_____________
bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT revising NOTICE REQUIREMENTS FOR BALLOT ISSUES; REQUIRING THE SECRETARY OF STATE TO POST The complete text of a proposed or referred ballot issue ONLINE; REQUIRING SIGNATURE SHEETS TO INCLUDE THE SECRETARY of STATE'S WEB ADDRESS; AMENDING SECTIONS 13-27-201, 13-27-204, 13-27-205, 13-27-207, 13-27-208, AND 13-27-311, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 13-27-201, MCA, is amended to read:
"13-27-201. Form of petition generally. (1) A petition for the initiative, for 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) (a) 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.
(b) Near the top of each sheet containing signature lines there must be printed:
(i) the title of the statute or constitutional amendment proposed or the issue to be referred or a statement that the petition is for the purpose of calling a constitutional convention; and
(ii) the general web address for the secretary of state's website, and the specific web address where the secretary of state has posted the complete text of the issue proposed or referred, pursuant to 13-27-208.
(c) If signature lines are printed on both the front and back of a petition sheet, the information required above in subsection (2)(b) must appear on both the front and back of the sheet. The complete text of the issue proposed or referred must be attached to or contained within each signature sheet if sheets are circulated separately. The text of the issue must be in the bill form provided in the most recent edition of the bill drafting manual furnished by the legislative services division. If sheets are circulated in sections, the complete text of the issue must be attached to each section.
(3) An internet posting of petition language must include a statement that the petition language and format may not be modified. An internet posting must include an affidavit in substantially the same form as prescribed by the secretary of state pursuant to 13-27-302."
Section 2. Section 13-27-204, MCA, is amended to read:
"13-27-204. Petition for initiative. (1) The following, including the language provided for in subsection (2)(b), 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 one-half of the counties sign this petition and the total number of voters signing this petition is _____, this initiative will appear on the next general election ballot. If a majority of voters vote for this initiative at that election, it will become law.
(b) We, the undersigned Montana voters, propose that the secretary of state place the following initiative on the _____________, 20__, general election ballot:
(Title of initiative written pursuant to 13-27-312)
(Statement of purpose and implication written pursuant to 13-27-312)
(Yes and no statements written pursuant to 13-27-312)
(c) Voters are urged to read the complete text of the initiative, which appears (on the reverse side of, attached to, etc., as applicable) this sheet, which is available online on the secretary of state's website. A signature on this petition is only to put the initiative on the ballot and does not necessarily mean the signer agrees with the initiative.
(d) Voters are advised that either an interim committee or an administrative committee of the legislature in accordance with 5-5-215 or 5-11-105 reviewed the content of this initiative and [did] or [did not] support the placement of the proposed text of this initiative on the ballot. The outcome of the vote was [x] in favor of placing the measure on the ballot and [x] against placing the measure on the ballot.
(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.
(f) Each person is required to sign the person's name and list the person's address or telephone number in substantially the same manner as on the person's voter registration form or the signature will not be counted.
(2) (a) If the attorney general determines the proposed ballot issue will likely cause significant material harm to one or more business interests in Montana pursuant to 13-27-312(9), the statement in subsection (2)(b) must appear on the front page of the petition form before the information set forth in subsection (1).
(b)
WARNING
The Attorney General of Montana has determined the proposed ballot issue will likely cause significant material harm to one or more business interests in Montana.
(3) Numbered lines must follow the heading. Each numbered line must contain spaces for the signature, date, residence address, county of residence, and printed last name and first and middle initials of the signer. In place of a residence address, the signer may provide the signer's post-office address or the signer's home telephone number. An address provided on a petition by the signer that differs from the signer's address as shown on the signer's voter registration form may not be used as the only means to disqualify the signature of that petition signer."
Section 3. Section 13-27-205, MCA, is amended to read:
"13-27-205. Petition for 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 referendum 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 of referendum written pursuant to 13-27-312)
(Statement of purpose and implication written pursuant to 13-27-312)
(Yes and no statements written pursuant to 13-27-312)
(c) Voters are urged to read the complete text of the referendum, which appears (on the reverse side of, attached to, etc., as applicable) this sheet, which is available online on the secretary of state's website. A signature on this petition is only to put the referendum on the ballot and does not necessarily mean the signer agrees with the referendum.
(d)
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 signs when not a legally registered Montana voter is subject to a $500 fine, 6 months in jail, or both.
(e) Each person is required to sign the person's name and list the person's address or telephone number in substantially the same manner as on the person's voter registration form or the signature will not be counted.
(2) Numbered lines must follow the heading. Each numbered line must contain spaces for the signature, date, residence address, legislative representative district number, and printed last name and first and middle initials of the signer. In place of a residence address, the signer may provide the signer's post-office address or the signer's home telephone number. An address provided on a petition by the signer that differs from the signer's address as shown on the signer's voter registration form may not be used as the only means to disqualify the signature of that petition signer."
Section 4. 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 one-half of the counties 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 of the proposed constitutional amendment written pursuant to 13-27-312)
(Statement of purpose and implication written pursuant to 13-27-312)
(Yes and no statements written pursuant to 13-27-312)
(c) Voters are urged to read the complete text of the constitutional amendment, which appears (on the reverse side of, attached to, etc., as applicable) this sheet, which is available online on the secretary of state's website. 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)
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) Each person is required to sign the person's name and list the person's address or telephone number in substantially the same manner as on the person's voter registration form or the signature will not be counted.
(2) Numbered lines must follow the heading. Each numbered line must contain spaces for the signature, date, residence address, county of residence, and printed last name and first and middle initials of the signer. In place of a residence address, the signer may provide the signer's post-office address or the signer's home telephone number. An address provided on a petition by the signer that differs from the signer's address as shown on the signer's voter registration form may not be used as the only means to disqualify the signature of that petition signer."
Section 5. Section 13-27-208, MCA, is amended to read:
"13-27-208. Petitions to be made available online and in each county election administrator's office. Upon final approval of a proposed ballot issue as provided in 13-27-202, the secretary of state shall:
(1) post a copy of the petition on the secretary of state's website; and
(2) forward a copy of the petition, along with signature sheets, to the election administrator of each county. The election administrator shall make a copy of each approved petition available for reading in the administrator's office during business hours in an election year until the petitions are submitted under 13-27-301. The secretary of state may charge the person who submitted the proposed ballot issue a fee, which must be set and deposited in accordance with 2-15-405."
Section 6. Section 13-27-311, MCA, is amended to read:
"13-27-311. Publication of proposed constitutional amendments. (1) If a constitutional amendment proposed by initiative is submitted to the people, the secretary of state shall have the proposed amendment published in full on the secretary of state's website and twice each month for 2 months prior to the election at which it is to be voted upon by the people in not less than one newspaper of general circulation in each county.
(2) (a) For a proposed constitutional amendment referred to the voters by the legislature, the secretary of state:
(i) shall publish the amendment in full on the secretary of state's website; and
(ii) may arrange for newspaper publication or radio or television broadcast of the amendment, in each county.
(b) The ballot statements reviewed or prepared by the attorney general for the amendment, as described in 13-27-312 or 13-27-315, are sufficient for the publication allowed by this subsection (2)(a)(ii) and should be made at least twice each month for 2 months prior to the election.
(c) The secretary of state shall select the method of notification in subsection (2)(a)(ii) that the secretary of state believes is best suited to reach the largest number of potential electors."
NEW SECTION. Section 7. Effective date. [This act] is effective on passage and approval.