HOUSE BILL NO. 636
INTRODUCED BY C. HIBBARD, R. PECK, L. GROSFIELD, M. MCCANN, B. MCCARTHY, J. MERCER,
D. MOOD, K. OHS, D. SHEA, E. SWANSON
A BILL FOR AN ACT ENTITLED: "AN ACT AMENDING STATUTES GOVERNING BALLOT MEASURES;
REVISING THE TIME FOR FILING BALLOT MEASURE PETITIONS WITH THE SECRETARY OF STATE
BETWEEN SUBMISSION OF A BALLOT MEASURE PETITION FOR REVIEW AND THE FINAL APPROVAL OR
REJECTION OF THE PETITION; REVISING THE TIME RELATED TO APPOINTMENTS TO COMMITTEES
SUPPORTING OR OPPOSING BALLOT MEASURES; REVISING THE TIME RELATED TO PREPARATION OF
ARGUMENTS FOR OR AGAINST A BALLOT MEASURE; SPECIFYING THE FORM AND CONTENT OF BALLOT
ISSUE 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 IMPACT
ANALYSIS; REQUIRING THE ATTORNEY GENERAL TO REVIEW BALLOT ISSUE PETITIONS FOR
SUBSTANTIVE TECHNICAL AND LEGAL ISSUES AS WELL AS TO FORM; PROHIBITING THE SECRETARY OF
STATE FROM APPROVING FOR THE BALLOT A PETITION MEASURE FOUND BY THE ATTORNEY GENERAL
TO BE TECHNICALLY DEFICIENT; PROVIDING FOR JUDICIAL REVIEW OF AN ATTORNEY GENERAL
DETERMINATION OF TECHNICAL DEFICIENCY; REQUIRING A STATEMENT BY THE ATTORNEY GENERAL
TO ACCOMPANY TITLES OF BALLOT MEASURES FOUND BY THE ATTORNEY GENERAL TO CONTAIN
SUBSTANTIVE DEFICIENCIES THAT IF THE ATTORNEY GENERAL DETERMINES A LEGAL DEFICIENCY, A
STATEMENT MUST BE PLACED ON THE PETITION SHEET AND IN THE VOTER INFORMATION PAMPHLET;
REQUIRING THE SECRETARY OF STATE TO CONDUCT A PUBLIC HEARING AND ACCEPT WRITTEN
COMMENTS ON BALLOT MEASURE STATEMENTS OF PURPOSE, STATEMENTS OF IMPLICATIONS, AND
FISCAL EFFECT A STATEMENT OF PURPOSE, STATEMENTS OF IMPLICATION, AND A FISCAL STATEMENT
AND ON A DETERMINATION OF TECHNICAL DEFICIENCY; ALLOWING WRITTEN COMMENTS ON BALLOT
MEASURE STATEMENTS OF PURPOSE, STATEMENTS OF IMPLICATIONS, AND FISCAL EFFECT TO BE
SUBMITTED TO THE SECRETARY OF STATE; REQUIRING COMMENTS BE GIVEN BY THE SECRETARY OF
STATE TO THE ATTORNEY GENERAL AND LEGISLATIVE FISCAL ANALYST; REVISING PROVISIONS
GOVERNING LEGAL CHALLENGES TO BALLOT MEASURES; REVISING THE CONTENT OF THE VOTER
INFORMATION PAMPHLET; PROHIBITING A PERSON FROM KNOWINGLY SUBMITTING FALSE
INFORMATION TO THE SECRETARY OF STATE FOR PUBLICATION IN 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, 13-27-310, 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 AN IMMEDIATE EFFECTIVE DATES DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
(Refer to Introduced Bill)
Strike everything after the enacting clause and insert:
Section 1. Section 13-27-201, MCA, is amended to read:
"13-27-201. Form of petition generally. (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
provided in 13-27-312(3)(a) and (5). Pursuant to 13-27-312(6), an abbreviation of the title, a preamble containing clauses
further explaining the purpose of the measure, or other language explaining the ballot measure may not be included as part
of the title on a petition sheet. However, if the attorney general certifies a statement to the secretary of state that the petition
contains a legal deficiency pursuant to 13-27-312(2)(b), the certified statement must appear on the petition in the manner
provided by 13-27-204 and 13-27-207. 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 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."
