SENATE BILL NO. 472
INTRODUCED BY L. GROSFIELD, HARGROVE, MANGAN
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING STATUTES GOVERNING BALLOT
MEASURES; REVISING THE TIME FOR FILING BALLOT MEASURE PETITIONS WITH THE SECRETARY OF
STATE; SPECIFYING THE FORM AND CONTENT OF BALLOT MEASURE PETITIONS; REQUIRING THE
SIGNATURES OF 50 QUALIFIED ELECTORS IN ORDER TO SUBMIT A BALLOT MEASURE PETITION TO THE
SECRETARY OF STATE FOR REVIEW; REQUIRING DISCLOSURE OF THE PAID OR VOLUNTEER STATUS OF
SIGNATURE GATHERERS ON PETITIONS; REQUIRING A FISCAL IMPACT ANALYSIS OF A BALLOT
MEASURE TO BE PREPARED BY THE LEGISLATIVE FISCAL ANALYST AND NOT BY THE ATTORNEY
GENERAL; REQUIRING THE LEGISLATIVE FISCAL ANALYST TO PREPARE A FISCAL STATEMENT BASED
UPON THE FISCAL ANALYSIS; REQUIRING THE ATTORNEY GENERAL TO REVIEW BALLOT MEASURE
PETITIONS FOR LEGAL DEFECTS RELATING TO THE BALLOT MEASURE PROCESS AND REQUIRING THE
SECRETARY OF STATE TO REJECT PETITIONS FOUND BY THE ATTORNEY GENERAL TO HAVE THOSE
LEGAL DEFECTS; REQUIRING THE ATTORNEY GENERAL TO ALSO REVIEW THE CORRESPONDENCE
BETWEEN THE LEGISLATIVE SERVICES DIVISION AND BALLOT MEASURE PETITIONS FOR PETITIONERS
REQUIRING THE LEGISLATIVE SERVICES DIVISION TO REVIEW PETITIONS TO DETERMINE WHETHER
PETITIONS MAY CONTAIN CONSTITUTIONAL AND OTHER LEGAL DEFECTS AS TO THEIR PURPOSE AND TO
CERTIFY A STATEMENT TO THE SECRETARY OF STATE TO BE PRINTED ON THE BALLOT FOR THOSE
PETITIONS HAVING CONSTITUTIONAL OR OTHER SUBSTANTIVE LEGAL DEFECTS AS TO THEIR PURPOSE;
REQUIRING THE SECRETARY OF STATE TO ACCEPT PUBLIC COMMENTS AND HOLD PUBLIC HEARINGS ON
BALLOT MEASURE STATEMENTS OF PURPOSE, STATEMENTS OF IMPLICATION, LEGAL SUFFICIENCY,
AND FISCAL EFFECT; REQUIRING COMMENTS AND TESTIMONY TO BE GIVEN BY THE SECRETARY OF
STATE TO THE ATTORNEY GENERAL AND THE LEGISLATIVE FISCAL ANALYST UNADDRESSED BY THE
PERSON SUBMITTING THE PETITION; INCREASING THE PERMISSIBLE LENGTH OF STATEMENTS OF
PURPOSE; REVISING PROVISIONS GOVERNING LEGAL CHALLENGES TO BALLOT MEASURES; REVISING
PROVISIONS GOVERNING THE CONTENT OF THE VOTER INFORMATION PAMPHLET; CHANGING THE
MANNER IN WHICH CERTAIN BALLOT ISSUE VOTES ARE COUNTED; PROVIDING PENALTIES; AMENDING
SECTIONS 13-27-104, 13-27-201, 13-27-202, 13-27-204, 13-27-205, 13-27-207, 13-27-301, 13-27-302, 13-27-303,
13-27-311, 13-27-312, 13-27-315, 13-27-316, 13-27-401, 13-27-403, AND 13-27-407, AND 13-27-503, MCA; AND
PROVIDING EFFECTIVE DATES."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 13-27-104, MCA, is amended to read:
"13-27-104. Time for filing. Unless a specific time for filing is provided in the constitution, all petitions
filed with the secretary of state, certified as provided by law, must be received before 5 p.m. of the third
Friday of the fourth sixth FOURTH month prior to the election at which they are to be voted upon by the
people. THIS REQUIREMENT DOES NOT APPLY TO THE TEXT OF THE PROPOSED MEASURE THAT IS
SUBMITTED TO THE SECRETARY OF STATE PURSUANT TO 13-27-202(1)."
Section 2. Section 13-27-201, MCA, is amended to read:
"13-27-201. Form of petition generally -- secretary of state to adopt rules on uniformity. (1) A petition for the initiative, the referendum, or to call a constitutional convention must be substantially in the form provided by this chapter. Clerical or technical errors that do not interfere with the ability to judge the sufficiency of signatures on the petition do not render a petition void.
(2) Petition sheets may not exceed 8 1/2 x 14 inches in size. Separate sheets of a petition may be fastened in sections of
not more than 25 sheets. Near the top of each sheet containing signature lines must be printed the exact title of the statute or
constitutional amendment proposed or the measure to be referred or a statement that the petition is for the purpose of
calling a constitutional convention. The title required by this subsection is the attorney general's statement of purpose as
provided in 13-27-312(5). An abbreviation of the title, a preamble containing clauses further explaining the purpose of the
measure, or other language explaining the ballot issue may not be included as part of the title on a petition sheet. However,
if the attorney general certifies a statement that the petition contains legal deficiencies to the secretary of state pursuant to
13-27-312, the certified statement must appear on the petition in the manner provided by 13-27-204. If signature lines are
printed on both the front and back of a petition sheet, the information required above in this subsection must appear on both
the front and back of the sheet. The complete text of the measure proposed or referred must be attached to or contained
within each signature sheet if sheets are circulated separately. The petition or signature sheets may not contain photographs
or material other than the material required in this chapter. The text of the measure must be in the bill form provided in the
most recent issue of the bill drafting manual furnished by the legislative services division. If sheets are circulated in
sections, the complete text of the measure must be attached to each section.
