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Montana Child Pornography and Criminal Racketeering Amendment (2026)

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Montana Child Pornography and Criminal Racketeering Amendment

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Election date

November 3, 2026

Topic
Criminal trials
Status

Proposed ballot measures that were not on a ballotNot on the ballot

Type
Legislatively referred constitutional amendment
Origin

State legislature



The Montana Child Pornography and Criminal Racketeering Amendment is not on the ballot in Montana as a legislatively referred constitutional amendment on November 3, 2026.

The measure would have allowed the state and local government to outlaw and punish distribution or receipt of child pornography. It would have allowed any person to sue to enjoin an individual that distributes or receives such material in violation of federal racketeering laws.[1]

Text of measure

Full text

The full text is available here.

Path to the ballot

Amending the Montana Constitution

See also: Amending the Montana Constitution

A two-thirds (66.67%) vote is required of all members of the legislature during one legislative session for the Montana State Legislature to place a constitutional amendment on the ballot. Since Montana has 150 legislators (100 Representatives and 50 Senators), at least 100 members must vote in favor of a constitutional amendment for it to pass. Amendments do not require the governor's signature to be referred to the ballot.

House Bill 921 (2025)

The following is the timeline of the bill in the state legislature:[2]

  • April 5, 2025: The House passed the amendment in a vote of 54-44. The bill failed to gain the required number of votes in the Senate.[1]
Vote in the Montana House of Representatives
April 5, 2025
Requirement: Two-thirds (66.67 percent) vote of all members of the legislature as a whole, whether in a joint session or separate sessions
Number of yes votes required:[3] 58  Defeatedd
YesNoNot voting
Total54442
Total percent54%44%2%
Democrat0420
Republican5422

See also

External links

Footnotes

  1. 1.0 1.1 Montana State Legislature, "HB 921," accessed April 7, 2025
  2. Montana State Legislature, "HB 921 Status," accessed November 21, 2025
  3. Since Montana requires a two-thirds (66.67%) vote of all members of the legislature taken together, as long as there are enough yes votes in the first chamber to make passage possible (i.e., 50 in the House and 0 in the Senate), the proposal moves to the next chamber. However, a vote of less than a two-thirds majority in the first chamber requires a vote of more than two-thirds in the second chamber.