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Montana I-185, Extend Medicaid Expansion and Increase Tobacco Taxes Initiative (2018)

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Montana I-185
Flag of Montana.png
Election date
November 6, 2018
Topic
Taxes and Healthcare
Status
Defeatedd Defeated
Type
State statute
Origin
Citizens


Montana I-185, the Extend Medicaid Expansion and Increase Tobacco Taxes Initiative (2018) was on the ballot in Montana as an initiated state statute on November 6, 2018. It was defeated.

A yes vote supported the ballot initiative to extend expanded eligibility for Medicaid coverage and raise taxes on tobacco products to fund Montana's Medicaid expansion programs (which would otherwise expire on June 30, 2019) as well as other healthcare-related programs.
A no vote opposed the ballot initiative to extend Montana's Medicaid expansion and raise taxes on tobacco products, thereby allowing Medicaid expansion to expire on June 30, 2019.

Election results

Montana I-185

Result Votes Percentage
Yes 236,990 47.30%

Defeated No

264,087 52.70%
Results are officially certified.
Source

Overview

What would I-185 have done?

The initiative was designed to do the following:

  • Increase taxes on cigarettes by $2.00 per pack, bringing the total taxes on a pack of cigarettes up to $3.70;
  • Increase taxes for all other tobacco products, including electronic cigarettes and all vaping products by 33 percent of the wholesale price;
  • Increase taxes on moist snuff (chewing tobacco) to either 83 percent of the wholesale price or $3.70 per 1.2 ounces, whichever is greater;
  • Use the revenue to extend and fund expanded eligibility of Medicaid coverage under the Affordable Care Act in Montana and other health-related programs; and
  • Eliminate the expiry date of extended Medicaid services for certain low-income adults, which would otherwise end on June 30, 2019.

Who was behind the campaigns surrounding I-185?

One committee was registered to support this initiative: Healthy Montana for I-185. The committee had raised $9.8 million and spent $9.7 million.[3] The largest donor was MHA IC to Support I-185 which contributed 73 percent of the total contributions ($7.1 million). MHA IC to Support I-185 was a committee formed by the Montana Hospital Association to support I-185.

Montanans Against Tax Hikes (MATH) was registered to opposed I-185. The committee had raised $17.53 million and spent $17.52 million. Altria Client Services LLC provided 98.5 percent of the contributions to MATH, including loans totaling $8.1 million dollars, which Ballotpedia is treating as a cash contribution until and unless they are reported as repaid.[3] Altria Client Services is a producer and marketer of tobacco and cigarette products. They describe their companies—which include the makers of Marlboro cigarettes, Copenhagen, Skoal, Black & Mild cigars, and Mark Ten vapor products— as "the undisputed market leaders in the U.S. tobacco industry for decades."[4] Another committee, Business for Fair Tax Policy, was registered in opposition to I-185, but it had not reported any contibutions or expenditures.

What states voted on measures related to Medicaid expansion in 2018?

In November 2018, voters in Idaho, Montana, Nebraska, and Utah decided ballot initiatives concerning Medicaid expansion and the funding of expanded Medicaid coverage. In January, voters in Oregon approved Measure 101, thereby upholding 2017 legislation to provide funding for the state's portion of costs for expanded Medicaid coverage through a tax on healthcare insurance and the revenue of certain hospitals.

The Affordable Care Act, also known as Obamacare, was enacted in March 2010. Between 2013 and 2016, no statewide ballots featured measures related to Obamacare. In 2017, voters in Maine approved a ballot measure to expand Medicaid to persons under the age of 65 and with incomes equal to or below 138 percent of the federal poverty line. The measure was the first citizen initiative to implement an optional provision of Obamacare.