(3) The secretary of state shall adopt rules governing the appearance and content of petition pages. The rules must be designed to make petition pages uniform in appearance both within a single petition and among different petitions. The rules must prohibit photographs and other material of an advertising nature from appearing in a petition. THE RULES MUST PROVIDE FOR A SPACE ON THE PETITION IN WHICH THE PERSON CIRCULATING THE PETITION INDICATES WHETHER OR NOT THE PERSON IS BEING PAID TO GATHER SIGNATURES ON THE PETITION. FAILURE TO PROPERLY INDICATE THE PERSON'S STATUS AS A PAID OR VOLUNTEER SIGNATURE GATHERER IS PUNISHABLE AS PROVIDED IN 13-27-106."
Section 3. Section 13-27-202, MCA, is amended to read:
"13-27-202. Recommendations Submission of petition TEXT OF PROPOSED BALLOT MEASURE to secretary
of state -- signatures required -- review by legislative services division -- SUBMISSION OF PETITION TO
SECRETARY OF STATE -- referral to attorney general and legislative fiscal analyst -- approval of form required
-- determination of legal sufficiency. (1) Before submission of a sample sheet to the secretary of state pursuant to
subsection (3), the following requirements must be fulfilled:
(a) The text of the proposed measure, along with the ORIGINAL signatures AND PRINTED NAMES AND
ADDRESSES CORRESPONDING TO THE SIGNATURES of at least 50 different registered voters, must be submitted to
the legislative services division for review secretary of state. THE PAGE ON WHICH THE SIGNATURES APPEAR
MUST BE ATTACHED TO A NOTARIZED AFFIDAVIT SIGNED BY THE PERSON COLLECTING THE
SIGNATURES. THE AFFIDAVIT MUST INCLUDE THE FOLLOWING STATEMENT ABOVE THE SIGNATURE
OF THE PERSON COLLECTING THE SIGNATURES, TO WHICH THAT PERSON MUST SWEAR: "I, (INSERT
THE NAME OF PERSON WHO COLLECTED THE SIGNATURES), SWEAR THAT I COLLECTED OR ASSISTED
IN COLLECTING THE SIGNATURES ON THE PAGE(S) TO WHICH THIS AFFIDAVIT IS ATTACHED AND THAT
I BELIEVE THE SIGNATURES ON THE PAGE(S) ARE GENUINE, ARE THE SIGNATURES OF THE PERSONS
WHOSE NAMES THEY PURPORT TO BE, AND ARE THE SIGNATURES OF MONTANA ELECTORS WHO ARE
REGISTERED AT THE ADDRESSES FOLLOWING THEIR SIGNATURES. I ALSO SWEAR THAT THE SIGNERS
KNEW THAT THE PURPOSE OF SIGNING THE PAGE(S) WAS TO SUBMIT A BALLOT MEASURE PETITION ON
THE SUBJECT OF (INSERT THE PURPOSE OF THE PROPOSED BALLOT MEASURE) TO THE MONTANA
SECRETARY OF STATE, THE LEGISLATIVE SERVICES DIVISION, AND THE ATTORNEY GENERAL FOR
REVIEW AND APPROVAL." The signatures may be randomly checked by the secretary of state. The secretary of state
shall submit a petition complying with this subsection (1)(a) THE TEXT OF THE PROPOSED MEASURE to the
legislative services division for review. If the secretary of state determines that fewer than 50 of the signatures submitted
with a THE TEXT OF THE proposed measure were valid at the time they were made, the proposed measure is considered
withdrawn. The validity of signatures submitted pursuant to this subsection (1)(a) may not be invalidated by the secretary of
state or challenged as to their validity by another person after the secretary of state has sent notice of the approval or
rejection of the petition in accordance with subsection (4)(b).
(b) The legislative services division staff shall review the text for clarity, consistency, CONSTITUTIONALITY, CONFLICTS WITH OTHER STATUTES, and any other factors that the staff considers when drafting proposed legislation.
(c) Within 14 days after submission of the text, the legislative services division staff shall make to the person
submitting the text written COMMENTS CONCERNING THE CONSTITUTIONALITY OF THE PROPOSED BALLOT
MEASURE AND ANY CONFLICTS WITH OTHER STATUTES AND WRITTEN recommendations for changes in the
text or a statement that no changes are not recommended.
(d) The person submitting the text shall consider the recommendations and respond in writing to the legislative services
division, accepting, rejecting, or modifying each of the recommended changes. If no changes are not recommended, no a
response is not required.
(E) IF A RECOMMENDATION CONCERNING THE LEGALITY OF THE SUBSTANCE OR PURPOSE OF THE TEXT OF THE PROPOSED MEASURE IS MADE BY THE LEGISLATIVE SERVICES DIVISION AND THE RECOMMENDATION IS REJECTED OR NOT RESPONDED TO BY THE PERSON SUBMITTING THE PETITION WITHIN 14 DAYS AFTER THE INITIAL RESPONSE TO THAT PERSON BY THE LEGISLATIVE SERVICES DIVISION, THE LEGISLATIVE SERVICES DIVISION SHALL CERTIFY A STATEMENT TO THE SECRETARY OF STATE CONCERNING THAT REJECTION OR LACK OF RESPONSE. THE STATEMENT BY THE LEGISLATIVE SERVICES DIVISION MUST BE CERTIFIED TO THE SECRETARY OF STATE WITHIN 30 DAYS OF THE RECEIPT OF THE PETITION BY THE LEGISLATIVE SERVICES DIVISION, MUST BE PUBLISHED BY THE SECRETARY OF STATE AS PROVIDED IN 13-27-311, AND MUST APPEAR ON THE BALLOT AS PROVIDED IN 13-27-204.
