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SB 96:
Revise Initiative & Referendum Process

Sponsored by Sen. Carol Williams
By Request of the Department of Justice and Secretary of State

WHAT DOES THE BILL DO?

  • Gives the Montana Supreme Court original jurisdiction to review ballot statements prepared by the Attorney General and to determine the legal sufficiency of ballot issues.

  • Requires signature gatherers for ballot issues to be Montana residents.

  • Prohibits signature gatherers for ballot issues from being paid by the signature.

  • Prohibits preamble and argumentative language from ballot issue language.

  • Removes "assisted" in gathering from affidavit language that is signed by signature gatherers.

  • Lengthens the time given to the Budget Director to prepare fiscal notes from 6 to 10 days for ballot issues that affect revenue, expenditures or fiscal liability of the state.

  • Requires the Attorney General to determine if a ballot issue will conflict with other ballot issues and notice the Secretary of State if a conflict exists. section 14 Requires each county to notice conflicting ballot issues on ballots.

  • Clarifies that signatures gathered on sample petitions that are later revised by the Attorney General or the courts are void and cannot be counted toward the final signature count.

  • Requires that the Supreme Court make a final determination on legal sufficiency before a ballot issue is certified by the Secretary of State for printing on the ballot.

  • Requires that every county's ballot contain identical language for each ballot issue.