2018 measures:

Measure Description Status
Idaho Proposition 2 Expand coverage to 138 percent of the federal poverty line
Repealed, altered, or partially repealed
Montana I-185 Extend expanded coverage and increase tobacco taxes
Defeatedd
Nebraska Initiative 427 Expand coverage to 138 percent of the federal poverty line
Approveda
Utah Proposition 3 Expand to 138 percent of the federal poverty line and increase sales tax
Repealed, altered, or partially repealed
Oregon Measure 101 Upheld health insurance tax to fund expanded coverage
Approveda

Aftermath

On April 18, 2019, the Montana State Legislature passed House Bill 658 (HB 658), which continued the Medicaid expansion that was set to expire in July 2019, added work requirements, and created new eligibility verification procedures. Under HB 658, Medicaid expansion was set to expire on June 30, 2025. The state House passed the measure with a vote of 61-35, and it passed in the state Senate with a vote of 28-22. It was signed into law on May 9, 2019.[5]

Measure design

The initiative was designed to do the following:

  • Increase taxes on cigarettes by $2.00 per pack, bringing the total taxes on a pack of cigarettes up to $3.70;
  • Increase taxes for all other tobacco products, including electronic cigarettes and all vaping products by 33 percent of the wholesale price;
  • Increase taxes on moist snuff (chewing tobacco) to either 83 percent of the wholesale price or $3.70 per 1.2 ounces, whichever is greater;
  • Use the revenue to extend and fund expanded eligibility of Medicaid coverage under the Affordable Care Act in Montana and other health-related programs; and
  • Eliminate the expiry date of extended Medicaid services for certain low-income adults, which would otherwise end on June 30, 2019.

Going into the election, the expanded eligibility of Montana's Medicaid coverage was funded at about 95 percent by the federal government, but federal support for the expansion decreased to 90 percent in 2020, with the state needing to pay the remainder of the costs. Montana expanded Medicaid coverage in 2015 with the condition that it be reapproved before June 30, 2019. The measure would have eliminated the expiry date of extended Medicaid services for certain low-income adults, which was otherwise set to end on June 30, 2019.[6] I-185 was designed to use a percentage of tax revenue to fund the expanded Medicaid program and various other health-related programs, as follows:[7][8]

  • Montana expanded Medicaid program, also known as the Montana Health and Economic Livelihood Partnership (HELP) program (up to $26 million per fiscal year)
  • Smoking prevention and cessation programs (up to $3 million per fiscal year)
  • Veterans' services and suicide prevention (up to $2 million per fiscal year)
  • Home and community-based Medicaid waiver services (up to $5 million per fiscal year)

Text of measure

Ballot title

The ballot title for the measure was as follows:[9]

INITIATIVE NO. 185
A LAW PROPOSED BY INITIATIVE PETITION

I-185 raises taxes on all tobacco products, amends the definition to include e-cigarettes and vaping products, and dedicates funds. Taxes are increased by $2.00 per pack of cigarettes for a total tax of $3.70 per pack. Taxes on moist snuff increase to the greater of 83% of wholesale or $3.70 per 1.2 ounces. The tax rate increases by 33% of the wholesale price for all other tobacco products including new taxes on e-cigarettes and vaping products. I-185 eliminates the sunset date for expanded Medicaid services for certain low-income adults, which otherwise ends June 30, 2019. I-185 dedicates a percentage of these increased tax revenues for: certain health-related programs, including some of the costs for Montana’s current Medicaid program; veterans’ services; smoking prevention and cessation programs; and long-term care services for seniors and people with disabilities.

New revenue from increases in tobacco taxes will generate $74.3 million per year by 2023. Revenues may decline as fewer people use tobacco. The State must pay a percentage of the cost of the extended Medicaid services, which increases from 6.77% in 2019 to a cap of 10% by 2021.

[ ] YES ON INITIATIVE I-185

[ ] NO ON INITIATIVE I-185 [10]

Full text

To read the full text of I-185, click here.

Readability score

See also: Ballot measure readability scores, 2018
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The initiative proponents, with review by state officials, wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 10, and the FRE is 48. The word count for the ballot title is 198, and the estimated reading time is 52 seconds. The FKGL for the ballot summary is grade level N/A, and the FRE is N/A. The word count for the ballot summary is N/A, and the estimated reading time is N/A.