(2) The legislative services division shall furnish a copy of the correspondence provided for in subsection (1) to the
secretary of state, who shall make a copy of the correspondence available to any person upon request. A COPY OF THE
CORRESPONDENCE BETWEEN THE LEGISLATIVE SERVICES DIVISION AND THE PETITIONER MUST ALSO
BE FURNISHED BY THE LEGISLATIVE SERVICES DIVISION TO THE ATTORNEY GENERAL FOR THE
PURPOSES OF THE PREPARATION OF THE ATTORNEY GENERAL'S STATEMENT PURSUANT TO
13-27-312(2).
(3) Before a petition may be circulated for signatures, a sample sheet containing the text of the proposed measure, AS
WRITTEN IN CONSULTATION WITH THE LEGISLATIVE SERVICES DIVISION AS PROVIDED IN THIS
SECTION AND AFTER EXPIRATION OF THE TIME PROVIDED IN THIS SECTION FOR RESPONSE TO THE
LEGISLATIVE SERVICES DIVISION'S RECOMMENDATION, must be submitted to the secretary of state in the form
in which it will be circulated. The sample petition may not be submitted to the secretary of state more than 1 year 14 13
months prior to the final date for filing the signed petition with the county election administrator. The secretary of state
shall refer a copy of the petition sheet to the attorney general for approval and to the legislative fiscal analyst for
preparation of a fiscal impact analysis and a fiscal statement pursuant to 13-27-312. The secretary of state and the attorney
general shall each review the petition for sufficiency as to form and approve or reject the form of the petition, stating the
reasons for rejection, if any. The attorney general shall also review the petition as to for its legal sufficiency as provided in
13-27-312. If the attorney general determines that the petition is legally deficient, the attorney general shall notify the
secretary of state of that fact and provide a copy of the determination to the secretary of state and to the petitioner within the
time provided in 13-27-312(8)(9). The petition may not be given final approval by the secretary of state unless the attorney
general's determination is overruled pursuant to 13-27-316. As used in this section, "legal sufficiency" means that the
petition complies with the statutory prerequisites to submission of the proposed measure to the electors and that the text of
the proposed measure complies with constitutional requirements governing submission of ballot measures to the electorate.
Review of a petition for legal sufficiency does not include consideration of the merits or application of the measure if
adopted by the voters. REVIEW OF A PETITION BY THE ATTORNEY GENERAL FOR LEGAL SUFFICIENCY
DOES NOT INCLUDE CONSIDERATION OF THE MERITS OR APPLICATION OF THE MEASURE IF ADOPTED
BY THE VOTERS. The secretary of state or the attorney general may not reject the petition solely because the text contains
material not submitted to the legislative services division unless the material not submitted to the legislative services
division is a substantive change not suggested by the legislative services division.
(4) (a) The secretary of state shall review the comments and statements of the attorney general and the legislative fiscal
analyst received pursuant to 13-27-312 and make a final decision as to the approval or rejection of the petition. In
determining whether to accept or reject the petition, the secretary of state shall consider whether the petitioner has altered
or amended the petition in response to the opinion of the attorney general RECOMMENDATIONS OF THE
LEGISLATIVE SERVICES DIVISION and whether the petition includes any required publication of the attorney general's
LEGISLATIVE SERVICES DIVISION'S statement certified to the secretary of state pursuant to 13-27-312 THIS
SECTION.
(b) The secretary of state shall send written notice to the person who submitted the petition sheet of the final approval
or rejection of the form of the petition within 28 51 71 36 days after submission of the petition sheet. The secretary of state
shall send written notice to the person who submitted the petition sheet of the final approval or rejection of the petition
within 5 days of:
(i) the date on which a final court decision is entered under 13-27-316 if a challenge to the attorney general's review of the petition is filed pursuant to that section; or
(ii) the expiration of the time for filing a challenge to the attorney general's review under 13-27-316 if no challenge is filed. If the petition is rejected, the notice must include reasons for rejection.
(5) A petition with technical defects in form may be approved with the condition that those defects will be corrected before the petition is circulated for signatures.
(6) The secretary of state shall upon request provide the person submitting the petition with a sample petition form,
including the text of the proposed measure, the statement of purpose, and the statements of implications, any statement of
legal sufficiency certified by the attorney general pursuant to 13-27-312(2), and the fiscal statement, all as approved by the
secretary of state and the attorney general. The petition may be circulated in the form of the sample prepared by the
secretary of state. The petition may be circulated upon approval of the form of the petition by the secretary of state and the
attorney general pending a final determination of its legal sufficiency."
Section 4. Section 13-27-204, MCA, is amended to read:
"13-27-204. Petition for initiative. (1) The following is substantially the form for a petition calling for a vote to enact a law by initiative: PETITION TO PLACE INITIATIVE NO.____
ON THE ELECTION BALLOT (a) If 5% of the voters in each of 34 legislative representative districts sign this petition and the total number of voters signing this petition is ....., this measure will appear on the next general election ballot. If a majority of voters vote for this measure at that election, it will become law.
(b) We, the undersigned Montana voters, propose that the secretary of state place the following measure on the .... ....,
20..., general election ballot: (Title Exact title of measure written pursuant to 13-27-312)
(Statement Exact statement of implication written pursuant to 13-27-312) (c) Voters are urged to read the complete text of the measure, which appears (on the reverse side of, attached to, etc., as
applicable) this sheet. A signature on this petition is only to put the measure on the ballot and does not necessarily mean the
signer agrees with the measure.
(d) The attorney general of Montana has reviewed the petition for CORRESPONDENCE BETWEEN THE
LEGISLATIVE SERVICES DIVISION AND THE PETITIONER REGARDING legal sufficiency ( HAS REVIEWED
THE PETITION FOR constitutionality or conflict with other statutes) and found (here insert any statement certified by the
attorney general LEGISLATIVE SERVICES DIVISION to the secretary of state pursuant to 13-27-312(2) 13-27-202).
