Montana Define Person in State Constitution Amendment (2022)
| Montana Define Person in State Constitution Amendment | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic Constitutional language | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Montana Define Person in State Constitution Amendment was not on the ballot in Montana as a legislatively referred constitutional amendment on November 8, 2022.[1]
The amendment would have amended 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."[2]
Text of measure
Ballot question
The ballot question would have been as follows:[2]
| “ | 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 mankind at any stage of development; and providing an effective date.
[ ] YES on Constitutional Amendment [ ] NO on Constitutional Amendment[3] |
” |
Constitutional changes
- See also: Article II, Montana Constitution
The measure would have amended section 17 of Article II of the state constitution. The following underlined text would have been added, and struck-through text would have been deleted:[2]
Text of 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 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.
(3) No cause of action may arise as a consequence of harm caused to an unborn baby by an unintentional act of its mother.
(4) The legislature shall implement this section by appropriate legislation.[3]
Path to the ballot
- See also: Amending the Montana Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Montana State Senate and the Montana House of Representatives.
House Bill 337 (HB 337) was introduced on February 8, 2021, by Rep. Caleb Hinkle (R). The state House approved the bill on March 19, 2021, in a vote of 66-33 with one excused. The amendment was defeated in the state Senate by a vote of 29-21, which did not meet the two-thirds (66.67%) vote.[1]
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See also
External links
Footnotes
- ↑ 1.0 1.1 Montana State Legislature, "Overview of HB 337," accessed March 22, 2021
- ↑ 2.0 2.1 2.2 Montana State Legislature, "Text of HB 337" accessed March 22, 2021
- ↑ 3.0 3.1 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 - ↑ 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.
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State of Montana Helena (capital) |
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