Montana 2022 ballot measures
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Two statewide ballot measures were certified to appear on the ballot in Montana on November 8, 2022. One was approved, and one was defeated.
- -A constitutional amendment that required a search warrant to access electronic data or electronic communications
- -A state statute that required medical care to be provided to infants born alive after an attempted abortion by classifying them as a "legal person" with "the right to appropriate and reasonable medical care and treatment"
On the ballot
| Type | Title | Description | Result | Yes Votes | No Votes |
|---|---|---|---|---|---|
| C-48 | Require search warrant to access a person's electronic data |
|
365,091 (82%) |
78,334 (18%) |
|
| LR-131 | Require medical care be provided to infants born alive and make not providing care a felony |
|
213,001 (47%) |
235,904 (53%) |
Summary of campaign contributions
- See also: Ballot measure campaign finance, 2022
The following chart illustrates how much support and opposition committees received in campaign contributions for each measure on the ballot:
| Ballot Measure | Support Contributions | Oppose Contributions | Outcome |
|---|---|---|---|
| Montana C-48, Search Warrant for Electronic Data Amendment (2022) | $0.00 | $0.00 | 
|
| Montana LR-131, Medical Care Requirements for Born-Alive Infants Measure (2022) | $0.00 | $1,064,529.30 | 
|
Referral of 2022 ballot measures
The following table illustrates the vote requirements for the legislative referrals certified for the ballot, the votes that the referrals received, and how Democrats and Republicans voted on the referrals in each legislative chamber:
| Montana C-48, Search Warrant for Electronic Data Amendment | Democrats | Republicans | |||
| Senate: | Required: | Yes votes: 50 (100%) | No votes: 0 (0%) | Yes: 19; No: 0 | Yes: 31; No: 0 |
| House: | Required: | Yes votes: 76 (76.0%) | No votes: 23 (23.0%) | Yes: 10; No: 22 | Yes: 66; No: 1 |
| Montana LR-131, Medical Care Requirements for Born-Alive Infants Measure | Democrats | Republicans | |||
| Senate: | Required: 26 | Yes votes: 30 (60.0%) | No votes: 20 (40.0%) | Yes: 0; No: 19 | Yes: 30; No: 1 |
| House: | Required: 51 | Yes votes: 66 (66.00%) | No votes: 34 (34.00%) | Yes: 0; No: 33 | Yes: 66; No: 1 |
Getting on the ballot
Citizen initiatives
In Montana, initiated constitutional amendments, initiated state statutes, and veto referendums can be put on the ballot through citizen signature petitions.
Petitioners were required to file the requisite number of signatures by June 17, 2022, for initiated state statues and initiated constitutional amendments. The law requires signatures for veto referendums to be submitted by six months after the legislature that passed the targeted bill adjourns.
Citizens were required to file at least 60,359 valid signatures for initiated constitutional amendments and at least 30,180 valid signatures for initiated state statutes and veto referendums.
To qualify a measure for the ballot in Montana, supporters submitted signatures directly to county officials, who are responsible for preliminary verification before passing the petition sheets on to the secretary of state by July 15, 2022. Thus, the status of some measures can remain unknown for some time after the signature submission deadline.
Legislative referrals
The Montana Legislature may refer statutes or constitutional amendments to the ballot. Any member of the legislature can propose a statute or amendment. A simple majority is required in both chambers of the state legislature to place a legislatively referred state statute on the ballot. Amendments must be adopted by an affirmative roll call vote of two-thirds of all members of the legislature and approved by state voters. Section 5 of Article III of the Montana Constitution, along with Montana Code 5-4-301, provides that the governor cannot veto legislatively referred state statutes or stop them from appearing on the ballot. Constitutional amendments do not require the governor's signature.
The 2021 legislative session began January 4, 2021, and ended May 1, 2021, during which time the legislature could refer measures to the ballot.
Referral of 2022 constitutional amendment
The following table illustrates the vote requirements for the constitutional amendment certified for the ballot, the votes the amendment received, and how Democrats and Republicans voted on the amendment in each legislative chamber:
| Montana C-48, Search Warrant for Electronic Data Amendment | Democrats | Republicans | |||
| Senate: | Required: | Yes votes: 50 (100%) | No votes: 0 (0%) | Yes: 19; No: 0 | Yes: 31; No: 0 |
| House: | Required: | Yes votes: 76 (76.0%) | No votes: 23 (23.0%) | Yes: 10; No: 22 | Yes: 66; No: 1 |
| Montana LR-131, Medical Care Requirements for Born-Alive Infants Measure | Democrats | Republicans | |||
| Senate: | Required: 26 | Yes votes: 30 (60.0%) | No votes: 20 (40.0%) | Yes: 0; No: 19 | Yes: 30; No: 1 |
| House: | Required: 51 | Yes votes: 66 (66.00%) | No votes: 34 (34.00%) | Yes: 0; No: 33 | Yes: 66; No: 1 |
Historical facts
In Montana, a total of 99 ballot measures appeared on statewide ballots between 1985 and 2020. Fifty-eight ballot measures were approved, and 41 ballot measures were defeated.