(e) WARNING A person who purposefully signs a name other than the person's own to this petition, who signs more than once for the same issue at one election, or who signs when not a legally registered Montana voter is subject to a $500 fine, 6 months in jail, or both.
(e)(f) Each person is required to sign the person's name and address in substantially the same manner as on the person's
voter registration card or the signature will not be counted.
(2) Numbered lines must follow the above heading in subsection (1). Each numbered line must contain spaces for the
signature, post-office address, legislative representative district number, and printed last name of the signer."
Section 5. Section 13-27-205, MCA, is amended to read:
"13-27-205. Petition for the referendum. (1) The following is substantially the form for a petition calling for approval or rejection of an act of the legislature by the referendum:
PETITION TO PLACE REFERENDUM NO.____ ON THE ELECTION BALLOT
(a) If 5% of the voters in each of 34 legislative representative districts sign this petition and the total number of voters signing the petition is ...., Senate (House) Bill Number .... will appear on the next general election ballot. If a majority of voters vote for this measure at that election it will become law.
(b) We, the undersigned Montana voters, propose that the secretary of state place the following Senate (House) Bill Number ...., passed by the legislature on ...... on the next general election ballot:
(Title Exact title of referendum written pursuant to 13-27-312) (Statement Exact statement of implication written pursuant to 13-27-312)
(c) Voters are urged to read the complete text of the measure, which appears (on the reverse side of, attached to, etc., as applicable) on this sheet. A signature on this petition is only to put the measure on the ballot and does not necessarily mean the signer agrees with the measure.
(d) The attorney general of Montana has reviewed the petition for CORRESPONDENCE BETWEEN THE
LEGISLATIVE SERVICES DIVISION AND THE PETITIONER REGARDING legal sufficiency ( HAS REVIEWED
THE PETITION FOR constitutionality or conflict with other statutes) and found (here insert any statement certified by the
attorney general LEGISLATIVE SERVICES DIVISION to the secretary of state pursuant to 13-27-312(2) 13-27-202).
(e)WARNING A person who purposefully signs a name other than his/her the person's own to this petition or who signs more than once
for the same issue at one election or signs when not a legally registered Montana voter is subject to a $500 fine, 6 months in
jail, or both.
(e)(f) Each person must shall sign his/her the person's name and address in substantially the same manner as on his/her
the person's voter registry registration card, or the signature will not be counted.
(2) Numbered lines shall must follow the above heading in subsection (1). Each numbered line shall must contain
spaces for the signature, post-office address, legislative representative district number, and printed last name of the signer."
Section 6. Section 13-27-207, MCA, is amended to read:
"13-27-207. Petition for initiative for constitutional amendment. (1) The following is substantially the form for a petition for an initiative to amend the constitution: PETITION TO PLACE CONSTITUTIONAL
AMENDMENT NO.____ ON
THE ELECTION BALLOT (a) If 10% of the voters in each of 40 legislative districts sign this petition and the total number of voters signing the petition is ....., this constitutional amendment will appear on the next general election ballot. If a majority of voters vote for this amendment at that election, it will become part of the constitution.
(b) We, the undersigned Montana voters, propose that the secretary of state place the following constitutional
amendment on the ........, 20..., general election ballot: (Title Exact title of the proposed constitutional amendment
written pursuant to 13-27-312)
(Statement Exact statement of implication written pursuant to 13-27-312) (c) Voters are urged to read the complete text of the measure, which appears (on the reverse side of, attached to, etc., as
applicable) this sheet. A signature on this petition is only to put the constitutional amendment on the ballot and does not
necessarily mean the signer agrees with the amendment.
(d) The attorney general of Montana has reviewed the petition for CORRESPONDENCE BETWEEN THE
LEGISLATIVE SERVICES DIVISION AND THE PETITIONER REGARDING legal sufficiency ( HAS REVIEWED
THE PETITION FOR constitutionality or conflict with other statutes) and found (here insert any statement certified by the
attorney general LEGISLATIVE SERVICES DIVISION to the secretary of state pursuant to 13-27-312(2) 13-27-202).
(e) WARNING A person who purposefully signs a name other than the person's own to this petition, who signs more than once for the same issue at one election, or who signs when not a legally registered Montana voter is subject to a $500 fine, 6 months in jail, or both.
(e)(f) Each person is required to sign the person's name and address in substantially the same manner as on the person's
voter registration card or the signature will not be counted.
(2) Numbered lines must follow the above heading in subsection (1). Each numbered line must contain spaces for the
signature, post-office address, legislative representative district number, and printed last name of the signer."
Section 7. Section 13-27-301, MCA, is amended to read:
"13-27-301. Submission of petition sheets -- withdrawal of signatures. (1) Signed sheets or sections of petitions
shall must be submitted to the official responsible for registration of electors in the county in which the signatures were
obtained no sooner than 9 11 10 months and no later than 4 3 weeks before the final date for filing the petition with the
secretary of state.
(2) Signatures may be withdrawn from a petition for constitutional amendment, constitutional convention, initiative, or
referendum up to the time of final submission of petition sheets as provided in subsection (1). The secretary of state shall
prescribe the form to be used by an elector desiring to have his the elector's signature withdrawn from a petition."
Section 8. Section 13-27-302, MCA, is amended to read:
"13-27-302. Certification of signatures -- affidavit required -- content. (1) An A signed, notarized, and dated
affidavit, in substantially the following form, must be attached to each sheet or section submitted to the county official and
must contain the following information printed within the text of the affidavit:
I, (name of person who circulated this petition), swear that I circulated or assisted in circulating the petition to which
this affidavit is attached, that I believe the signatures on the petition are genuine, are the signatures of the persons whose
names they purport to be, and are the signatures of Montana electors who are registered at the address following their
signature, and that the signers knew the contents of the petition before signing the petition.