In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Healthymontana185logo.JPG

Healthy Montana led the campaign in support of I-185.[11]

The following individuals, groups, organizations, and hospitals endorsed Healthy Montana or otherwise indicated their support for Initiative 185:[11]

  • Diane Magone (D), candidate for Montana House of Representatives, District 14[12]
  • Jason Cohen, MD, chief medical officer at North Valley Hospital[13]
  • AARP MT
  • Advanced Care Hospital of Montana
  • American Cancer Society Cancer Action Network
  • American Heart Association/American Stroke Association
  • American Lung Association
  • Association of Montana Public Health Officials
  • Beartooth Billings Clinic
  • Benefis Health System
  • Big Horn Hospital Association
  • Billings Clinic
  • Bozeman Health
  • Central Montana Medical Center
  • Child Care Resources, Inc.
  • Clark Fork Valley Hospital
  • Community Medical Center
  • Glendive Medical Center
  • Great Falls Clinic Hospital
  • Liberty Medical Center
  • Marcus Daly Memorial Hospital
  • Mineral Community Hospital
  • Missoula Dental Hygienists’ Association
  • Monida Healthcare Network
  • Montana Budget and Policy Center
  • Montana Dental Hygiene Association
  • Montana Federation of Public Employees
  • Montana Hospital Association
  • Montana Human Rights Network
  • Montana Medical Association
  • Montana Primary Care Association
  • Montana Public Health Association
  • Montana Speech-Language-Hearing Association
  • Montana Women Vote
  • Northern Rockies Medical Center
  • Park Place Investments, LLC
  • Planned Parenthood Advocates of Montana
  • Pondera Medical Center
  • Prairie County Health District*
  • Providence St. Patrick Hospital
  • Providence St. Joseph Hospital
  • Roundup Memorial Healthcare
  • Sapphire Community Health
  • SEIU 775
  • Shodair Children’s Hospital
  • St. Luke Community Healthcare
  • St. Peter’s Health

Arguments

  • Healthy Montana argued that increasing the cigarette tax by $2 per pack would do the following:[11]
  • Help people stop smoking, prevent premature deaths, and prevent kids from starting smoking;
  • Prevent 100,000 people from losing their existing health care coverage through Medicaid; and
  • Help fund veterans nursing homes and suicide prevention programs.
  • Officials at the American Heart Association, American Lung Association, American Cancer Society, and the Campaign for Tobacco-Free Kids made the following arguments:[14]
  • The Healthy Montana initiative (I-185) will raise the tax on tobacco products, keeping kids from starting a deadly addiction and helping adults who smoke quit.
  • Tobacco costs Montanans more than $440 million in health care costs each year. Whether they smoke or not, Montana households each pay $750 yearly in taxes from smoking-caused government expenditures.
  • ...revenue from the new tax will help fund tobacco prevention and cessation programs and services, preserve Medicaid coverage for roughly 100,000 Montanans, and ensure health care access for veterans, seniors, people with disabilities, and low-income families.
  • The truth is I-185 will prevent 4,800 premature deaths, decrease youth smoking by 20 percent and provide life-saving care for many Montanans.[10]
  • David Ewer, former executive director of the Montana Board of Investments, and Monica Lindeen, former president of the National Association of Insurance Commissioners, made the following arguments:[15]
Right now, treating tobacco-related diseases among Medicaid recipients costs more than $81 million per year. Today, Montana taxpayers are helping to pay those costs whether they smoke or not. With this initiative, if you don’t smoke, you won’t pay. In addition, an independent review of the initiative from the Office of Budget and Program Planning shows that revenue from raising the state tax on tobacco products will ensure health care isn’t taken away from thousands of Montana families and veterans. Let us be crystal clear: I-185 protects current Medicaid recipients all over this state from having their coverage taken away. Despite Big Tobacco’s claims to the contrary, it does not create a new program.[10]

Opposition

Montanans Against Tax Hikes (MATH) led the campaign in opposition to the measure.[3]

