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Montana Constitutional Definition of Person Amendment (2018)

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Montana Constitutional Definition of Person Amendment
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Election date
November 6, 2018
Topic
Abortion
Status
Not on the ballot
Type
Constitutional amendment
Origin
State legislature


The Montana Constitutional Definition of Person Amendment was not on the ballot in Montana as a legislatively referred constitutional amendment on November 6, 2018.

The measure would have provided for a definition of person in the Montana Constitution. The term person would have been defined as "all members of the species Homo sapiens at any stage of development, including the stage of fertilization or conception, regardless of age, health, level of functioning, or condition of dependency." According to the Montana Constitution, all individuals meeting this section's definition of person shall not be "deprived of life, liberty, or property without due process of law."[1]

Text of measure

Ballot title

The ballot title would have been as follows:[1]

An act submitting to the qualified electors of Montana an amendment to Article II, Section 17, of the Montana Constitution defining "person" to include all members of the species Homo sapiens at any stage of development; and providing an effective date..[2]

Constitutional changes

See also: Article II, Montana Constitution

The measure would have amended Section 17 of Article II of the Montana Constitution. The following underlined text would have been added:[1]

Section 17. Due process of law.

(1) No person shall be deprived of life, liberty, or property without due process of law.

(2) As used in this section, the word "person" applies to all members of the species Homo sapiens at any stage of development, including the stage of fertilization or conception, regardless of age, health, level of functioning, or condition of dependency.

(3) The legislature shall implement this section by appropriate legislation.[2]

Path to the ballot

See also: Amending the Montana Constitution

In Montana, a constitutional amendment must be passed by a two-thirds vote of all members of the state legislature during one legislative session. In other words, both chambers do not need to approve an amendment by a two-thirds vote; rather, the combined 'yes' votes in the House and Senate need to equal two-thirds of all members.

Rep. Derek Skees (R-11) introduced the amendment into the legislature as House Bill 595 (HB 595) on January 13, 2017. The Montana House of Representatives approved the amendment, 58 to 42, on March 31, 2017.[3] To receive a two-thirds vote of all legislators, HB 595 needed the 'yes' votes of 42 senators in the 50-member Montana Senate. As of April 2017, the Senate consisted of 18 Democrats and 32 Republicans. On April 13, 2017, the Senate voted 30 to 20 on the amendment, 12 less than needed to refer the measure to the ballot.

House vote

March 31, 2017[3]

Montana HB 595 House Vote
ResultVotesPercentage
Approveda Yes 58 58.00%
No4242.00%
Partisan breakdown of House votes
Party Affiliation Yes No Excused Total
Democrat 1 40 0 41
Republican 57 2 0 59
Total 58 42 0 100

Senate vote

April 13, 2017[3]

Montana HB 595 Senate Vote
ResultVotesPercentage
Approveda Yes 30 60.00%
No2040.00%
Partisan breakdown of Senate votes
Party Affiliation Yes No Excused Total
Democrat 0 18 0 18
Republican 30 2 0 32
Total 30 20 0 50

See also

External links

Footnotes

  1. 1.0 1.1 1.2 Montana Legislature, "House Bill 595," accessed March 31, 2017
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  3. 3.0 3.1 3.2 Montana Legislature, "HB 595 Overview," accessed March 31, 2017