Montana Code 13-27-218. Constitutional initiative process and procedure
13-27-218. Constitutional initiative process and procedure. (1) A proponent of a constitutional initiative shall submit the text of the proposed constitutional initiative to the secretary of state together with draft ballot statements and the filing fee required by 13-27-215. The secretary of state shall, without undue delay, forward a copy of the text of the proposed constitutional initiative and ballot statements to the legislative services division for review in accordance with 13-27-225.
Terms Used In Montana Code 13-27-218
- Ballot: means a paper ballot counted manually or a paper ballot counted by a machine, such as an optical scan system or other technology that automatically tabulates votes cast by processing the paper ballots. See Montana Code 13-1-101
- Ballot statements: means a statement of purpose and implication and a yes and no statement. See Montana Code 13-27-110
- Constitutional initiative: means a statewide initiative to enact constitutional law as authorized in Article XIV, section 9, of the Montana constitution. See Montana Code 13-27-110
- legally sufficient: means that a petition complies with statutory and constitutional requirements governing submission of the proposed issue to the qualified electors and the substantive legality of the proposed issue if approved by the voters. See Montana Code 13-27-110
- Person: means an individual, corporation, association, firm, partnership, cooperative, committee, including a political committee, club, union, or other organization or group of individuals or a candidate as defined in subsection (8). See Montana Code 13-1-101
- Petition: means a petition for a statewide initiative or a statutory referendum prepared pursuant to the requirements of this chapter. See Montana Code 13-27-110
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(2)Within 14 days after receiving the proposed constitutional initiative from the secretary of state, the legislative services division shall respond in writing to the proponent in accordance with 13-27-225.
(3)After the proponent responds to the legislative services division as provided in 13-27-225, the proponent shall submit the final text of the proposed constitutional initiative and ballot statements to the secretary of state. However, if a response to the legislative services division is not required by the proponent pursuant to 13-27-225, the proponent shall instead submit the final text of the proposed constitutional initiative and ballot statements to the secretary of state after the proponent receives the legislative services division’s response.
(4)On receipt of the final text of the proposed constitutional initiative and the ballot statements, the secretary of state shall reject the proposed constitutional initiative if the text or a ballot statement contains material not submitted to the legislative services division that is a substantive change not recommended by the legislative services division. Otherwise, the secretary of state shall, without undue delay, refer a copy of the proposed constitutional initiative and ballot statements concurrently to the budget director and to the attorney general.
(5)The budget director shall determine whether a fiscal note is necessary, prepare the fiscal note, notify the attorney general of the necessity of the fiscal note, and provide a copy of the fiscal note pursuant to 13-27-227 within 10 days. Receipt of the notice from the budget director begins the timeframe in subsection (7) for the attorney general’s review in accordance with 13-27-226.
(6)In addition to the requirements in 13-27-226, the attorney general shall review the proposed constitutional initiative as to whether the proposal could cause a regulatory taking under Montana law or otherwise will likely cause significant material harm to one or more business interests in the state if approved by the voters. If the attorney general determines the proposed constitutional initiative will likely cause significant material harm to one or more business interests in the state, the attorney general shall notify the secretary of state, which must include the finding set forth in 13-27-241 on the final form of the petition.
(7)Within 30 days of receipt of the fiscal note determination from the budget director, the attorney general shall complete the requirements set forth in 13-27-226 and subsection (6) of this section.
(8)The secretary of state shall review the legal sufficiency opinion received pursuant to 13-27-226. If the attorney general:
(a)finds that the proposed constitutional initiative is not legally sufficient, the secretary of state shall, without undue delay, send written notice to the person who submitted the proposal that the proposed constitutional initiative has been rejected. The notice must include a copy of the attorney general’s legal sufficiency opinion.
(b)finds that the proposed constitutional initiative is legally sufficient, the secretary of state shall, without undue delay, provide the executive director of the legislative services division a copy of the final text of the proposed constitutional initiative and ballot statements in accordance with 13-27-228. After the executive director of the legislative services division provides the secretary of state the outcome of the vote as required by 13-27-228, the secretary of state shall immediately send a sample petition form as provided in 13-27-233 to the person submitting the proposed constitutional initiative.