Montana Code 13-27-238. Petition for statutory initiative
13-27-238. Petition for statutory 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 statutory initiative:
PETITION TO PLACE INITIATIVE NO.____ ON THE ELECTION BALLOT
Terms Used In Montana Code 13-27-238
- 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
- Election: means a general, special, or primary election held pursuant to the requirements of state law, regardless of the time or purpose. See Montana Code 13-1-101
- Enact: means to enact, amend, or repeal. See Montana Code 13-27-110
- General election: means an election that is held for offices that first appear on a primary election ballot, unless the primary is canceled as authorized by law, and that is held on a date specified in 13-1-104. See Montana Code 13-1-101
- issue: means a proposal submitted to the people at an election for their approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment, recall question, school levy question, bond issue question, or ballot question. See Montana Code 13-1-101
- 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
- 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
- Statutory initiative: means an initiative to enact statutory law as authorized in Article III, section 4, of the Montana constitution. See Montana Code 13-27-110
(a)If 5% of the voters in each of one-third of the legislative representative districts (totaling 34 legislative representative districts) 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 in conformity with 13-27-212)
(Yes and no statement written in conformity with 13-27-213)
(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. 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 13-27-216(6) 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.