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Facebook Twitter WhatsApp SMS Email Print Copy article link Save After a number of bills that touch the state’s constitutional initiative process died off at the Montana Legislature in recent weeks, four are still successfully moving through the process, including one proposal that is nearing the governor’s desk for his signature. Citizen-led ballot initiatives took center stage last summer when three constitutional initiatives received enough voter signatures to be placed on Montanans’ November ballots, including CI-128, which passed and enshrined the explicit right to abortion in Montana’s constitution. The prominence of those initiatives has led to a number of bills being proposed this legislative session that aim to change what the constitutional initiative process looks like.
Some of the bills impact the signature-gathering process of a constitutional initiative. In order for a citizen-led constitutional initiative to first qualify for the ballot, signature gatherers — who are often paid — must collect tens of thousands of signatures across at least 40 of Montana’s legislative districts. Popular hot springs resort in Bitterroot Valley listed for sale at nearly $6 million 'Really dark times coming': DOGE cuts dozens of jobs at Rocky Mountain Labs in Hamilton More than 500 take to the streets of Hamilton to protest the Trump administration Hamilton City Council approves 23-unit senior affordable housing complex Police probe alleged child sex abuse, coverup at ‘cult’ church following news investigation Bitterroot school board candidates finalized for upcoming May 6 election MDT hosts open house in Darby for upcoming Highway 93 road project Trump administration rolls back forest protections in bid to ramp up logging Bitterroot's bighorn sheep see 'significant' mortality over winter Kelsey Hildal, former member of Montana Lady Griz, killed in police shooting in Ohio A pipeline company sought to grab land from 'hundreds' of people.
Now its project is threatened Bernie Sanders bringing his 'Fighting Oligarchy' tour to Missoula BNF to begin spring prescribed fires on more than 5,500 acres March precipitation helped Montana snowpack; officials say more is needed Federal funding freeze leaves Bitterroot businesses, nonprofits in limbo; 42% reportedly impacted Columbia Falls Republican Rep. Braxton Mitchell sponsored House Bill 201, which would require signature gatherers to tell people they approach their first name and the state where they legally reside. They would also have to wear a badge with their first name and last initial.
That bill is headed to the governor's desk for his signature. Rep. Braxton Mitchell, R-Columbia Falls, talks with a fellow legislator on March 4 on the House floor.
THOM BRIDGE, Independent Record Mitchell said the bill is in part motivated by his concern that out-of-state signature gatherers who don’t have an interest in Montana policy are involving themselves in the process. Patrick Webb, a lobbyist with the Montana Family Foundation, supported the bill. This past summer, he video recorded signature gatherers in public as part of an opposition effort.
“This is all about transparency to the voters,” he told a legislative committee last month. “If you sign up to go do this, you're in the public space, and I think that there needs to be transparency.” Patrick Webb, director of constituent relations and grassroots development for the Montana Family Foundation, follows a CI-128 signature gatherer around while wearing a bodycam during an Alive at Five concert in Helena on June 19.
THOM BRIDGE, Independent Record The proposal is also supported by the Montana Secretary of State’s Office. SK Rossi, a lobbyist for ACLU Montana, expressed concern over the name disclosure requirement and that signature gatherers could face harassment, particularly if hot-button issues are on the petition. State law bars people from physically preventing signature gathering or intimidating gatherers during the ballot issue process.
Rossi, who helped run CI-128's campaign, also said the requirements in HB 201 would lay the groundwork for people to be able to infuse doubt into the legitimacy of signatures that are gathered. MT's expensive constitutional initiatives are bankrolled by national organizations “It is a way for the secretary of state and opponents to say that signature gatherers and the campaign broke the law and we’re not going to count those signatures,” Rossi said. Before HB 201 ultimately passed the Senate earlier this month, a Democrat also raised a constitutional concern.
Sen. Janet Ellis, D-Helena, suggested the language added to the bill about verbally disclosing one’s name may not fit under the title of the bill, a constitutional requirement in Montana. Legislative attorney Todd Everts advised that it was “not clear either way” whether the subject fits under the title or not.
HB 201 is one of a slew of bills that impact the ballot initiative process, some of which are still alive, but a number of which missed legislative deadlines, meaning they're all but dead. “201 does look boring on its face, but in reality, it's one cut in a death of 1,000 cuts to the ballot initiative process,” Rossi said. A CI-128 ballot petitioner gets a signature from a person at the Missoula Pride Parade on June 15.
ANTONIO IBARRA OLIVARES, Missoulian Mitchell also has a bill that would ban most foreign contributions to ballot initiative organizations. In its current form, the legislation would not extend to someone who is a lawful resident, but not a citizen of the United States. The ballot initiative organizations got the vast majority of their funding from outside groups, one of which was the nonprofit dark money group Sixteen Thirty Fund, which donated millions to the organizations running the three Montana initiatives.
Open primaries backers net $1.1 million almost entirely from PAC and dark money group According to reporting from national outlets, Sixteen Thirty Fund received millions from a Swiss billionaire. If House Bill 818 became law, the ballot initiative groups may not be able to receive money from outfits like Sixteen Thirty in the future, Commissioner of Political Practices Chris Gallus explained.
Additionally, a pair of bills that would make it harder to amend the state’s constitution passed the House on a partisan vote earlier this month, with all Democrats voting against the legislation. There are two main ways that Montana's constitution can be amended; they both require voter approval: Organizers can get an amendment on the ballot by collecting enough signatures from across the state (like was done this summer for CI-128), or the Legislature can vote to put the amendment on the ballot. As it stands, it takes a simple majority to pass these initiatives once they reach voters.
House Bills 821 and 822, both sponsored by Billings Republican Rep. Jodee Etchart, would increase that simple majority to 60%. Those bills will next be heard by a Senate committee.
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