...............................
(Signature of petition circulator)
................................
(Address of petition circulator)
Subscribed and sworn to before me this ... day of ....., 20...
.............................
Seal (Person authorized to take oaths)
...............................
(Title or notarial information)
(a) the name, street or other residence address, city or town, and county where the signature gatherer resides and the date and place where the affidavit was signed;
(b) that the signature gatherer has read and understands the Montana law governing the collection of signatures on a
petition A STATEMENT AS TO WHETHER OR NOT THE SIGNATURE GATHERER WAS PAID FOR THE
COLLECTION OF ALL OR SOME OF THE SIGNATURES;
(c) that in order to be able to adequately answer questions from potential signers of the petition, the signature gatherer read the petition before gathering signatures and understands the content of the petition; AND
(d) that the signature gatherer solicited the signatures on the petition to which the affidavit is attached and believes that
the signatures on the petition are genuine in that they are of the individuals for whom they purport to be;.
(e) that the signatures are of Montana electors who are registered at the address following their signature; and
(f) that the persons signing the petition knew the content of the petition before they signed.
(2) The county official and the secretary of state may not accept for filing a petition or a part of a petition that does not have attached to it the affidavit required by subsection (1)."
Section 9. Section 13-27-303, MCA, is amended to read:
"13-27-303. Verification of signatures by county official -- allocating voters following reapportionment --
duplicate signatures. (1) Except as required by 13-27-104, within 4 weeks after receiving the sheets or sections of a
petition, the county official shall check the names of all signers to verify they are registered electors of the county. In
addition, the official shall randomly select signatures on each sheet or section and compare them with the signatures of the
electors as they appear in the registration records of the office. If all the randomly selected signatures appear to be genuine,
the number of signatures of registered electors on the sheet or section may be certified to the secretary of state without
further comparison of signatures. If any of the randomly selected signatures do not appear to be genuine, all signatures on
that sheet or section must be compared with the signatures in the registration records of the office.
(2) For the purpose of allocating the signatures of voters among the several legislative representative districts of the
state as required to certify a petition for a ballot issue under the provisions of this chapter following the filing of a
districting and apportionment plan under 5-1-111 and before the first gubernatorial election following the filing of the plan,
the new districts must be used with the number of signatures needed for each legislative representative district being the
total votes cast for governor in the last gubernatorial election divided by the number of legislative representative districts.
(3)(2) Upon discovery of fraudulent signatures or duplicate signatures of an elector on any one issue, the election
administrator may submit the name of the elector or the petition circulator, or both, to the county attorney to be investigated
under the provisions of 13-27-106 and 13-35-207."
Section 10. Section 13-27-311, MCA, is amended to read:
"13-27-311. Publication of proposed notice of completion of draft statements of purpose, implication, legal
sufficiency, and fiscal statement -- period for public comment -- hearing AND IMPLICATION, STATEMENT BY
LEGISLATIVE SERVICES DIVISION, AND FISCAL STATEMENT -- publication of proposed constitutional
amendments. (1) Within 3 10 days of receiving the response of the attorney general and the legislative fiscal analyst
pursuant to 13-27-312, the secretary of state shall publish a notice of the completion of the draft statement of purpose,
statements of implication, the statement certified by the attorney general pursuant to 13-27-312(2), if any, and the draft
fiscal statement prepared by the legislative fiscal analyst. (1) WITHIN 3 DAYS AFTER THE RECEIPT OF THE
STATEMENTS OF PURPOSE AND IMPLICATION FROM THE ATTORNEY GENERAL AND THE STATEMENT
OF FISCAL IMPACT FROM THE LEGISLATIVE FISCAL ANALYST PURSUANT TO 13-27-312, THE SECRETARY
OF STATE SHALL PUBLISH A NOTICE OF THE COMPLETION OF THE STATEMENT OF PURPOSE AND
STATEMENT OF IMPLICATION PROVIDED BY THE ATTORNEY GENERAL AND THE FISCAL STATEMENT
PROVIDED BY THE LEGISLATIVE FISCAL DIVISION. THE SECRETARY OF STATE SHALL ALSO PUBLISH
THE STATEMENT CERTIFIED BY THE LEGISLATIVE SERVICES DIVISION PURSUANT TO 13-27-202, IF ANY.
THE NOTICE MUST CONTAIN THE TEXT OF THOSE STATEMENTS AND THE TEXT OF THE FISCAL IMPACT
ANALYSIS. The publication must be made at least once in at least one newspaper of general circulation in each county.
(2) The notice required by subsection (1) must contain:
(a) the proposed language of the statements of purpose, implication, legal sufficiency, and fiscal impact;
(b) a time period of not more than 14 days for public comment upon the proposed statements, during which time written
comment may be submitted to the secretary of state;
(c) the address to which comments submitted to the secretary of state may be sent; and
(d) the time, date, and place of the public hearing to be held by the secretary of state within the comment period
provided in subsection (2)(b).
(2) THE SECRETARY OF STATE SHALL ALSO PUBLISH ON THE INTERNET THE NOTICES REQUIRED TO BE PUBLISHED BY SUBSECTION (1).
(1)(3) If a proposed constitutional amendment or amendments are submitted to the people, the secretary of state shall
have the proposed amendment or amendments published in full twice each month for 2 months previous to the election at
which they are to be voted upon by the people, in not less than at least one newspaper of general circulation in each county.
(2)(4) The secretary of state may arrange for newspaper, radio, or television publication of proposed constitutional
amendments in each county. A summary of the amendment as provided by the attorney general, as described in 13-27-312
or 13-27-315, would suffice for the publication required by this section and should be made at least twice each month for 2
months previous prior to the election."
