Types of ballot measures in Montana

• Montana has three types of citizen-initiated ballot measures:initiated constitutional amendments,initiated state statutes, andveto referendums.

• In Montana, the legislature can referconstitutional amendments,state statutes, andconstitutional convention questions to the ballot.

Laws governing the initiative process in Montana

• In Montana, citizens have the power to initiatestate statutes orconstitutional amendments, as well as the power to repeal legislation throughveto referendums.

• In 1906, voters adopted aconstitutional amendment allowing for initiated state statutes and veto referendums. In 1972, voters approved arevised constitution, which included the power to initiate constitutional amendments.

• In Montana, a total of 104 ballot measures appeared on statewide ballots between 1985 and 2024. Sixty (60) ballot measures were approved, and 44 ballot measures were defeated.

Amending the Montana Constitution

• Montana became a state in 1889. The currentstate constitution was ratified in 1973.

• The Montana Constitution can be amended in three ways:
  • Legislatively referred constitutional amendment: The state Legislature can refer constitutional amendments to the ballot, with a two-thirds vote in each legislative chamber.
  • Initiated constitutional amendment: Citizens can initiate constitutional amendments in Montana.
  • Convention-referred constitutional amendment: A state constitutional convention can vote to refer constitutional changes to the ballot.
    • According toSection 3, Article XIV of the Montana Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years, if it has not otherwise appeared on the ballot in the last 20 years. Montana is one of 14 states that provides for an automatic constitutional convention question.
    • The Montana State Legislature is also authorized to submit a constitutional convention question to voters via a two-thirds (66.67%) vote of both chambers.
    • Citizens may also initiate a constitutional convention question. The number of signatures required to place the question on the ballot is equal to 10% of the qualified electors of the state, including at least 10 percent of the qualified electors in each of two-fifths of the legislative districts.

Laws governing local ballot measures in Montana

• Article XI, Section 8 of the Montana Constitution provides for initiative and referendum at the local level.

Signature requirements for ballot measures in Montana

• In Montana, the number of signatures required for ballot initiatives is tied to the number of votes cast in the preceding gubernatorial election.
  • Aninitiated constitutional amendment requires a number of signatures equal to 10% of the votes cast for governor.
    • Montana also has adistribution requirement that requires proponents to collect signatures equal to 10% of the qualified electors in each of two-fifths (40) of the state's 100 legislative districts.
  • Aninitiated state statute orveto referendum requires a number of signatures equal to 5% of the votes cast for governor.
    • Montana also has adistribution requirement for state statutes that requires proponents to collect signatures equal to 5% of the qualified electors in each of one-third (34) of the state's 100 legislative districts. For veto referendums, the requirement is signatures equal to 5% of the qualified voters from at least one-third of legislative districts to qualify the referendum for the ballot.

Laws governing recall in Montana

• Montana state law authorizes that "[a]ny person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office."^[1]

Laws governing state constitutional conventions in Montana

• According toSection 3, Article XIV of the Montana Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years, if it has not otherwise appeared on the ballot in the last 20 years. Montana is one of 14 states that provides for an automatic constitutional convention question.

• A two-thirds vote (66.67%) of both chambers of the Montana State Legislature is required to place a constitutional convention question on the ballot.

• Citizens may also initiate a constitutional convention question. The number of signatures required to place the question on the ballot is equal to 10% of the qualified electors of the state, including at least 10 percent of the qualified electors in each of two-fifths of the legislative districts.

• Approval of the constitutional convention question requires a simple majority vote.

Campaign finance requirements for Montana ballot measures

• In Montana, a committee "organized to support or oppose a particular ballot issue" is considered a ballot issue committee. The committee must appoint a treasurer and file a statement of organization within five days of making an expenditure. Committees supporting or opposing statewide ballot issues must file this form with the Montana Commissioner of Political Practices.

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