2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-217. Statutory referendum process and procedure

13-27-217. Statutory referendum process and procedure.
(1) (a) A proponent of a statutory referendum shall submit the text of the proposed statutory referendum to the secretary of state together with draft ballot statements and the filing fee required by 13-27-215. The secretary of state shall forward a copy of the text of the proposed statutory referendum and ballot statements to the legislative services division for review in accordance with 13-27-225.
(b) A proposed statutory referendum may not be accepted by the secretary of state until 10 days after the adjournment sine die of the regular legislative session preceding the general election during which the proposal is intended to be voted on. The prohibitions on acceptance of a proposed statutory referendum provided in this subsection (1)(b) do not apply to a submission received on or after the date that falls 130 days after the date that the legislature convened in regular session pursuant to 5-2-103, even if the legislature has not adjourned sine die. If the secretary of state rejects a proposed statutory referendum pursuant to this subsection (1)(b), the secretary of state shall promptly notify the person who submitted the proposal of the reason for the rejection.
(2) Within 7 days after receiving the proposed statutory referendum from the secretary of state, the legislative services division shall respond in writing to the proponent in accordance with 13-27-225.
(3) After the proponent responds to the legislative services division as provided in 13-27-225, the proponent shall submit the final text of the proposed statutory referendum and ballot statements to the secretary of state. However, if a response to the legislative services division is not required by the proponent pursuant to13-27-225, the proponent shall instead submit the final text of the proposed statutory referendum and ballot statements to the secretary of state after the proponent receives the legislative services division's response.
(4) On receipt of the final text of the proposed statutory referendum and the ballot statements, the secretary of state shall reject the proposed statutory referendum if the text or a ballot statement contains material not submitted to the legislative services division that is a substantive change not recommended by the legislative services division. Otherwise, the secretary of state shall refer a copy of the proposed statutory referendum and ballot statements concurrently to the budget director and the attorney general.
(5) (a) The budget director shall determine whether a fiscal note is necessary, prepare the fiscal note, notify the attorney general of the necessity of its determination, and provide a copy of the fiscal note, if required, pursuant to 13-27-227 within the timeframe required in subsection (5)(b). Receipt of the notice from the budget director begins the time frame in subsection (6) for the attorney general's review in accordance with13-27-226.
(b) If the legislative act that is the subject of the proposed statutory referendum had a fiscal note prepared pursuant to 5-4-202 during the legislative session in which the bill was proposed, the budget director shall return the fiscal note to the attorney general within 3 days. If the legislative act that is the subject of the proposed statutory referendum did not have a fiscal note prepared pursuant to 5-4-202 during the legislative session in which the bill was proposed, the budget director shall return the fiscal note to the attorney general within 6 days.
(6) If the budget director is allowed 3 days to return the fiscal note pursuant to subsection (5), the attorney general shall complete the requirements set forth in 13-27-226 within 14 days of the receipt of the proposed statutory referendum from the secretary of state. However, if the budget director is allowed 6 days to return the fiscal note pursuant to subsection (5), the attorney general shall complete the requirements set forth in 13-27-226 within 17 days of the receipt of the proposed statutory referendum from the secretary of state.
(7) The secretary of state shall review the legal sufficiency opinion received pursuant to 13-27-226. If the attorney general:
(a) finds that the proposed statutory referendum is not legally sufficient, the secretary of state shall, without undue delay, send written notice to the person who submitted the proposal that the proposed statutory referendum has been rejected. The notice must include a copy of the attorney general's legal sufficiency opinion.
(b) finds that the proposed statutory referendum is legally sufficient, the secretary of state shall immediately send a sample petition form as provided in 13-27-233 to the person submitting the proposed statutory referendum.
History: En. Sec. 6, Ch. 647, L. 2023.