Mont. Code § 13-27-241

Current through the 2023 Regular Session
Section 13-27-241 - Petition for constitutional initiative
(1) The following is substantially the form for a petition for a constitutional initiative:

PETITION TO PLACE CONSTITUTIONAL AMENDMENT NO.____ ON THE ELECTION BALLOT

(a) If 10% of the voters in each of two-fifths of the legislative representative districts (totaling 40 legislative representative 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 of the proposed constitutional 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 constitutional amendment, 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) 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 constitutional initiative and [did] or [did not] support the placement of the proposed text of this constitutional 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.

§ 13-27-241, MCA

Renumbered as 13-27-207 by the Code Commissioner, 2023.
Amended by Laws 2023, Ch. 647,Sec. 30, eff. 5/19/2023.
Amended by Laws 2023, Ch. 229,Sec. 2, eff. 4/25/2023, and applicable to petitions that are approved as to form as provided in 13-27-202 on or after 4/25/2023.
Amended by Laws 2017, Ch. 368,Sec. 26, eff. 1/1/2018.
En. 37-121 by Sec. 7, Ch. 342, L. 1977; R.C.M. 1947, 37-121; amd. Sec. 5, Ch. 488, L. 1981; amd. Sec. 20, Ch. 51, L. 1999; amd. Sec. 10, Ch. 537, L. 2001; amd. Sec. 7, Ch. 323, L. 2003; amd. Sec. 10, Ch. 481, L. 2007; amd. Sec. 5, Ch. 372, L. 2011.

Applicability - Laws 2023, c. 647: Section 62 of Laws 2023, Ch. 647 provides:

"(1) [This act] applies to statewide ballot issues submitted to the secretary of state on or after [the effective date of this act].

"(2) [This act] applies to ballot issues submitted to the county election administrator for approval of the form of the petition required by 7-5-132 on or after [the effective date of this act].

"(3) [This act] applies to a petition prepared pursuant to 7-7-2224 that is filed with the election administrator under 7-7-2225 on or after [the effective date of this act]."