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Montana Definition of "Person" Amendment (2020)
| Montana Definition of "Person" Amendment | |
|---|---|
 | |
| Election date November 3, 2020 | |
| Topic Direct democracy measures | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Montana Definition of "Person" Amendment was not on the ballot in Montana as a legislatively referred constitutional amendment on November 3, 2020.[1]
Measure design
The measure would have defined a person as "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". The measure would habe extended constitutional provisions regarding due process of law to human beings from the point of conception or fertilization.[2]
Text of measure
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:[2] Note: Hover over the text and scroll to see the full text.
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 shall 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
This amendment was introduced as House Bill 302 on January 25, 2019, by Rep. Greg DeVries (R-75). On February 15, 2019, the House passed the bill in a vote of 56 to 43, largely along party lines. Jonathan Windy Boy was the only of 42 House Democrats to vote yes while Bruce Grubbs was the only of 58 House Republicans to vote no. Republican Rep. Greg Hertz was excused from voting.
The measure failed in the Senate on April 9, 2019, with all 30 Republican Senators voting yes and all 20 Democratic Senators voting no. Since the amendment needed to be adopted by an affirmative vote of two-thirds of all members of the legislature, 44 yes votes were required from the Senate for this measure to pass and secure a place on the ballot.[1]
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See also
External links
Footnotes
- ↑ 1.0 1.1 Montana State Legislature, "House Bill 302," accessed February 20, 2019
- ↑ 2.0 2.1 Montana Legislature, "HB 302 Full Text," accessed February 20, 2019
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ 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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