Opponents

Arguments

  • Americans for Prosperity Montana state Director David Herbst wrote the following in the Helena Independent Register: "Medicaid expansion will create millions in unfunded liabilities, dramatically grow the size of government, raise the certainty of even more taxes down the road, and worst of all crowd out vital health services for the disabled, the elderly, and expectant mothers. Medicaid expansion costs too much and will drain the state treasury. And it will deny care to those who need it most. Montanans would be wise to reject Initiative 185 when it comes up for a vote in this year’s November election."[19]
  • American Conservative Union's Director of Government Affairs, Michi Iljazi, argued, "Montana doesn’t need another tax increase to solve their budget woes, they’ve increased healthcare spending year after year. Tax increases will likely beget more tax increases, which will drive businesses away and harm consumers. Montana should be looking for ways to shift their budget priorities to accommodate the needs of its citizens, rather than relying tax increases that will fail to bring in the needed revenue. The State Legislature rejected an increase in tobacco taxes in 2017 and voters should do the same and reject I-185."[20]
  • David Moore wrote, "I-185 locks into place Montana’s existing Medicaid Expansion program while bypassing the evaluation the Legislature had in mind when we created the program and not allowing us to make the needed changes. I-185 eliminates the sunset provision, permanently locking in the current Medicaid Expansion law and stripping away the Legislature's plans to address costs, evaluate effectiveness and discontinue parts of the legislation that don't work."[18]
  • Deanna Marshall, secretary of the Montana Smoke Free Association and co-owner of Freedom Vapes, said, "I-185 isn’t just a tax on tobacco products. It also includes a brand new, 83-percent tax on vaping products. Vaping has been identified as a potential way to help smokers quit. Imposing an expensive tax on vaping products will make it that much harder for people who want to quit smoking to afford vaping products to help them quit. I-185 creates a new tax on a class of products that have the potential to help people quit smoking, gives a fraction of its new money to prevent smoking in the first place, doesn’t fully fund Medicaid expansion (the program it makes permanent), and gives a multi-million dollar blank check to politicians. It’s clear that this initiative is all about the money."[21]
  • Sen. Llew Jones (R-9) and other Republican legislators wanted to call a special session of the Montana Legislature to address two ballot initiatives: the initiative to increase taxes on tobacco to fund Medicaid and other health programs and an initiative to require new hard rock mines to have reclamation plans that don't require perpetual water treatment after the mine's closure. Jones said he and other Republican legislators felt that the initiatives "do not reflect their stated values." Jones said he and other Republicans would like a referendum on the ballot next to the proposed initiative that would require Medicaid recipients who are able-bodied to work in exchange for health care benefits.[16] Republicans did not have enough support to call for a special session.[22]
  • The Guardian Group wrote a letter to Montana Secretary of State Corey Stapleton arguing that the initiative is unconstitutional because it violates the state constitution by appropriating funds. Nathan Pierce, a spokesman for the Guardian Group, said, "I-185 unambiguously appropriates money to many areas, including Medicaid expansion, in clear violation of the Montana constitution."[17]

Media editorials

See also: 2018 ballot measure media endorsements

Support

  • The Independent Record said: "Like many of the initiative's opponents, we do not want Medicaid expansion to expire and believe the Legislature should be responsible for figuring out how to fund it. But we have also seen what happens when our Legislature is tasked with finding funding for important programs. If past behavior is any indicator of future performance, it’s unlikely that our legislators will be able to find a solution before thousands of Montanans lose their health care coverage next year. That’s simply not a chance we are willing to take. Despite its many problems, we believe I-185 is a workable, bipartisan solution to a serious problem facing nearly one in 10 Montanans."[23]
  • The Missoulian said: "I-185 will save lives. It will encourage more tobacco users to quit, prevent more young people from starting in the first place, and fund important health care for those whose tobacco use is wrecking their health. Vote for I-185, the Extend Medicaid Expansion and Increase Tobacco Taxes Initiative."[24]
  • The Billings Gazette said: "If you want health care to be available to you and your neighbors when needed, vote for I-185. Don’t buy Big Tobacco’s misleading claims."[25]

Opposition

  • The Wall Street Journal: "Montana’s expansion has come in 70% over budget, according to the Foundation for Government Accountability. The state is now proposing to fund its expansion with a tobacco tax, which is impressive cynicism even for politics. [...] Medicaid expansion is a bad fiscal and health-care bargain that looks worse as time passes. States like Kentucky are already looking for reforms like work requirements before the “free” money drowns their state fisc. Voters would be wise to reject the phony compassion and focus scarce resources on the poor and disabled."[26]

Campaign finance

See also: Campaign finance requirements for Montana ballot measures

One committee was registered to support this initiative: Healthy Montana for I-185. The committee had raised $9.8 million and spent $9.7 million.[3] The largest donor was MHA IC to Support I-185 which contributed 73 percent of the total contributions ($7.1 million). MHA IC to Support I-185 was a committee formed by the Montana Hospital Association to support I-185.

