Constitutional Amendment Would Protect Ballot Initiatives

A group aiming to protect ballot initiatives in Montana has filed a Constitutional amendment to ensure Montanans can petition to enact laws in the state without interference.

“This initiative protects the right of Montana voters to propose and vote on laws that matter to them,” said SK Rossi, spokesperson for Montanans Decide, in a statement. “Too often, politicians forget who they work for and they push agendas that serve their own interests rather than listening to what voters want.

“Montanans know what is best for Montana, and this measure protects our right to propose and vote on laws that put our interests first.”

The Montana Constitution protects the right of the people to enact laws by ballot initiative.

However, Montanans Decide said the process to place measures on the ballot is under fire, and it must be protected in the state Constitution.

The proposed language states the process to submit ballot initiatives must be impartial, predictable, transparent and expeditious, and the government should not support or oppose a ballot measure.

The proposed ballot language is this: “The Montana constitution reserves to the people the powers of initiative and referendum. CI-*** amends the constitution to protect this fundamental right from unjustified interference by the government. Specifically, CI-*** requires impartial, predictable, open, and timely processes for ballot issues, including approving petitions and ballot statements, resolving legal challenges, and verifying signatures. It requires the state to allow ample time for signature gathering, and prohibits disqualification of petitions because of minor or technical issues and allows voters to withdraw their signatures if they choose.”

In an email Monday, Oct. 6, Rossi said the citizen initiative process in Montana used to be “much more straightforward.”

“Over the years, the legislature has made it much more difficult and complicated for Montana voters to exercise our right to propose and vote on laws that affect our lives,” Rossi said.

In the last couple of sessions, for example, Rossi said the legislature added “exorbitant fees” and administrative hurdles for signature gatherers.

“Montanans have a right to propose and vote on laws that affect our lives, but the process is under attack,” Rossi said in the news release. “This measure protects that right and keeps government accountable to us.”

In 2024, a district court judge found a $3,700 filing fee to propose an initiative to be unconstitutional in a lawsuit over ballot measure restrictions including ones in Senate Bill 93 from 2023.

Lewis and Clark District Court Judge Mike Menahan also struck down a requirement for review by a legislative committee as unconstitutional, although he upheld some other changes the plaintiffs had challenged from the 2021 and 2023 sessions.

For example, Menahan said the agency reviews the plaintiffs challenged might not be necessary to the process, but that didn’t make them automatically unconstitutional.

The judge said he was sympathetic to the short timelines the plaintiffs faced, but the legislature is allowed to set terms for how the power of initiative is exercised, and agency reviews should be considered individually.

In a news release, Montanans Decide said attempts to infringe on the citizens’ initiative process continued in the 2025 Legislature, “making this constitutional initiative critical to protect the voice of Montana voters.”

If approved for the ballot, the proposed Constitutional amendment will come before voters in November 2026.

To appear on the ballot, the measure requires the Montana Attorney General to approve its language as legal, as outlined by the Montana Secretary of State’s Office.

It then requires signatures from at least 10% of electors in Montana, including at least 10% in each of 40 legislative House districts.

The Secretary of State’s Office lists seven other measures that could appear on the November 2026 ballot, including Constitutional initiatives to require nonpartisan judicial elections and ones to limit property taxes.

Montanans Decide’s committee registration to the Commissioner of Political Practices is dated Friday. Its first campaign finance report is due on Jan. 5, 2026.

In the meantime, Rossi said the effort is supported by “passionate people here in Montana.”

“This is a home-grown effort, and our coalition is made up of groups, volunteers, and grassroots donors across Montana who are working to get this amendment onto the ballot and passed next November,” Rossi said in an email. “ … And only Montana voters will have the power to pass this ballot measure.”