SB 96: initiative reform

WHAT DOES THE BILL DO?

Gives Supreme Court original jurisdiction to review ballot statements approved by the Attorney General and to determine the legal sufficiency of ballot issues. If the proceeding is based on factual allegations, rather than legal, the Supreme Court shall refer the case to the District Court of the county of the residence of the lead petitioner. If a lead petitioner has not been determined, the case will be referred to the District Court of Lewis and Clark County. section 1.

Requires signature gatherers for ballot issues to be Montana residents. section 5

Signature gatherers may not be given anything of value based on the number of signatures gathered. section 5

Prohibits a person from knowingly or purposefully physically preventing or intimidating another person when the individual is collecting signatures. Anyone found guilty is guilty of a misdemeanor. Section 13

Removes “assisted” in gathering from affidavit language signed by signature gatherers. section 14

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. section 15

Allows proponents to submit 100- word purpose statements and 25-word for and against statements for ballot issues to Legislative Services Division. Legislative Services then submits comments to the proponent, who may accept or reject the statements. The language is then given to the Attorney General, who may accept or reject the proponent’s language. If the statements are rejected, the Attorney General will prepare the 100-word purpose statement, 25-word for and against statements. section 15

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 15 Requires each county to notice conflicting ballot issues on ballots. section 22

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. section 17

If the legal sufficiency is challenged, the Supreme Court must make a final determination before a ballot issue is certified by the Secretary of State for printing on the ballot. section 17

If a qualified elector chooses to bring action in district court to challenge a ballot issue based on illegal signatures or erroneous count, the action is filed in the district court for the county of residence of the qualified elector. section 18

Requires statements given for inclusion in the voter information pamphlet for ballot issues be supported by background documents that are filed with the Secretary of State. section 21

Requires that every county’s ballot contain identical language for each ballot issue. section 22

Here is the basics (without all the details or timelines) on how the process will work:

Proponents will submit to the Secretary of State (SOS) proposed text and ballot statements for an initiated ballot issue.

The SOS will forward a copy of the proposed text and statements to the Legislative Services Division (LDS) for review.

LSD will review the proposal for clarity, conformity to the bill drafting manual and legal sufficiency. (& other factors)

Within 14 days, LDS must give to proponents, in writing, any revisions or state that no revisions are needed.

Proponents must then respond to the comments by LSD, unless no revisions are needed.

LSD must forward all correspondence to the SOS, which is public record. (The SOS cannot accept any proposal unless it has first gone to LSD).

The SOS then refers a copy of the proposal (after revisions) to the AG for determination of legal sufficiency and approval of ballot statements. The AG shall forward to the SOS an opinion on legal sufficiency.

If the proposal will have a fiscal impact, the Budget Director has 10 days to return a fiscal note to the Attorney General, who will write a 50-word fiscal impact statement that must be printed on the ballot.

If the AG determines that the proposed ballot issue is legally sufficient, the SOS can submit to the proponents a sample petition. The proponents may begin circulating the petitions, but if a court later revises the petition, the signatures gathered cannot be counted.

If the AG determines that the proposed ballot issue is not legally sufficient, then the SOS cannot issue the proponents sample petitions.