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Laws governing ballot measures in Montana
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.
- Types of ballot measures in Montana
- Laws governing the initiative process in Montana
- Amending the Montana Constitution
- Laws governing local ballot measures in Montana
- Signature requirements for ballot measures in Montana
- Laws governing recall in Montana
- Laws governing state constitutional conventions in Montana
- Campaign finance requirements for Montana ballot measures
- Changes to laws governing ballot measures in Montana
Laws governing ballot measures in Montana
Types of ballot measures in Montana
- Montana has three types of citizen-initiated ballot measures: initiated constitutional amendments, initiated state statutes, and veto referendums.
- In Montana, the legislature can refer constitutional amendments, state statutes, and constitutional convention questions to the ballot.
Laws governing the initiative process in Montana
- In Montana, citizens have the power to initiate state statutes or constitutional amendments, as well as the power to repeal legislation through veto referendums.
- 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
- Montana became a state in 1889. The current state constitution was ratified in 1973.
- 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.
- An initiated constitutional amendment requires a number of signatures equal to 10% of the votes cast for governor.
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
- 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
- ↑ Montana Code Annotated, "2-16-603. Officers subject to recall -- grounds for recall." accessed September 17, 2025
- ↑ Montana Legislature, "HB 201," accessed May 25, 2025
- ↑ BillTrack50, "SB 226," accessed May 25, 2025
- ↑ Montana Legislature, "SB 11," accessed May 19, 2025
- ↑ Montana Legislature, "HB 179," accessed May 19, 2025
- ↑ Montana Legislature, "HB 818," accessed May 22, 2025
- ↑ Montana State Legislature, "House Bill 543," accessed June 20, 2023
- ↑ Montana State Legislature, "Senate Bill 56," accessed April 29, 2023
- ↑ Montana State Legislature, "Senate Bill 93," accessed May 24, 2023
- ↑ Helena Independent Record, "Senate approves $3,700 price tag for citizen ballot measures," February 23, 2023
- ↑ Cite error: Invalid
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- ↑ Montana State Legislature, "Senate Bill 123," accessed June 20, 2023
- ↑ Montana State Legislature, "Senate Bill 143," accessed May 8, 2023
- ↑ Montana State Legislature, "House Bill 651," accessed June 21, 2023
- ↑ Montana State Legislature, "Senate Bill 113," accessed June 21, 2023
- ↑ Montana State Legislature, "House Bill 244," accessed June 27, 2023
- ↑ Montana State Legislature, "House Bill 245," accessed June 27, 2023
- ↑ Montana State Legislature, "Senate Bill 231," accessed June 27, 2023