Montanans Against Tax Hikes (MATH) was registered to opposed I-185. The committee had raised $17.53 million and spent $17.52 million. Altria Client Services LLC provided 98.5 percent of the contributions to MATH, including loans totaling $8.1 million dollars, which Ballotpedia is treating as a cash contribution until and unless they are reported as repaid.[3] Altria Client Services is a producer and marketer of tobacco and cigarette products. They describe their companies—which include the makers of Marlboro cigarettes, Copenhagen, Skoal, Black & Mild cigars, and Mark Ten vapor products— as "the undisputed market leaders in the U.S. tobacco industry for decades."[27]

Another committee, Business for Fair Tax Policy, was registered in opposition to I-185, but it had not reported any contibutions or expenditures.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $8,608,819.15 $1,225,989.08 $9,834,808.23 $8,484,561.79 $9,710,550.87
Oppose $16,186,731.00 $1,342,394.41 $17,529,125.41 $16,180,442.30 $17,522,836.71
Total $24,795,550.15 $2,568,383.49 $27,363,933.64 $24,665,004.09 $27,233,387.58

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[3]

Committees in support of I-185
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Healthy Montana for I-185 $8,608,819.15 $1,225,989.08 $9,834,808.23 $8,484,561.79 $9,710,550.87
Total $8,608,819.15 $1,225,989.08 $9,834,808.23 $8,484,561.79 $9,710,550.87

Donors

The following were the top donors to the committee.[3]

Donor Cash Contributions In-Kind Contributions Total Contributions
MHA IC to Support I-185 $7,160,920.89 $0.00 $7,160,920.89
Fairness Project $470,041.27 $0.00 $470,041.27
SEIU 775 MT Quality Care Committee $298,292.07 $0.00 $298,292.07
MFPE (MEA MFT) $200,000.00 $33,568.94 $233,568.94
American Cancer Society Cancer Action $113,936.38 $61,187.06 $175,123.44

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.[3]

Committees in opposition to I-185
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Montanans Against Tax Hikes - MATH $16,186,731.00 $1,342,394.41 $17,529,125.41 $16,180,442.30 $17,522,836.71
Total $16,186,731.00 $1,342,394.41 $17,529,125.41 $16,180,442.30 $17,522,836.71

Donors

The following were the top donors to the committee.[3]

Donor Cash Contributions In-Kind Contributions Total Contributions
Altria Client Services LLC $16,157,447.00 $1,108,755.26 $17,266,202.26
RAI Services Company $0.00 $295,831.59 $295,831.59

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: Ballotpedia's approach to covering polls and 2018 ballot measure polls

Below are poll results for the measure:

Montana I-185
Poll Yes NoUndecided or will not vote on the measureMargin of errorSample size
Montana Television Network News and Montana State University poll
9/14/18 - 10/6/18
40.8%41.4%17.8%+/-2.02,000
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.


Background

Cigarette taxes

According to the Tax Foundation, as of January 2018, Montana's state cigarette excise tax rate was $1.70 per pack of cigarettes, ranking #22 in the nation. The state with the highest rate was New York, which had a $4.35 state excise tax per pack of cigarettes. Missouri had the lowest tax on cigarettes at just 17 cents per pack. The map below from the Tax Foundation shows cigarette taxes by state.[28]

Statecigtaxes.png

Medicaid expansion under the ACA

Policypedia Healthcare-01.png
See also: Medicaid and Obamacare

The Affordable Care Act (ACA), also known as Obamacare, was signed into law on March 23, 2010.[29] The ACA provided for the expansion of Medicaid to cover all individuals earning incomes up to 138 percent of the federal poverty level, which amounted to $12,140 for individuals and $25,100 for a family of four for 2018.[30][31][32] The law was designed to provide 100 percent of funding to cover the new recipients for the first three years and to cut off federal Medicaid funding to states that chose not to expand coverage. However, the United States Supreme Court ruled in National Federation of Independent Business v. Sebelius (2012) that the federal government could not withhold Medicaid funds from states that chose not to expand eligibility. According to the Kaiser Family Foundation, this ruling had the practical effect of making Medicaid expansion optional for states.[33] By January 1, 2017, 19 states, including Utah, had chosen not to expand eligibility.[34][35]

