Senate Bill No. 76

Introduced By devlin

By Request of the Secretary of State



A Bill for an Act entitled: "An Act generally revising the laws governing committees and arguments for ballot issues; providing for filling vacancies on committees; revising the deadlines for appointing committees; revising the length and format of arguments and rebuttals; amending sections 13-27-402, 13-27-403, 13-27-406, and 13-27-407, MCA; and providing an immediate effective date."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 13-27-402, MCA, is amended to read:

"13-27-402.   Committees to prepare arguments for and against ballot issues. (1) The arguments advocating approval or rejection of the ballot issue and rebuttal arguments shall must be submitted to the secretary of state by committees appointed as provided in this section.

(2)  The following committees shall must be composed of:

(a) one senator known to favor the measure, appointed by the president of the senate;

(b) one representative known to favor the measure, appointed by the speaker of the house of representatives; and

(c) one individual who need not be a member of the legislature, appointed by the first two members from:

(a)(i)  the committee advocating approval of an act referred to the people or of a constitutional amendment proposed by the legislature; or

(b)(ii)  the committee advocating approval of an act referred to the people by referendum petition.

(3) (a) The committee advocating rejection of an act referred to the people or of a constitutional amendment proposed by the legislature shall must be composed of:

(i) one senator appointed by the president of the senate;

(ii) one representative appointed by the speaker of the house of representatives; and

(iii) one individual who need not be a member of the legislature, appointed by the first two members.

(b) Whenever possible, the members shall must be known to have opposed the issue.

(4)  The following shall must be three-member committees and shall must be appointed by the person submitting the petition to the secretary of state under the provisions of 13-27-202:

(a)  the committee advocating approval of a ballot issue proposed by any type of initiative petition; and

(b)  the committee advocating rejection of any ballot issue that is a legislative act referred to the people by referendum petition.

(5)  A committee advocating rejection of a ballot issue proposed by any type of initiative petition shall must be composed of five members. The governor, attorney general, president of the senate, and speaker of the house of representatives shall each appoint one member, and the fifth member shall must be appointed by the first four members. All members shall must be known to favor rejection of the issue.

(6)  No A person may not be required to serve on any committee under this section, and the person making an appointment must have written acceptance of appointment from the appointee. If an appointment is not made by the required time, the committee members that have been appointed may fill the vacancy by unanimous written consent up until the deadline for filing the arguments."



Section 2.  Section 13-27-403, MCA, is amended to read:

"13-27-403.   Appointment to committee. (1) Except as provided in subsection (2), appointments to committees advocating approval or rejection of an act referred to the people, a constitutional amendment proposed by the legislature, or a ballot measure referred to the people by referendum petition or proposed by any type of initiative petition shall must be made no later than 6 months before the election at which 1 week prior to the deadline for filing arguments on the ballot issue will be voted on by the people under 13-27-406.

(2)  Appointments to committees advocating approval or rejection of a ballot measure referred to the people by referendum petition or proposed by any type of initiative petition that is approved less than 7 months before the election at which the ballot issue will be voted on by the people shall must be made no later than 30 days after the measure is approved for circulation by the secretary of state 1 week before the deadline for filing arguments on the ballot issue under 13-27-406. All persons responsible for appointing members to the committee shall submit to the secretary of state the names and addresses of the appointees no later than the date set by this subsection. Such The submission must include the written acceptance of appointment from each appointee required by section 13-27-402(6). If an appointment is not made by the required time, the committee members that have been appointed may fill the vacancy by unanimous written consent up until the deadline for filing the arguments.

(3)  All appointees to a committee pursuant to subsection (1) or (2) must be notified by the secretary of state by certified mail, with return receipt requested, no later than 5 days after the deadline set for appointment of committee members, of the deadlines for submission of the committee's arguments.

(4)  All appointees to a committee pursuant to subsection (2) must be notified by the secretary of state by certified mail, with return receipt requested, no later than 35 days after the petition has been approved for circulation, of the deadlines for submission of the committee's arguments.

(5)  Committees appointed under subsections (2)(b), (4), and (5) of 13-27-402 must be vacated and have no further obligation if the ballot measure for which they were appointed fails to receive sufficient signatures to place it on the ballot. The secretary of state shall notify the committee members of the failure of a ballot measure to receive sufficient signatures no later than 3 days after the filing deadline set in 13-27-104."



Section 3.  Section 13-27-406, MCA, is amended to read:

"13-27-406.   Limitation on length of argument -- time of filing. An argument advocating approval or rejection of a ballot issue is limited to 500 words a single 7 1/2-inch by 10-inch page and must be filed, in typewritten form a black-and-white, camera-ready format, with the secretary of state no later than 105 days before the election at which the issue will be voted on by the people. A majority of the committee responsible for preparation shall approve and sign each argument filed. Separate signed letters of approval of an argument may be filed with the secretary of state by members of a committee if necessary to meet the filing deadline."



Section 4.  Section 13-27-407, MCA, is amended to read:

"13-27-407.   Rebuttal arguments. The secretary of state shall provide copies of the arguments advocating approval or rejection of a ballot issue to the members of the adversary committee no later than 1 day following the filing of both the approval and rejection arguments for the issue in his office. The committees may prepare rebuttal arguments no longer than 250 words one-half the size of the arguments under 13-27-406 that shall must be filed, in typewritten form in a black-and-white, camera-ready format, with the secretary of state no later than 10 days after the deadline for filing the original arguments. Discussion in the rebuttal argument must be confined to the subject matter raised in the argument being rebutted. The rebuttal argument shall must be approved and signed by a majority of the committee responsible for its preparation. Separate signed letters of approval may be submitted in the same manner as for the original arguments."



NEW SECTION. Section 5.  Effective date. [This act] is effective on passage and approval.

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