Unofficial Draft Copy
**** As of: 10/21/2024, 10:52:08
69th Legislature 2025 Drafter: Jaret Coles, **** LC 0378
1 **** BILL NO. ****
2 INTRODUCED BY ****
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING COURT REVIEW OF STATEWIDE BALLOT ISSUES;
5 ELIMINATING SUPREME COURT REVIEW OF STATEWIDE BALLOT DISPUTES AS AN ORIGINAL
6 PROCEEDING; PROVIDING FOR DISTRICT COURT REVIEW OF DISPUTES REGARDING STATEWIDE
7 BALLOT ISSUES; AMENDING SECTION 13-27-605, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE
8 DATE AND AN APPLICABILITY DATE.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 Section 1. Section 13-27-605, MCA, is amended to read:
13 "13-27-605. Court review of attorney general opinion or approved petitioner statements. (1) If
14 the proponents of a statewide ballot issue believe that the ballot statements approved by the attorney general
15 do not satisfy the requirements of 13-27-212 or 13-27-213 or believe that the attorney general was incorrect in
16 determining that the petition was legally deficient, they may, within 10 days of the attorney general's
17 determination regarding legal sufficiency provided for in 13-27-226, file an original proceeding in the supreme a
18 complaint in district court challenging the adequacy of the statement or the attorney general's determination and
19 requesting the court to alter the statement or modify the attorney general's determination.
20 (2) If the opponents of a statewide ballot issue believe that the petitioner ballot statements
21 approved by the attorney general do not satisfy the requirements of 13-27-212 or 13-27-213 or believe that the
22 attorney general was incorrect in determining that the petition was legally sufficient, they may, within 10 days of
23 the date of certification to the governor that the completed petition has been officially filed, file an original
24 proceeding in the supreme a complaint in district court challenging the adequacy of the statement or the
25 attorney general's determination and requesting the court to alter the statement or overrule the attorney
26 general's determination concerning the legal sufficiency of the petition. The attorney general shall respond to a
27 complaint within 5 days.
28 (3) (a) Notice must be served upon the secretary of state and upon the attorney general.
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 Unofficial Draft Copy
**** As of: 10/21/2024, 10:52:08
69th Legislature 2025 Drafter: Jaret Coles, **** LC 0378
1 (b) If the proceeding requests modification of ballot statements, an action brought under this
2 section must state how the petitioner's ballot statements approved by the attorney general do not satisfy the
3 requirements of 13-27-212 or 13-27-213 and must propose alternate ballot statements that satisfy the
4 requirements of 13-27-212 and 13-27-213.
5 (c) (i) Pursuant to Article IV, section 7(2), of the Montana constitution, an action brought pursuant
6 to this section takes precedence over other cases and matters in the supreme district court. The court shall
7 examine the proposed issue and the challenged statement or determination of the attorney general and shall as
8 soon as possible render a decision as to the adequacy of the ballot statements or the correctness of the
9 attorney general's determination.
10 (ii) If the court decides that the ballot statements do not meet the requirements of 13-27-212 or 13-
11 27-213, it may order the attorney general to revise the ballot statements within 5 days or certify to the secretary
12 of state ballot statements that the court determines will meet the requirements of 13-27-212 and 13-27-213. A
13 ballot statement revised by the attorney general pursuant to the court's order or certified by the court must be
14 placed on the petition for circulation and on the official ballot.
15 (iii) If the court decides that the attorney general's legal sufficiency determination is incorrect and
16 that a proposed issue does not comply with statutory and constitutional requirements governing submission of
17 the issue to the electors, any petitions supporting the issue are void and the issue may not appear on the ballot.
18 A proponent of the statewide ballot issue may resubmit a revised issue, pursuant to 13-27-214, subject to the
19 deadlines provided in this chapter.
20 (iv) If the court decides that the attorney general's legal deficiency determination is incorrect and
21 that a proposed statewide ballot issue complies with statutory and constitutional requirements governing
22 submission of the issue to the electors, the attorney general shall prepare ballot statements that comply with
23 13-27-212 and 13-27-213 and forward the statements to the secretary of state within 5 days of the court's
24 decision.
25 (4) A petition may be circulated by a signature gatherer upon transmission of the sample petition
26 form by the secretary of state pending review under this section. If, upon review, the attorney general or the
27 supreme district court revises the petition form or ballot statements, any petitions signed prior to the revision are
28 void.
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 Unofficial Draft Copy
**** As of: 10/21/2024, 10:52:08
69th Legislature 2025 Drafter: Jaret Coles, **** LC 0378
1 (5) An original proceeding in the supreme court under this section is the exclusive remedy for a
2 challenge to the petitioner's ballot statements, as approved by the attorney general, or the attorney general's
3 legal sufficiency determination. A statewide ballot issue may not be invalidated under this section after the
4 secretary of state has certified the ballot under 13-12-201.
5 (6) This section does not limit the right to challenge a constitutional defect in the substance of an
6 issue approved by a vote of the people."
7
8 NEW SECTION. Section 2. {standard} Effective date. [This act] is effective on passage and
9 approval.
10
11 NEW SECTION. Section 3. Applicability. [This act] applies to statewide ballot issues submitted to
12 the secretary of state on or after [the effective date of this act].
13 - END -
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