From 2014 to 2016, the federal government covered 100 percent of the costs of state expansion of Medicaid. In 2017, the total cost that the federal government financed decreased to 95 percent. The ACA was designed to decrease the amount the federal government covers to 94 percent in 2018, 93 percent in 2019, and 90 percent in 2020 and subsequent years.[36]

The Affordable Care Act had not provided tax credits to adults with household incomes less than the federal poverty line because the law had aimed to cover these people under Medicaid. In states that did not expand Medicaid, many of these adults fell into a coverage gap in which they neither qualified for Medicaid nor for federal tax credits to purchase health insurance. As of 2016, around 2.6 million people fell into this coverage gap across the 19 states that did not expand Medicaid.[34]

Adoption of Medicaid expansion under the ACA

As of January 2022, a total of 38 states and Washington, D.C., had expanded or voted to expand Medicaid, while 12 states had not. The map below provides information on Medicaid expansions by state; for states that expanded, hover over the state to view the political affiliation of the governor at the time of expansion.[37]

Reports and analyses

Note: The inclusion of a report, white page, or study concerning a ballot measure in this article does not indicate that Ballotpedia agrees with the conclusions of that study or that Ballotpedia necessarily considers the study to have a sound methodology, accurate conclusions, or a neutral basis. To read a full explanation of Ballotpedia's policy on the inclusion of reports and analyses, please click here.

In April 2018, the University of Montana’s Bureau of Business and Economic Research published an analysis of the economic impact of Medicaid expansion in Montana. The report was commissioned by the Montana Healthcare Foundation and Headwaters Foundation.[38]



The full report can be read here.

Path to the ballot

See also: Laws governing the initiative process in Montana

The state process

In Montana, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the votes cast for governor in the most recent gubernatorial election. Moreover, signature collection must be distributed such that petitions include signatures equal to 5 percent of the votes cast for governor in each of one-third (34) of the state's legislative districts in the last gubernatorial election. Petitioners have a maximum of one year to collect signatures and get them verified by county elections officials.

The requirements to get an initiated state statute certified for the 2018 ballot:

  • Signatures: 25,468 valid signatures were required.
  • Deadline: The deadline to submit signatures to county clerks was June 22, 2018. The deadline to submit signatures to the secretary of state was July 20, 2018.

County election officials check each signature to make sure the name corresponds to the name of a registered voter. Then they use a 5 percent random sampling method to check the authenticity of the signatures. Signature petitions are then sent to the secretary of state, which certifies the measure for the ballot if enough valid signatures were submitted.

Cost of signature collection:
Sponsors of the measure hired Direct Action Partners to collect signatures for the petition to qualify this measure for the ballot. A total of $219,131.60 was spent to collect the 25,468 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $8.60.

Details about this initiative

  • Initiative 185 was submitted by Robert Shepard on February 22, 2018.
  • The initiative was approved for signature gathering on April 16, 2018.
  • Proponents of the measure reported submitting around 40,000 signatures on June 21, 2018.[39]
  • Montana Secretary of State Corey Stapleton announced that the measure qualified for the ballot via Twitter on July 25, 2018.[40]

Lawsuit

Montanans Against Tax Hikes (MATH) v. Montana Attorney General Tim Fox (R)

  
Lawsuit overview
Issue: Whether the ballot language is confusing and incorrect and should be changed
Court: Filed in Montana Supreme Court
Ruling: Rejected, ballot language meets legal standards
Plaintiff(s): Montanans Against Tax Hikes (MATH)Defendant(s): Montana Attorney General Tim Fox (R)
Plaintiff argument:
The ballot language is incorrect and confusing
Defendant argument:
The attorney general's legal review was sufficient, the ballot language is accurate and clear

  Source: ABC News


Montanans Against Tax Hikes filed a lawsuit with the Montana Supreme Court asking the court to order the attorney general to re-write the ballot title for the measure.[41]