Section 2. Section 13-27-202, MCA, is amended to read:
"13-27-202. Recommendations -- approval of form required. (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 must be submitted to the legislative services division for review.
(b) The legislative services division staff shall review the text for clarity, consistency, 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 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.
(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.
(3) Before a petition may be circulated for signatures, a sample sheet containing the text of the proposed measure 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 months prior to the final date for filing the signed petition with the secretary of
state. 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 pursuant to 13-27-312(1) and a fiscal statement pursuant to
13-27-312(4). The secretary of state and the attorney general shall each review the petition for sufficiency as to form, and
the attorney general shall also review the petition for technical and legal sufficiency as provided in 13-27-312(2). The
secretary of state and the attorney general shall approve or reject the form of the petition, stating the reasons for rejection, if
any. 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 form of the petition or rejection as to technical deficiency pursuant to 13-27-312(2)(a). In determining whether to accept or reject the petition under 13-27-312(2)(a) or subsection (3) of this section, the secretary of state shall consider whether the petitioners have altered or amended the petition in response to the opinion of the attorney general.
(b) The secretary of state shall send written notice to the person who submitted the petition sheet of the approval or
rejection within 28 51 days after submission of the petition sheet, except that in the case of a petition for a referendum or a
measure referred by the legislature, the notice must be submitted within 37 days after the submission of the petition sheet. If
the petition is rejected, the notice must include reasons for rejection of the form of the petition pursuant to this section and
the attorney general's determinations under 13-27-312(2)(a). 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 is filed pursuant to that section; or
(ii) the date of the expiration of the time for filing a challenge under 13-27-316 to the attorney general's technical sufficiency review, if no challenge is filed.
(c) In determining whether to accept or reject the petition as to form, the secretary of state shall also consider whether the petition includes any required publication of the attorney general's statement of legal deficiency certified to the secretary of state pursuant to 13-27-312(2)(b).
(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, 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 final determination of its technical sufficiency under
13-27-312(2)(a)."
Section 3. Section 13-27-204, MCA, is amended to read:
"13-27-204. Petition for the initiative. (1) The following is substantially the form for a petition calling for a vote to enact a law by the 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 ..... ...,
19 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) 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 legal sufficiency (constitutionality, conflict with other statutes, etc.) and found (here insert any statement of legal deficiency certified by the attorney general to the secretary of state pursuant to 13-27-312(2)(b)).
(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 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 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 4. 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)
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 who signs when not a legally registered Montana voter is subject to a $500 fine,
6 months in jail, or both.
(e) Each person must 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 5. 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 the 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 ..... ..., 19 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) on 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 legal sufficiency (conflict with other constitutional provisions or conflict with the United States constitution, etc.) and found (here insert any statement of legal deficiency certified by the attorney general to the secretary of state pursuant to 13-27-312(2)(b)).
(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 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 must 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 13-27-301, 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 months and no later than 4 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 7. 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, shall 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), affirm, or being first sworn, depose and say: that I circulated or assisted
in circulating the petition to which this affidavit is attached and I believe the signatures thereon are genuine, are the
signatures of the persons whose names they purport to be, 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 same.
.....
(Signature of petition circulator)
.....
(Address of petition circulator)
Subscribed and sworn to before me this .... day of ....., 19...
.....
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;
(c) that the signature gatherer solicited the signatures on the petition to which the affidavit is attached and believes that:
(i) the signatures on the petition are genuine in that they are of the individuals for whom they purport to be;
(ii) the signatures are of Montana electors who are registered at the address following their signature; and
(iii) 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 8. Section 13-27-310, MCA, is amended to read:
"13-27-310. Transmittal of issues referred by the legislature and ballot forms to the attorney general. (1) The
secretary of state shall transmit a copy of the form in which a ballot issue proposed by petition will appear on the ballot to
the attorney general on the same day the completed petition is certified to the governor.