Section 11. Section 13-27-312, MCA, is amended to read:
"13-27-312. Review of petition by legislative fiscal analyst and attorney general -- preparation of fiscal impact
analysis and fiscal statement -- preparation of statements -- fiscal note determination of legality -- statement of legal
sufficiency. (1) Upon receipt of a petition from the office of the secretary of state pursuant to 13-27-202(3), the attorney
general legislative fiscal analyst shall examine the petition as to form its fiscal impact and legal sufficiency, as provided in
13-27-202, and, if the proposed ballot issue has an effect on the revenues revenue, expenditures, or the fiscal liability of the
state, shall order, within 30 days and in cooperation with any affected agency, prepare a fiscal note incorporating an
estimate of the effect impact analysis stating, as nearly as possible, the amount of the effect, the substance of which must
substantially at least comply with the provisions of 5-4-205. The budget director, in cooperation with the agency or
agencies affected by the petition, is responsible for preparing the fiscal note and shall return it within 6 days unless the
attorney general, for good cause shown, extends the time for completing the fiscal note. The difficulty in estimating the
amount of the effect on revenue, expenditures, or fiscal liabilities is not reason to fail to make the statement of amount. If
the measure would cause a recurring amount or range of amounts of revenue, expenditures, or fiscal liabilities, the recurring
amount or range of amounts must be stated as accurately as possible.
(2) Upon receipt of a petition from the secretary of state pursuant to 13-27-202, the attorney general shall, in addition to
examining the petition for form and for compliance with provisions governing submission of petitions, determine whether
the petition advances a lawful purpose by lawful means. If the attorney general finds the purpose or the legal method used
to accomplish the purpose of the petition to be unconstitutional, in conflict with another provision of the constitution or
statutes, or otherwise legally deficient, the attorney general shall, within 30 days of receipt of the petition from the secretary
of state, certify a statement to that effect to the secretary of state. IF, ON THE BASIS OF THE CORRESPONDENCE
RECEIVED FROM THE LEGISLATIVE SERVICES DIVISION PURSUANT TO 13-27-202, THE ATTORNEY
GENERAL CONCLUDES THAT THE PROPOSAL MAY BE UNCONSTITUTIONAL OR CONFLICT WITH OTHER
STATUTES, THE ATTORNEY GENERAL SHALL CERTIFY A STATEMENT TO THAT EFFECT TO THE
SECRETARY OF STATE. If the attorney general LEGISLATIVE SERVICES DIVISION certifies a statement to the
secretary of state PURSUANT TO 13-27-202, the secretary of state may only approve the form of the petition pursuant to
13-27-202 if the statement certified by the attorney general LEGISLATIVE SERVICES DIVISION is placed on the petition
in the manner provided by 13-27-204.
(2)(3) If the petition form is approved by the attorney general as to legal sufficiency, as provided in 13-27-202, and as to
form, the attorney general shall endeavor to seek out parties on both sides of the issue and obtain their advice. The attorney
general shall prepare:
(a) a statement, not to exceed 100 250 words, explaining the purpose of the measure; and
(b) statements, not to exceed 25 100 words each, explaining the implications of a vote for and a vote against the
measure.
(3)(4) The attorney general legislative fiscal analyst shall, within 30 days of the receipt of the petition from the secretary
of state, prepare a draft fiscal statement of no more than 50 words if a fiscal note was prepared for the proposed ballot
issue, such based upon the fiscal impact analysis prepared pursuant to subsection (1) and shall forward a copy of the draft
fiscal statement to the secretary of state. The final version of the statement to must be used on the petition and ballot if the
measure is placed on the ballot.
(4)(5) The statement of purpose and the statements of implication must express the true and impartial explanation of the
proposed ballot issue in plain, easily understood language and may not be arguments or written so as to create prejudice for
or against the measure.
(5)(6) The entire statement of purpose, unless altered by a court under 13-27-316, is the only petition title for the
measure circulated by the petition and the only ballot title allowed if the measure is placed on the ballot.
(6)(7) The statements of implication and the fiscal statement must be placed beside the diagram provided for marking
of the ballot in a manner similar to but not limited to the following example:
[] FOR extending the right to vote to persons 18 years of age
[] AGAINST extending the right to vote to persons 18 years of age
(7)(8) If the petition is rejected as to form, the attorney general shall forward the comments to the secretary of state
within 21 30 days after receipt of the petition by the attorney general. If the petition is approved as to form, the attorney
general shall forward the statement of purpose, and the statements of implication, and the fiscal statement, if applicable, to
the secretary of state within 21 30 days after receipt of the petition by the attorney general.
(8)(9) If the petition is approved as to form, within 30 days of the approval after receipt of the petition, the attorney
general shall forward to the secretary of state the determination regarding legal sufficiency, as provided in 13-27-202.
(10) IF A STATEMENT IS CERTIFIED BY THE LEGISLATIVE SERVICES DIVISION TO THE SECRETARY OF STATE PURSUANT TO 13-27-202, THE SECRETARY OF STATE SHALL PROVIDE A COPY OF THE STATEMENT AND A COPY OF THE CORRESPONDENCE BETWEEN THE LEGISLATIVE SERVICES DIVISION AND THE PETITIONER TO THE COMMITTEES APPOINTED PURSUANT TO 13-27-403."
Section 12. Section 13-27-315, MCA, is amended to read:
"13-27-315. Statements by attorney general on issues referred by legislature. (1) Upon receipt of a copy of a ballot
form under 13-27-310(2) for an issue proposed by the legislature, the attorney general shall order a fiscal note as provided
in 13-27-312(1) if the issue has an effect on the revenues, expenditures, or the fiscal liability of the state. At the same time
the explanatory statement is prepared under subsection (2), the attorney general shall prepare a fiscal statement of no more
than 50 words to be forwarded to the secretary of state at the same time as the explanatory statement.