The group's lawyer, Bill Mercer, wrote in the request, "The Attorney General serves as the gatekeeper to the ballot. This is exactly the type of legal deficiency that is within the scope of the Attorney General's review."[41]

Amanda Cahill, a spokeswoman for the support campaign and a lobbyist for the American Heart Association, said, "Big Tobacco will try anything to protect their profits at the expense of Montana's health. Pursuing an unnecessary legal challenge while wasting taxpayer dollars appears to be part of Big Tobacco's playbook nationwide — it's unfortunate to see it happening Montana."[41]

On August 15, 2018, the Supreme Court rejected the plaintiff's request to re-write ballot language for the measure, saying the language already complied with legal standards.[42]


I-185 full text

The full text of the measure is displayed below. The underlined text would have been added, and struck-through text would habe been deleted:[7]

How to cast a vote

See also: Voting in Montana

Poll times

Registration requirements

Check your voter registration status here.

To register to vote in Montana, each applicant must be a citizen of the United States, a non-temporary resident of Montana for at least 30 days prior to the election, and at least 18 years old by the day of the election.[43] People serving a felony sentence in a penal institution and those who have been declared by a court to be of unsound mind are not eligible to vote.[44]

An individual can register to vote in person by completing a registration application at their county election office. They can register by mailing the application to their county election administrator or submitting it when applying for or renewing a driver’s license or state ID. Applicants may also register to vote at their county election offices, certain designated locations, or at their designated polling location on Election Day.[44][45]

Automatic registration

See also: Automatic voter registration

Montana does not practice automatic voter registration.

Online registration

See also: Online voter registration

Montana does not permit online voter registration.

Same-day registration

See also: Same-day voter registration

Montana allows same-day voter registration. An eligible voter may register before noon on Election Day.[46]

Residency requirements

In order to register to vote in Montana, applicants must have lived in the state for at least 30 days prior to the election. Montana law says an individual does not gain residency if they relocate for, "temporary work, training, or an educational program, without the intention of making that county or the state the individual's permanent home at the conclusion of the temporary work, training, or educational program."[47]

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Montana does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[48] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site My Voter Page, run by the Montana secretary of state’s office, allows residents to check their voter registration status online.

Voter ID requirements

Montana requires voters to present identification while voting.

Montana's voter identification requirements are outlined in Section 13-13-114 of Montana Code. The law states, "Before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification showing the elector's name that is current, valid, and readable:"[49]

  • (i) a Montana driver's license, Montana state identification card issued pursuant to 61-12-501, military identification card, tribal photo identification card, United States passport, or Montana concealed carry permit, or student photo identification card issued by the Montana university system or a school that is a member of the national association of intercollegiate athletics; or
  • (ii) (A) a current utility bill, bank statement, paycheck, government check, or other government document that shows the elector's name and current address; and (B) photo identification that shows the elector's name.[10]


See also

External links

Support

Opposition

Submit links to editor@ballotpedia.org.

