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State
Laws governing state initiative processes
Laws governing state recall processes
Changes to ballot measure law in 2025
Difficulty analysis of changes to laws governing ballot measures
Analysis of 2025 changes to laws governing ballot measures
Local
Laws governing local ballot measures

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This page provides an overview of resources addressing the laws and procedures that govern statewide and local ballot measures in Montana, including the initiative and referendum process, constitutional amendments, signature requirements, recall procedures, and campaign finance regulations.

Explore the links below for more information:

Laws governing ballot measures in Montana

Types of ballot measures in Montana


Laws governing the initiative process in Montana

  • In 1906, voters adopted a constitutional amendment allowing for initiated state statutes and veto referendums. In 1972, voters approved a revised constitution, which included the power to initiate constitutional amendments.
  • In Montana, a total of 104 ballot measures appeared on statewide ballots between 1985 and 2024. Sixty (60) ballot measures were approved, and 44 ballot measures were defeated.


Amending the Montana Constitution

  • The Montana Constitution can be amended in three ways:
    • Legislatively referred constitutional amendment: The state Legislature can refer constitutional amendments to the ballot, with a two-thirds vote in each legislative chamber.
    • Initiated constitutional amendment: Citizens can initiate constitutional amendments in Montana.
    • Convention-referred constitutional amendment: A state constitutional convention can vote to refer constitutional changes to the ballot.
      • 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 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.


Laws governing local ballot measures in Montana

  • Article XI, Section 8 of the Montana Constitution provides for initiative and referendum at the local level.


Signature requirements for ballot measures in Montana

  • In Montana, the number of signatures required for ballot initiatives is tied to the number of votes cast in the preceding gubernatorial election.
    • An initiated constitutional amendment requires a number of signatures equal to 10% of the votes cast for governor.
      • 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.
    • An initiated state statute or veto referendum requires a number of signatures equal to 5% of the votes cast for governor.
      • Montana also has a distribution requirement for state statutes that requires proponents to collect signatures equal to 5% of the qualified electors in each of one-third (34) of the state's 100 legislative districts. For veto referendums, the requirement is signatures equal to 5% of the qualified voters from at least one-third of legislative districts to qualify the referendum for the ballot.


Laws governing recall in Montana

  • Montana state law authorizes that "[a]ny person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office."[1]


Laws governing state constitutional conventions in Montana

  • 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.
  • A two-thirds vote (66.67%) of both chambers of the Montana State Legislature is required to place a constitutional convention question on the ballot.
  • 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.
  • Approval of the constitutional convention question requires a simple majority vote.


Campaign finance requirements for Montana ballot measures

  • In Montana, a committee "organized to support or oppose a particular ballot issue" is considered a ballot issue committee. The committee must appoint a treasurer and file a statement of organization within five days of making an expenditure. Committees supporting or opposing statewide ballot issues must file this form with the Montana Commissioner of Political Practices.

Changes to laws governing ballot measures in Montana

See also: Changes to laws governing ballot measures
See also: Changes in 2025 to laws governing ballot measures
  • House Bill 201: Requires paid signature gatherers to verbally state to signers and wear a badge including their name, the state they legally reside, and that they are a paid signature gatherer.[2]
HB 201 Vote Senate House
Yes No NV Yes No NV
Total 27 22 1 57 42 1
Democratic (D) 1 17 0 1 41 0
Republican (R) 26 5 1 56 1 1
  • Senate Bill 226: Requires initiative petition signatures to be submitted on a staggered basis to county election administrators within defined windows depending on when signatures were collected.[3]
SB 226 Vote Senate House
Yes No NV Yes No NV
Total 47 2 1 95 5 0
Democratic (D) 17 1 0 37 5 0
Republican (R) 30 1 1 58 0 0
  • Senate Bill 11: Revises local ballot measure laws; establishes requirements for serial numbers of petitions and petition formatting, requires 'yes' and 'no' statements on petitions, and requires an affidavit from signature gatherers that the signatures are genuine and that signers knew the content of the petition.[4]
SB 11 Vote Senate House
Yes No NV Yes No NV
Total 50 0 0 99 0 1
Democratic (D) 18 0 0 41 0 1
Republican (R) 32 0 0 58 0 0
  • House Bill 179: Provide that signing an initiative petition does not reactivate active voter status.[5]
HB 179 Vote Senate House
Yes No NV Yes No NV
Total 50 0 0 58 42 0
Democratic (D) 18 0 0 0 42 0
Republican (R) 32 0 0 58 0 0
  • House Bill 818: Prohibits foreign nationals from directly or indirectly making a contribution or expenditure in connection with a statewide ballot measure.[6]
HB 818 Vote Senate House
Yes No NV Yes No NV
Total 37 13 0 56 44 0
Democratic (D) 6 12 0 0 42 0
Republican (R) 31 1 0 56 2 0

See also

Footnotes