# 2022 Montana Legislative Referendum 131

Elections in Montana :
Federal government
Presidential elections
1892
1896
1900
1904
1908
1912
1916
1920
1924
1928
1932
1936
1940
1944
1948
1952
1956
1960
1964
1968
1972
1976
1980
1984
1988
1992
1996
2000
2004
2008
2012
2016
2020
2024
Presidential primaries
Democratic
2000
2004
2008
2016
2020
2024
Republican
2008
2012
2016
2020
2024
U.S. Senate elections
1890
1895
1895 sp
1899
1901
1901 sp
1905
1907
1911
1913
1916
1918
1922
1924
1928
1930
1934
1934 sp
1936
1940
1942
1946
1948
1952
1954
1958
1960
1964
1966
1970
1972
1976
1978
1982
1984
1988
1990
1994
1996
2000
2002
2006
2008
2012
2014
2018
2020
2024
2026
U.S. House of Representatives elections
1889
1890
1892
1894
1896
1898
1900
1902
1904
1906
1908
1910
1912
1914
1916
1918
1920
1922
1924
1926
1928
1930
1932
1934
1936
1938
1940
1942
1944
1945
2nd sp
1946
1948
1950
1952
1954
1956
1958
1960
1962
1964
1966
1968
1969
2nd sp
1970
1972
1974
1976
1978
1980
1982
1984
1986
1988
1990
1992
1994
1996
1998
2000
2002
2004
2006
2008
2010
2012
2014
2016
2017
AL sp
2018
2020
2022
2024 :
State government
General elections
2010
2012
2014
2016
2018
2020
2022
2024
Gubernatorial elections
1889
1892
1896
1900
1904
1908
1912
1916
1920
1924
1928
1932
1936
1940
1944
1948
1952
1956
1960
1964
1968
1972
1976
1980
1984
1988
1992
1996
2000
2004
2008
2012
2016
2020
2024
Secretary of State elections
2020
2024
Attorney General elections
2020
2024
State Auditor elections
2020
2024
Senate elections
2016
2018
2020
2022
2024
House of Representatives elections
2000
2002
2004
2006
2008
2010
2012
2014
2016
2018
2020
2022
2024 :
Ballot measures
1894Capital referendum
2004Initiative 96
2012Referendum 121
2016Initiative 182
2020Initiative 190
2022Referendum 131
2024Initiative 128 :
Billings
Mayoral elections
2001
2005
2009
2013
2017
2021
2025 :
Missoula
Mayoral elections
2003
2007
2011
2015
2019
2023
2027 :
Great Falls
Mayoral elections
2001
2005
2009
2013
2017
2021
2025 :
Bozeman
Mayoral elections
2001
2005
2009
2013
2017
2021
2025 :
Helena
Mayoral elections
2001
2005
2009
2013
2017
2021
2025 :
vte :
The 2022 Montana Legislative Referendum 131, commonly known as the Born-Alive referendum, was a legislatively-referred state statute in the state of Montana, which was voted on alongside the 2022 elections in the state. The statute, which sought to define certain infants as "born alive" – including following abortions – and compel medical practitioners to provide life-sustaining care to them no matter the prognosis, was rejected by voters.
Montana was one of six states to vote on an abortion-related referendum as part of the 2022 elections, alongside California, Michigan, Kansas, Kentucky, and Vermont. Although the vote was held following the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, the Montana Legislature passed the bill before the decision had been taken.

## Background

House Bill 167, referred to as the Born-Alive Infant Protection Act was introduced to the Montana House of Representatives by Matt Regier on 14 January 2021. It provided for a referendum on defining "infants born alive, including infants born alive after an abortion" as legal persons, and that healthcare providers should "take necessary actions to preserve the life of a born-alive infant", with penalties of a $50,000 fine and up to 20 years in prison.
The bill passed on party lines in the House and Senate, with only 1 defection in either party at the final readings.

### Legislative votes

House of Representatives vote – 3rd reading :
| Party | Party | Votes for | Votes against |
| | Republican (67) | 67 | – |
| | Democratic (33) | 1 Dave Fern | 32 |
| Total (100) | Total (100) | 68 | 32 |
Senate vote – 3rd reading :
| Party | Party | Votes for | Votes against |
| | Republican (31) | 30 | 1 Jeffrey Welborn |
| | Democratic (19) | – | 19 |
| Total (50) | Total (50) | 30 | 20 |
House of Representatives vote – 3rd reading as amended by Senate :
| Party | Party | Votes for | Votes against |
| | Republican (67) | 66 | 1 Edward Buttrey |
| | Democratic (33) | – | 33 |
| Total (50) | Total (50) | 66 | 34 |

## Contents

The proposal appeared on the ballot as follows:
AN ACT ADOPTING THE BORN-ALIVE INFANT PROTECTION ACT; PROVIDING THAT INFANTS BORN ALIVE, INCLUDING INFANTS BORN ALIVE AFTER AN ABORTION, ARE LEGAL PERSONS; REQUIRING HEALTH CARE PROVIDERS TO TAKE NECESSARY ACTIONS TO PRESERVE THE LIFE OF A BORN-ALIVE INFANT; PROVIDING A PENALTY; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED TO THE QUALIFIED ELECTORS OF MONTANA; AND PROVIDING AN EFFECTIVE DATE.
This Act legally protects born-alive infants by imposing criminal penalties on health care providers who do not act to preserve the life of such infants, including infants born during an attempted abortion. A bornalive infant is entitled to medically appropriate care and treatment. A health care provider shall take medically appropriate and reasonable actions to preserve the life and health of a born-alive infant.
A born-alive infant means an infant who breathes, has a beating heart, or has definite movement of voluntary muscles, after the complete expulsion or extraction from the mother.
A health care provider found guilty of failing to take medically appropriate and reasonable actions to preserve a born-alive infant's life under this Act faces punishment of a fine up to $50,000 or imprisonment up to 20 years, or both.

## Campaign

Committees for both sides in the referendum were entitled to put forward arguments and rebuttals in the voter information pamphlet.

### Opposition

Opposition in the referendum came from both the medical community and pro-choice activists. The Montana Medical Association supported a "no" vote as the organisation believed it would limit the options available should an infant be born with little chance of survival. It was noted that cases where fetuses survive an abortion before dying are rare and often the result of other health conditions, meaning the bill was largely unnecessary.
Compassion for Montana Families was the main opposition group in the referendum. They argued that the bill was similar to the pro-life templates proposed by the Americans United for Life, and that the language would force medical practitioners to make decisions against the wishes of parents.
The arguments against LR-131 in the voter information pamphlet were written by Diane Sands, Alice Buckley, and Leah Miller.

#### Fundraising

Compassion for Montana Families: No on LR-131 raised a total of $1,047,955, with the largest single donor being the Families United for Freedom PAC. In addition, Montanans Against LR-131 raised $17,611.

### Support

Catherine Glenn Foster, the President of Americans United for Life, spoke in favour of the bill during its passage in the House of Representatives. Supporters claimed that a "yes" victory would not reduce palliative care options for parents, and that existing laws did not adequately cover all cases.
The arguments for LR-131 in the voter information pamphlet were written by Tom McGillvray, Kerri Seekins-Crowe, and Jeff Laszloffy.

## Results

Legislative Referendum 131 :
| Choice | Votes | % |
| No | 235,904 | 52.55 |
| Yes | 213,001 | 47.45 |
| Total votes | 448,905 | 100.00 |
| Registered voters/turnout | 762,959 | 58.84 |
| Source: Secretary of State of Montana |||