After the 2007 Legislature, the initiative process underwent substantial changes. Attorney General Mike McGrath and I worked together with Sen. Carol Williams and Rep. Alan Olson on Senate Bill 96, which we hope will improve ballot measures.
Some of the changes are important right away, long before the next election. For those who have an issue they would like to see on the next general election ballot, now might be the time to start work.
You can circulate an approved petition for signatures up to one year prior to the final date for filing the petition with the county elections office. That means circulation of approved ballot issues for the 2008 general election can begin this June.
When submitting the text of a proposed ballot issue, proponents must also submit a proposed ballot statement about it. A ballot statement is text that will go on the ballot along with the issue, intended to explain the issue in a way that is accurate and impartial. The statements must not be written so as to create a prejudice for or against the issue.
Part of getting an issue on the ballot includes gathering the signatures of Montana voters who believe the idea should receive a vote of the people. SB96 changed the requirements for people who gather those signatures. If supporters of an issue hire people to gather signatures, those people cannot be paid by the signature. Many of those who voted for SB96 felt that paying per signature was an invitation to fraud, by such means as making up fake signatures in order to earn a larger paycheck.
Signature-gatherers now must also be residents of Montana. Residency requirements for this are defined in law as “the union of act and intent.” That means signature-gatherers must reside in Montana and intend to continue to reside here.
County election administrators and clerks and recorders will no longer be responsible for gathering signatures for an issue. Previously, the law required that a county election office must keep copies of a ballot issue on hand for voters to sign. Now they need only keep copies available for review.
The attorney general reviews proposed ballot issues and the statements that accompany them to determine if they are legally sufficient. If anyone wishes to challenge the attorney general's decision, that challenge will now go directly to the Montana Supreme Court, instead of first going to district court and from there to the Supreme Court. Some legislators felt this would save time, since these cases are almost universally appealed to the Supreme Court anyway.
The ability of Montanans to directly vote on laws and constitutional amendments is a longstanding one. Hopefully these changes will make the initiative process work better for everyone.
Brad Johnson is Montana's secretary of state.
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