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Laws governing local ballot measures in Montana

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Laws governing ballot measures in the U.S.
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Laws governing ballot measures in the U.S.

Changes to laws governing ballot measures

Types of ballot measures

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Select a state from the dropdown to learn more about laws governing ballot measures in that state.

This page describes the state constitutional provisions and statutes that govern local ballot measures in Montana. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.

Explore the links below for more information:

  • Laws addressing local ballot measure powers in Montana
  • General requirements for local ballot measures
  • Rules for citizen-initiated local ballot measures
  • Rules for referred local ballot measures

Law

The Montana Constitution and Montana Code establish the rules that govern local ballot measures in the state.

General

The following outlines the general rules that govern local ballot measures in Montana, including both citizen-initiated measures and referred measures from local government bodies.

  • Election timing: In Montana, local ballot initiatives must appear at the next general election unless the petition specifies a special election date and is signed by 25% of qualified voters, then the election can be held on that date as long as there are 85 days from the order calling for the election and the date.[1][2]
  • Vote requirements: Local ballot measures generally require a simple majority vote for approval. For questions about merging counties, the question must be approved by a majority of voters in the affected counties.[1][3]

Initiatives

The following outlines additional rules that govern local citizen-initiated ballot measures in Montana.

  • Authority: Section 8 of Article XI of the state constitution and the Montana Code provides the voters of each local government with the right of initiative and referendum. Montana Code 7-3-103 authorizes charter cities to pass ordinances to provide for procedures to amend city charters through the initiative process.[4][5]
  • Subject matter restrictions: The initiative and referendum power does not extend to the annual budget; bond proceedings including charges to repay the bonds, except for ordinances authorizing bonds; the prioritization of the enforcement of any state law by a unit of local government; or the regulation of auxiliary containers as defined by state law. Petitions can also only contain a single subject.[4]
  • Challenges to a petition's constitutionality: State law authorizes the local governing body to file a lawsuit challenging the constitutionality of a petition in district court within 14 days after the petition has been cleared for signature gathering. The suit takes precedence over all other cases before the court. If the petition prevails, the 90-day circulation period begins on the date of the court order.[6]
  • Signatures: The number of signatures required to enact, repeal, or amend an ordinance or charter is equal to 15% of the local government's qualified voters registered to vote at the prior general election. For consolidated cities and counties, the number of signatures required is equal to at least 15% of the voters residing within the city or cities and at least 15% of the voters residing in the remainder of the county.[1][7][8]
  • Deadlines: All signatures must be collected and filed within 90 days from the notice that petition is cleared for signature gathering. For referendum petitions, if the petition is filed to the ordinance's effective date or within 60 days after passage, the ordinance is delayed. For initiated ordinances, the local governing body can adopt the petition within 60 days of receiving it and not submit the question to voters. If no action is taken within the 60 days, then the question must be submitted at the next regular or primary election or a special election if the petition called for one.[1][9][7]
  • Alteration of initiated measures: A local governing body cannot reenact a repealed ordinance or repeal an enacted one for two years after the election.[10]

Referrals

The following outlines additional rules that govern local referred ballot measures in Montana.

  • Authority: Montana Code authorizes a local government by ordinance or a study commission to submit a charter adoption or amendment to voters.[11]
  • Required measures: Montana Code requires voters to approve the issuance of school bonds, unless the bonds are used to redeem outstanding bonds or the uses defined in MCA 20-9-471.[12]
  • Subject restriction: State law prohibits local government bodies from sending ballot questions to voters related to sanctuary jurisdictions.[13]
  • Deadlines: Local elections cannot be held sooner than 85 days after the election order is passed.[14]

Laws governing local ballot measures in the U.S.

Laws governing local ballot measures in the United States

As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.

http://ballotpedia.org/Laws_governing_local_ballot_measures_in_STATE

See also

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Montana Code Annotated, "Title 7. Chapter 5. Part 1. Procedure For Initiative Or Referendum Election," accessed December 2, 2025
  2. ↑ Montana Code Annotated, "Title 13. Chapter 1. Part 4. Date Of Local Government Elections -- Call For Election," accessed December 2, 2025
  3. ↑ Montana Code Annotated, "Title 7. Chapter 3. Part 1. Election On Alteration Of Form Of Government," accessed December 2, 2025
  4. ↑ 4.0 4.1 Montana Code Annotated, "Title 7. Chapter 5. Part 1. Right Of Initiative And Referendum," accessed December 2, 2025
  5. ↑ Montana Code Annotated, "Title 7. Chapter 3. Part 1. Amendment Of Self-Government Charter Or Adopted Alternative Form Of Government -- Proposed Change In Type Of Election -- Election," accessed December 3, 2025
  6. ↑ Montana Code Annotated, "Title 7. Chapter 5. Part 1. Suit To Determine Validity And Constitutionality Of Petition And Proposed Action," accessed December 2, 2025
  7. ↑ 7.0 7.1 Montana Code Annotated, "Title 7. Chapter 5. Part 1. Signatures -- Submission For Approval -- Statement Of Purpose And Implication," accessed December 2, 2025
  8. ↑ Montana Code Annotated, "Title 7. Chapter 3. Part 1. Petition for alteration," accessed December 2, 2025
  9. ↑ Montana Code Annotated, "Title 7. Chapter 5. Part 1. Processing Of Petition," accessed December 2, 2025
  10. ↑ Montana Code Annotated, "Title 7. Chapter 5. Part 1. Effect Of Repeal Or Enactment Of Ordinance By Initiative Or Referendum," accessed December 2, 2025
  11. ↑ Montana Code Annotated, "Title 7. Chapter 3. Part 1. Amendment Of Self-Government Charter Or Adopted Alternative Form Of Government -- Proposed Change In Type Of Election -- Election," accessed December 3, 2025
  12. ↑ Montana Code Annotated, "Title 20. Chapter 9. Part 4. Election To Authorize The Issuance Of School District Bonds And The Methods Of Introduction," accessed December 2, 2025
  13. ↑ Montana Code Annotated, "Title 2. Chapter 1. Part 6. Sanctuary Jurisdiction Prohibited -- Exception," accessed December 2, 2025
  14. ↑ Montana Code Annotated, "Title 13. Chapter 1. Part 4. Date Of Local Government Elections -- Call For Election," accessed December 3, 2025
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