2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-226. Review by attorney general

13-27-226. Review by attorney general.
(1) On receipt of a proposed statutory initiative, statutory referendum, constitutional initiative, or constitutional convention initiative and the proposal's ballot statements from the office of the secretary of state and the fiscal note determination from the budget director as provided in this part, the attorney general shall examine the proposal, review the proposal for legal sufficiency as provided in subsection (2), review the ballot statements if required by subsection (3), prepare a fiscal statement if required by subsection (4), and determine if the proposal conflicts with other issues that may appear on the ballot at the same election as provided in subsection (5).
(2) The attorney general shall examine the proposal received pursuant to subsection (1), prepare an opinion as to the proposal's legal sufficiency, and forward the opinion to the secretary of state.
(3) (a) If the attorney general determines that the proposal is legally sufficient, the attorney general shall review the ballot statements to determine whether they contain the following matters:
(i) a statement of purpose and implication that complies with 13-27-212; and
(ii) a yes and no statement that complies with 13-27-213.
(b) The attorney general shall, in reviewing the ballot statements, endeavor to seek out parties on both sides of the issue and obtain their advice.
(c) If the attorney general determines the ballot statements comply with the requirements provided in subsection (3)(a), the attorney general shall approve the ballot statements and forward them to the secretary of state. However, if the attorney general determines in writing that a ballot statement clearly does not comply with the relevant requirements of subsection (3)(a), the attorney general shall prepare a ballot statement that complies with the relevant requirements of subsection (3)(a). The attorney general shall forward the revised ballot statement to the secretary of state as the approved ballot statement and shall provide a copy to the petitioner.
(4) If the proposal affects the revenue, expenditures, or fiscal liability of the state, the budget director shall prepare the fiscal note as provided in 13-27-227. If the fiscal note indicates a fiscal impact, the attorney general shall prepare a fiscal statement of no more than 50 words and forward it to the secretary of state. The statement must be used on the proposal's petition and on the ballot if the proposal is placed on the ballot.
(5) The attorney general shall determine if the proposal conflicts with one or more issues that may appear on the ballot at the same election for the purposes of 13-27-501(2)(h) and shall forward the attorney general's written determination to the secretary of state.
(6) If the attorney general determines that the proposal is not legally sufficient, the secretary of state may not deliver a sample petition form unless the attorney general's opinion is overruled pursuant to 13-27-605 and the attorney general has approved or prepared ballot statements under this section.
History: En. Sec. 11, Ch. 647, L. 2023.