Footnotes

  1. If one missed the Oct. 9 deadline, he or she could have still voted in the election by registering in person at the county election office. Late registration was available until the close of polls on Election Day.
  2. If one missed the Oct. 9 deadline, he or she could have still voted in the election by registering in person at the county election office. Late registration was available until the close of polls on Election Day.
  3. 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 State of Montana, "Campaign Electronic Reporting System," accessed June 4, 2018
  4. Altria, "At-A-Glance," accessed September 6, 2018
  5. Montana State Legislature, "HB 658 Overview," accessed August 4, 2020
  6. KBZK, "Signature-gathering to begin on initiative to hike tobacco taxes, extend Medicaid expansion," accessed April 18, 2018
  7. 7.0 7.1 Montana Secretary of State, "Initiative 185 full text," accessed April 17, 2018
  8. Montana Secretary of State, "2018 ballot measures," accessed April 16, 2018
  9. Montana Secretary of State, "Ballot language for I-185," accessed August 8, 2018
  10. 10.0 10.1 10.2 10.3 10.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  11. 11.0 11.1 11.2 Healthy Montana, "Home," accessed June 22, 2018
  12. Missoulian, "Opposition to I-185 is about money," accessed October 4, 2018
  13. Flathead Beacon, "I-185 Will Save Thousands of Lives," accessed October 4, 2018
  14. Flathead Beacon, "Support Raising Tax on Tobacco," accessed July 15, 2018
  15. Billings Gazette, "Guest opinion: I-185: If you don’t use tobacco, you don’t pay," accessed August 21, 2018
  16. 16.0 16.1 Montana Public Radio, "Montana Republicans Consider Special Legislative Session Over Ballot Initiatives," accessed June 27, 2018
  17. 17.0 17.1 KRTV, "Citizens group says I-185, the tobacco-tax initiative, is unconstitutional," accessed August 27, 2018
  18. 18.0 18.1 Helena Independent Register, "Guest view: I backed Medicaid expansion, but can't back I-185," accessed September 16, 2018
  19. Helena IR, "Montana's Medicaid expansion bait and switch," accessed September 5, 2018
  20. Helena Independent Register, "Montana voters should reject new tobacco taxes," accessed October 4, 2018
  21. Billings Gazette, "Guest opinion: Don't fall for the I-185 deception," accessed September 24, 2018
  22. Billings Gazette, "Montana Republicans fail to get enough votes for special session," accessed July 16, 2018
  23. Independent Record, "An IR View: Tobacco tax hike, while not ideal, is the only solution we have," accessed October 13, 2018
  24. The Missoulian, "It's simple: Save lives, vote for I-185," accessed October 13, 2018
  25. Billings Gazette, "Gazette opinion: Don’t buy Big Tobacco’s attacks on I-185," accessed October 13, 2018
  26. The Wall Street Journal, "ObamaCare’s Red State Trap," October 29, 2018
  27. Altria, "At-A-Glance," accessed September 6, 2018
  28. Tax Foundation, "How High Are Cigarette Tax Rates in Your State?," accessed June 28, 2018
  29. New York Times, "Obama Signs Health Care Overhaul Bill, With a Flourish," March 23, 2010
  30. Healthcare.gov, "Federal poverty level," accessed July 27, 2018
  31. Kaiser Health News, "Consumer’s Guide to Health Reform," April 13, 2010
  32. Office of The Assistant Secretary for Planning and Evaluation, "Poverty Guidelines," January 25, 2016
  33. Kaiser Family Foundation, "A Guide to the Supreme Court’s Affordable Care Act Decision," July 2012
  34. 34.0 34.1 Kaiser Family Foundation, "The Coverage Gap: Uninsured Poor Adults in States That Do Not Expand Medicaid Coverage," Oct 19, 2016
  35. Cite error: Invalid <ref> tag; no text was provided for refs named kkstatus
  36. Kaiser Family Foundation, "Understanding How States Access the ACA Enhanced Medicaid Match Rates," September 29, 2014
  37. HealthInsurance.org, "Medicaid," accessed January 10, 2020
  38. Montana Healthcare Foundation, "The Economic Impact of Medicaid Expansion in Montana," accessed August 2, 2018
  39. Cite error: Invalid <ref> tag; no text was provided for refs named kpax
  40. Twitter, "Corey Stapleton July 25 Tweet," accessed July 26, 2018
  41. 41.0 41.1 41.2 ABC News, "Tobacco-funded group sues over Montana citizen tax measure," accessed August 8, 2018
  42. Helena IR, "Montana Supreme Court rejects industry group's request for initiative rewrite," accessed August 16, 2018
  43. Montana law says an individual does not gain residency if they relocate for "temporary work, training, or an educational program, without the intention of making that county or the state the individual's permanent home at the conclusion of the temporary work, training, or educational program." See HB 413 from 2025 for more information.
  44. 44.0 44.1 Montana Secretary of State, “Montana Voter Registration Application,” accessed June 10, 2025
  45. Montana Motor Vehicle Division, “Additional Considerations when Getting Your License or ID,” accessed June 10, 2025
  46. Montana Legislative Services, "SB 490: Revise election laws regarding late registration," accessed June 9, 2025
  47. Montana Legislative Services, "HB 413: Revise election laws regarding residency," accessed June 9, 2025
  48. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  49. Montana Code Annotated 2023, "§ 13-13-114. Voter Identification And Marking Precinct Register Book Before Elector Votes -- Provisional Voting," accessed June 9, 2025