(2) The secretary of state shall transmit a copy of an act referred to the people or of a constitutional amendment proposed by the legislature and a copy of the form in which the issue will appear on the ballot to the attorney general and to the legislative fiscal analyst no later than 6 months before the election at which the issue will be voted on by the people.
(3) If the ballot form is not approved by the attorney general pursuant to 13-27-313, the secretary of state shall immediately submit a new ballot form to the attorney general."
Section 9. Section 13-27-311, MCA, is amended to read:
"13-27-311. Publication of proposed notice of completion of draft statement of purpose, statements of
implication, and fiscal statement -- period for public comment -- hearing -- publication of proposed constitutional
amendments. (1) After 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 and statements of
implication and the draft fiscal statement prepared by the legislative fiscal analyst. 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 full text of the proposed ballot measure and the proposed language of the statement of purpose, statements of implication, and fiscal statement;
(b) a time period of not more than 17 days from the time that the secretary of state receives the draft statements from both the attorney general and the legislative fiscal analyst 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).
(3) Subsections (1) and (2) do not apply to a petition for referendum or to a measure referred by the legislature.
(1)(4) 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)(5) 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 10. 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 -- preparation of statements -- fiscal note statement. (1) Upon receipt of a petition from the office of the
secretary of state pursuant to 13-27-202, the attorney general legislative fiscal analyst shall examine the petition as to form
its fiscal impact and, if the proposed ballot issue has an effect on the revenues revenue, expenditures, or the fiscal liability
of the state, shall order, within 14 days and in cooperation with any affected agency, prepare a fiscal note incorporating an
estimate of such 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. Within 14 days after receiving any comments
submitted pursuant to [section 13], the legislative fiscal analyst shall forward to the secretary of state the final fiscal
statement.
(2) Upon receipt of a petition, except a petition for referendum, from the secretary of state pursuant to 13-27-202, the attorney general shall examine the petition as follows:
(a) (i) The attorney general shall review the petition as to form and technical sufficiency. For the purposes of this subsection (2)(a), a review as to technical sufficiency means consideration of whether the petition complies with the statutory prerequisites for submission of the proposed measure to the electors and of whether the text of the proposed measure complies with constitutional requirements governing submission of ballot measures to the electorate. A review as to technical sufficiency does not include consideration of the merits or application of the measure if adopted by the voters.
(ii) If the attorney general determines that the petition is deficient as to form or technical sufficiency, 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 subsection (8).
(iii) A petition determined to be technically deficient pursuant to this subsection (2)(a) may not be given final approval by the secretary of state for placement on the ballot unless the attorney general's determination is overruled pursuant to 13-27-316.
(b) (i) The attorney general shall also review the petition for legal sufficiency. The review for legal sufficiency under this subsection (2)(b) includes a review of the petition's constitutionality with respect to the petition's purpose and other constitutional issues not covered under subsection (2)(a). With regard to a petition to amend statutory enactments, the legal sufficiency review must also include a review of whether the measure's proposed amendments conflict with other statutes.
(ii) If the attorney general finds the petition to be legally deficient under this subsection (2)(b), then the attorney general shall, within the time provided in subsection (8), certify a statement to that effect to the secretary of state.
(iii) If the attorney general certifies a statement of legal deficiency to the secretary of state, the secretary of state may not approve the form of the petition pursuant to 13-27-202(4)(c) unless the statement of legal deficiency certified by the attorney general is placed as an informational statement on the petition form in the manner provided by 13-27-204 and 13-27-207.
(2)(3) If the petition form is approved, 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 14 days of 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 to the secretary of
state. The final version of the fiscal 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 shall 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) (a) If the a petition, except a petition for a referendum, is rejected as to form, the attorney general shall forward
his the attorney general's comments to the secretary of state within 21 14 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 14 days after receipt of
the petition by the attorney general.
(b) Within 14 days after receiving any comments submitted pursuant to [section 13], the attorney general shall forward to the secretary of state the final statement of purpose, the statements of implication, and any statement of technical or legal deficiency.
(9) (a) If a petition for a referendum is rejected as to form, the attorney general shall forward the attorney general's comments to the secretary of state within 30 days after receipt of the petition by the attorney general.