(2)(1) At the same time the attorney general, pursuant to 13-27-313, informs the secretary of state of the approval or
rejection of a ballot form for an issue proposed by the legislature, the attorney general shall forward to the secretary of state
a statement, not exceeding 100 250 words, expressing a true and impartial explanation of the purpose of the measure in
plain, easily understood language. The statement may not be an argument and may not be written to create a prejudice for
or against the issue. The statement prepared under this section is known as the attorney general's explanatory statement.
(3)(2) If statements of the implication of a vote for or against a ballot issue have not been provided by the legislature,
the attorney general shall prepare the statements. Requirements for statements of implication for ballot issues referred by
the legislature are the same as those provided in 13-27-312 for other ballot issues. Statements of implication prepared by
the attorney general must be returned to the secretary of state no later than the time specified for approval of the ballot
form."
Section 13. Section 13-27-316, MCA, is amended to read:
"13-27-316. Court review of attorney general opinion or, LEGISLATIVE SERVICES DIVISION, and fiscal
analyst statements -- REVIEW OF ATTORNEY GENERAL OPINION. (1) If the proponents or opponents of a ballot
measure believe that the statement of purpose, or the statements of implication of a vote, formulated by the attorney
general, the statement certified by the attorney general pursuant to 13-27-312(2), or the fiscal statement formulated
prepared by the attorney general legislative fiscal analyst pursuant to 13-27-312 do not satisfy the requirements of
13-27-202 OR 13-27-312, or if the proponents believe that the attorney general was incorrect in determining that the
petition was legally deficient as to provisions governing submission of ballot issues to the electorate, they may, within 10
days of receipt of the final notice from the secretary of state or, as to proponents of the petition, within 10 days of the
attorney general's determination regarding legal sufficiency provided for in 13-27-202, file an action in the district court in
and for the county of Lewis and Clark challenging the adequacy of the any statement or the attorney general's determination
and requesting the court to alter the any statement or modify the attorney general's determination.
(2) If the opponents of a ballot measure believe that the statement of purpose, the statements of implication of a vote, or
the fiscal statement formulated by the attorney general pursuant to 13-27-312 do not satisfy the requirements of 13-27-312,
or believe that the attorney general was incorrect in determining that the petition was legally sufficient, they may, within 10
days of the date of certification to the governor that the completed petition has been officially filed, file an action in the
district court in and for the county of Lewis and Clark challenging the adequacy of the statement or the attorney general's
conclusion and requesting the court to alter the statement or overrule the attorney general's determination concerning the
legal sufficiency of the petition.
(2) An action challenging all or a part of the adequacy or accuracy of the attorney general's statement of purpose,
statements of implication, or statement of legal deficiency pursuant to 13-27-312(2) or the legislative fiscal analyst's fiscal
statement may also be brought by a person submitting oral or written comments on all or a part, as applicable, of the
attorney general's statements or the statement of fiscal impact pursuant to [section 14]. An action brought pursuant to this
subsection must be brought within 10 days of the secretary of state's final approval or rejection of a ballot measure petition
pursuant to 13-27-202 and must be brought in the same court and conducted in the same manner as actions filed pursuant to
subsection (1). In determining whether a person bringing an action pursuant to this subsection is entitled to have a
statement rewritten by the court, the court may not consider arguments or other material not presented to the secretary of
state either orally or in writing pursuant to [section 14].
(3)(2) (a) Notice of an action filed pursuant to subsection (1) or (2) must be served upon the secretary of state, upon the
attorney general, and, if the action challenges the fiscal impact analysis or the fiscal statement, upon the attorney general
legislative fiscal analyst AND UPON EACH OFFICE THAT HAS PROVIDED A STATEMENT TO THE SECRETARY
OF STATE FOR PRINTING ON A PETITION AND PUBLICATION BY THE SECRETARY OF STATE. The action
takes precedence over other cases and matters in the district court. The court shall examine the proposed measure and the
challenged statement or determination of the attorney general, shall provide an opportunity for a hearing for a party
requesting a hearing, and shall as soon as possible render a decision and certify to the secretary of state a statement which
that the court determines will meet the requirements of 13-27-312 or an opinion as to the correctness of the attorney
general's determination.
(b) A statement certified by the court must be placed on the petition for circulation and on the official ballot.
(4)(3) A copy of the petition in final form must be filed in the office of the secretary of state by the proponents.
(5)(4) Any party may appeal the order of the district court to the Montana supreme court by filing a notice of appeal
within 5 days of the date of the order of the district court."
NEW SECTION. Section 14. Draft fiscal statement -- draft statements of purpose, implication, and legal
deficiency -- secretary of state to conduct public hearing -- written comments -- consideration of comments required.
(1) Before approval of the form of the statement of purpose, statements of implication, or statement of legal deficiency
formulated by the attorney general pursuant to 13-27-312 and before approval of the fiscal statement prepared by the
legislative fiscal analyst pursuant to 13-27-312, the secretary of state shall conduct a public hearing for the purposes of
receiving oral and written comments on the proposed statements. The hearing must be held at the time and place advertised
by the secretary of state pursuant to 13-27-311.
(2) The secretary of state shall continue to receive written comments until the close of the period for written public
comments on the statements, as advertised by the secretary of state pursuant to 13-27-311. All comments received by the
secretary of state at the hearing and all written comments received within the time for receipt of written public comments
must be forwarded by the secretary of state to the attorney general and reviewed and considered by the attorney general in
completing the FINAL VERSION OF THE statements of purpose, implication, and legal sufficiency required by 13-27-312.
Upon close of the hearing and the period for written public comment, the secretary of state shall forward to the legislative
fiscal analyst all oral and written comments received by the secretary of state concerning the statement of fiscal impact. All
comments received by the legislative fiscal analyst from the secretary of state must be reviewed and considered by the
legislative fiscal analyst in completing the FINAL VERSION OF THE statement of fiscal impact required by 13-27-312.