| Montana statewide ballot measures, 1985-2020 | |||||||
|---|---|---|---|---|---|---|---|
| Total number | Annual average | Annual minimum | Annual maximum | Approved | Defeated | ||
| # | % | # | % | ||||
Ballot initiative certification rates
The following table shows the rate of certification for ballot initiatives in Montana between 2010 and 2020:
| Montana statewide ballot initiatives filed and certified, 2010-2020 | |||
|---|---|---|---|
| Year | Ballot initiatives filed | Certified | |
| # | % | ||
| Averages | |||
Local ballot measures
- See also: Montana 2022 local ballot measures
Click here to read more about 2022 local ballot measures in Montana.
Not on the ballot
| Type | Title | Subject | Description | Status |
|---|---|---|---|---|
| LRCA | Increase to the Residency Requirement for State Legislators Amendment | State legislatures | Amends the Montana Constitution to increase the state residency requirement from one to five years for state legislators |  |
| LRCA | Define Person in State Constitution Amendment | Constitutional language | Amends the Montana Constitution to define "person" as "all members of mankind at any stage of development, beginning at the stage of fertilization or conception, regardless of age, health, level of functioning, or condition of dependency" | |
| LRCA | Increased Signatures for Initiated Constitutional Amendments Measure | Direct democracy | Amends the Montana Constitution to require initiative petitions seeking to amend the state constitution to collect signatures from 20% of the qualified electors in each of three-fifths of the legislative districts | |
| LRCA | Increased Signatures for Initiated State Statutes Amendment | Direct democracy | Amends the Montana Constitution to require initiative petitions seeking to enact or amend state statute to collect signatures from 10% of the qualified electors in each of three-fifths of the legislative districts and the total number of signers must be at least 10% of the total qualified electors of the state | |
| LRCA | Right to Hunt and Fish Amendment | Hunting and fishing | Amends the Montana Constitution to state that citizens have a "right to hunt, fish, trap, and harvest wild fish and wildlife" | |
| LRCA | Filling Vacancies for Certain Statewide Officers Amendment | Administration of government and State executive official measures | Amends the Montana Constitution to require the governor to appoint a person from the same political party as the former officer when a vacancy occurs in the office of the secretary of state, attorney general, auditor, or superintendent of public instruction | |
| LRSS | LR-132, Electing Supreme Court Justices by Districts and Chief Justice Selection Measure | State judiciary | Requires state Supreme Court justices to be elected by district and a majority vote of the justices to elect the chief justice | |
| CICA | No State Sales Tax Amendment | Taxes | Amends the Montana Constitution to prohibit the state legislature from enacting a state sales tax | |
| CICA | Property Tax Limit Initiative | Taxes | Limit property valuation increases and decreases to either 2% or the inflation rate (whichever is lower) and limit total ad valorem property taxes on residential property to 1% or less of the assessed valuation | |
| VR | Voter Approval for Nuclear Facilities Referendum | Nuclear issues | Repeals 2021 law that removed the voter approval requirement for construction of nuclear facilities that generate 50 megawatts of electricity or more | |
| CISS | Designate Gallatin and Madison Rivers as “Outstanding Resource Waters” Initiative | Water | Designates sections of the Gallatin and Madison Rivers as “outstanding resource waters” | |
| CICA | Require an Electoral Majority for State and Congressional Elections Initiative | Elections and campaigns | Requires an electoral majority rather than a plurality for state and congressional elections | |
| CICA | Universal Pre-Kindergarten Initiative | Education | Establishes free public pre-kindergarten schools | |
State profile
| Demographic data for Montana | ||
|---|---|---|
| Montana | U.S. | |
| Total population: | 1,032,073 | 316,515,021 |
| Land area (sq mi): | 145,546 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 89.2% | 73.6% |
| Black/African American: | 0.5% | 12.6% |
| Asian: | 0.7% | 5.1% |
| Native American: | 6.5% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 2.5% | 3% |
| Hispanic/Latino: | 3.3% | 17.1% |
| Education | ||
| High school graduation rate: | 92.8% | 86.7% |
| College graduation rate: | 29.5% | 29.8% |
| Income | ||
| Median household income: | $47,169 | $53,889 |
| Persons below poverty level: | 17% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Montana. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Montana
Montana voted Republican in all seven presidential elections between 2000 and 2024.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, three are located in Montana, accounting for 1.46 percent of the total pivot counties.[1]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Montana had two Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.10 and 4.00 percent of all Retained and Boomerang Pivot Counties, respectively.
More Montana coverage on Ballotpedia
- Elections in Montana
- United States congressional delegations from Montana
- Public policy in Montana
- Endorsers in Montana
- Montana fact checks
- More...
See also
- 2022 ballot measures
- List of Montana ballot measures
- Laws governing the initiative process in Montana
- Montana Legislature
Footnotes
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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