(b) If a petition for a referendum is approved as to form, the attorney general shall endeavor to seek out parties on both sides of the issue and obtain their advice before preparing the statements required by subsection (3). Within 30 days of the attorney general's receipt of the petition, the attorney general shall forward the statements prepared under subsection (3) to the secretary of state."
Section 11. Section 13-27-315, MCA, is amended to read:
"13-27-315. Statements by attorney general and legislative fiscal analyst on issues referred by legislature. (1)
Upon receipt of a copy of a measure and ballot form under, as provided in 13-27-310(2) for an issue proposed by the
legislature, the attorney general legislative fiscal analyst shall order prepare a fiscal note impact analysis and a fiscal
statement as provided in 13-27-312(1) and (4) 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 within 20 days of receipt of the measure and ballot form.
(2) 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) 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 12. Section 13-27-316, MCA, is amended to read:
"13-27-316. Court review of attorney general and fiscal analyst statements. (1) If the proponents or opponents of a
ballot measure believe that the statement of purpose, or the statements of implication of a vote, or formulated by the
attorney general pursuant to 13-27-312(3) and (5), the fiscal statement formulated prepared by the attorney general
legislative fiscal analyst pursuant to 13-27-312(4), or a determination of technical deficiency pursuant to 13-27-312(2)(a)
do not satisfy the requirements of 13-27-312, they may, within 10 days of receipt of the notice from the secretary of state
provided for in 13-27-202(4)(b), file an action in the district court in and for the county of Lewis and Clark challenging the
adequacy of the a statement of purpose, statements of implication, or a fiscal statement or of a determination of technical
deficiency and requesting the court to alter the statement.
(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,
they may, within 10 20 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 and
requesting the court to alter the statement. An action challenging all or a part of the adequacy or accuracy of the attorney
general's statement of purpose or statements of implication or the 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 fiscal
statement pursuant to [section 13]. An action brought pursuant to this subsection must be brought within 10 days of the
secretary of state's approval or rejection of a petition pursuant to 13-27-202(4)(b) 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 argument
or other material not presented to the secretary of state either orally or in writing pursuant to [section 13].
(3) (a) Notice shall of an action filed pursuant to subsection (1) or (2) must be served upon the secretary of state, and
upon the attorney general, and the legislative fiscal analyst. The action takes precedence over other cases and matters in the
district court. The court shall examine the proposed measure and the challenged statement, 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.
(b) A statement certified by the court shall must be placed on the petition for circulation and on the official ballot.
(4) A copy of the petition in final form must be filed in the office of the secretary of state by the proponents.
(5) 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 13. Draft statements -- secretary of state to conduct public hearing -- written comments -- consideration of comments required before final statements. (1) Before approval of the form of the statement of purpose or the statements of implication formulated by the attorney general pursuant to 13-27-312(3) and (5) and before approval of the fiscal statement prepared by the legislative fiscal analyst pursuant to 13-27-312(4), 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 statements of purpose and implication required by 13-27-312(3) and (5). 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 fiscal statement. 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 fiscal statement required by 13-27-312(4).
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 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) If the attorney general has certified a statement of legal deficiency to the secretary of state pursuant to 13-27-312(2)(b), 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 must also contain the following notice for each ballot measure: "The publication in the pamphlet of the text of a ballot measure or the arguments for or against a ballot measure does not constitute an endorsement by the state of Montana of that ballot measure or of the truthfulness of the arguments."
(3)(5) 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.
(4)(6) 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 prior to the deadline for filing arguments on the ballot issue 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 20 days before the
deadline for filing arguments on the ballot issue measure under 13-27-406.
(2) 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 pursuant to subsection (1). 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 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. 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 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.
NEW SECTION. Section 18. Codification instruction. (1) [Section 13] 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 13].
(2) [Section 17] is intended to be codified as an integral part of Title 13, chapter 35, part 2, and the provisions of Title 13, chapter 35, part 2, apply to [section 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 date. [This act] is effective on passage and approval.
- END -
Latest Version of HB 636 (HB0636.02)
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