Section 14. Section 13-27-401, MCA, is amended to read:
"13-27-401. Voter information pamphlet. (1) The secretary of state shall prepare for printing a voter information pamphlet containing the following information for each ballot issue to be voted on at an election, as applicable:
(a) ballot title, fiscal statement and, ANY statement certified by the attorney general LEGISLATIVE SERVICES
DIVISION pursuant to 13-27-312(2) 13-27-202, if applicable, and complete text of the issue;
(b) the form in which the issue will appear on the ballot;
(c) arguments advocating approval and rejection of the issue; and
(d) rebuttal arguments.
(2) The pamphlet must also contain a notice advising the recipient where additional copies of the pamphlet may be obtained.
(3) The voter information pamphlet may contain only material that is factually and legally accurate, and the secretary of
state may not accept for inclusion in the pamphlet any material that the secretary of state knows to be untrue. Before
publication of the pamphlet, the secretary of state shall submit a draft of the pamphlet to the attorney general for review.
The attorney general shall advise the secretary of state of any statements in the pamphlet known by the attorney general to
be factually or legally untrue. For the purposes of this section, a statement is legally untrue if it has no basis in law. If the
attorney general LEGISLATIVE SERVICES DIVISION has certified a statement to the secretary of state pursuant to
13-27-312 13-27-202, the secretary of state shall publish the statement in the pamphlet in a conspicuous manner next to the
ballot measure to which it pertains.
(4) The voter information pamphlet may not contain photographs, material of an advertising nature, or material not required by this chapter.
(5) The voter information pamphlet must also contain the following notice: "The publication in the pamphlet of the text of a ballot measure or the arguments for or against a ballot measure do not constitute an endorsement of that ballot measure or argument by the state of Montana."
(3)(6) Whenever more than one ballot issue is to be voted on at a single election, the secretary of state may publish a
single pamphlet for all of the ballot issues. The secretary of state may arrange the information in the order which that seems
most appropriate, but the information for all issues in the pamphlet must be presented in the same order and must be
uniform in appearance.
(4)(7) The secretary of state may prescribe by rule the format and manner of submission of the arguments concerning
the ballot issue."
Section 15. 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 must be made
no later than 1 week 20 days prior to the deadline for filing arguments on the ballot issue measure 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 must be made no later than 1 week before the deadline for
filing arguments on the ballot issue measure 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. 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) Within 5 days after receiving notice under subsection (2), but not later than 5 days after the deadline set for appointment of committee members, the secretary of state shall notify the appointees to a committee appointed pursuant to subsection (1) or (2) by certified mail, with return receipt requested, of the deadlines for submission of the committee's arguments."
Section 16. 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. The committees may prepare rebuttal arguments no longer than one-half the
size of the arguments under 13-27-406 that must be filed, in a black-and-white, camera-ready format, with the secretary of
state no later than 10 15 days after the deadline for filing the original arguments. The argument must consist solely of
written material prepared by the committee and may not consist of pictures, clippings, or other material. The written
material must be prepared in the font and type style required by the secretary of state. With the goal of achieving readability
and uniformity, the secretary of state shall prescribe a commonly used font and type style. Discussion in the rebuttal
argument must be confined to the subject matter raised in the argument being rebutted. The rebuttal argument 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 17. Misdemeanor to knowingly submit CIVIL PENALTY FOR SUBMISSION OF false
statements for placement in pamphlet. A person may not submit to the secretary of state for publication in the voter
information pamphlet any statement known by that person to be factually or legally untrue. For the purposes of this
section, a statement is legally untrue if it has no basis in law. A person who violates this section is guilty of a misdemeanor
and upon conviction shall be punished as provided by law SUBJECT TO A CIVIL PENALTY OF $500.
Section 19. Section 13-27-503, MCA, is amended to read:
"13-27-503. Determination of result of election. The votes on ballot issues shall must be counted, canvassed, and
returned by the regular boards of judges, clerks, and officers as votes for candidates are counted, canvassed, and returned.
The abstract of votes on ballot issues shall must be prepared and returned to the secretary of state in the manner provided
by 13-15-501 for abstract of votes for state officers. The board of state canvassers shall proceed within 20 days after the
election at which such the ballot issues are voted upon and, at the same time as the votes for state officers are canvassed,
canvass the votes given for each ballot issue. The secretary of state, as secretary of the board of state canvassers, shall
prepare and file in his the secretary of state's office a statement of the canvass, giving the number and title of each issue, the
number of persons voting in the election, the whole number of votes cast in the state for and against each ballot issue, and
the effective date of each ballot issue approved by a majority of those persons voting on in the issue election or, in the case
of a constitutional amendment, a majority of those voting on the issue. The secretary of state shall transmit a certified copy
of the statement of the canvass to the governor."
NEW SECTION. Section 18. Codification instruction. (1) [Section 14] is intended to be codified as an integral part
of Title 13, chapter 27, part 3, and the provisions of Title 13, chapter 27, part 3, apply to [section 14].
(2) [Section 18 17] is intended to be codified as an integral part of Title 13, chapter 27, part 4, and the provisions of
Title 13, chapter 27, part 4, apply to [section 18 17].
NEW SECTION. Section 19. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
NEW SECTION. Section 20. Effective dates. (1) Except as provided in subsection (2), [this act] is effective July 1, 2001.
(2) [Sections 20, 21 19, 20 18,19, and this section] are effective on passage and approval.
- END -
Latest Version of SB 472 (SB0472.04)
Processed for the Web on March 27, 2001 (8:56PM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2001 Legislature | Leg. Branch Home
All versions of this bill (PDF Format)
Authorized print version w/line numbers (PDF format)
(406)444-3064