2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-216. Statutory initiative process and procedure

13-27-216. Statutory initiative process and procedure.
(1) (a) A proponent of a statutory initiative shall submit the text of the proposed statutory initiative to the secretary of state together with draft ballot statements and the filing fee required by 13-27-215. The secretary of state shall, without undue delay, forward a copy of the text of the proposed statutory initiative and ballot statements to the legislative services division for review in accordance with 13-27-225.
(b) A proposed statutory initiative 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 initiative 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 initiative 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 14 days after receiving the proposed statutory initiative 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 initiative and ballot statements to the secretary of state. However, if a response to the legislative services division is not required by the proponent pursuant to 13-27-225, the proponent shall instead submit the final text of the proposed statutory initiative 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 initiative and the ballot statements, the secretary of state shall reject the proposed statutory initiative 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, without undue delay, refer a copy of the proposed statutory initiative and ballot statements concurrently to the budget director and to the attorney general for the attorney general's review in accordance with 13-27-226.
(5) The budget director shall determine whether a fiscal note is necessary. If the budget director determines a fiscal note is necessary, the budget director shall prepare a fiscal note, notify the attorney general of the necessity of the fiscal note, and provide a copy of the fiscal note pursuant to 13-27-227 within 10 days. Receipt of the notice from the budget director begins the time frame in subsection (7).
(6) In addition to the requirements of 13-27-226, the attorney general shall:
(a) include in the attorney general's legal sufficiency review whether the proposed statutory initiative constitutes an appropriation as set forth in 13-27-239; and
(b) review the proposed statutory initiative as to whether the proposal could cause a regulatory taking under Montana law or otherwise will likely cause significant material harm to one or more business interests in the state if approved by the voters. If the attorney general determines the proposed statutory initiative will likely cause significant material harm to one or more business interests in the state, the attorney general shall notify the secretary of state, which must include the finding set forth in 13-27-238(2) on the final form of the petition.
(7) Within 30 days of receipt of the proposed statutory initiative from the secretary of state, the attorney general shall complete the requirements set forth in 13-27-226 and subsection (6) of this section.
(8) The secretary of state shall review the legal sufficiency opinion received pursuant to 13-27-226.
(a) If the attorney general finds that the proposed statutory initiative 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 initiative has been rejected. The notice must include a copy of the attorney general's legal sufficiency opinion.
(b) If the attorney general finds that the proposed statutory initiative is legally sufficient, the secretary of state shall, without undue delay, provide the executive director of the legislative services division a copy of the final text of the proposed statutory initiative and ballot statements in accordance with 13-27-228. After the executive director of the legislative services division provides the secretary of state the outcome of the vote as required by 13-27-228, the secretary of state shall immediately send a sample petition form as provided in 13-27-233 to the person submitting the proposed statutory initiative.
History: En. Sec. 5, Ch. 647, L. 2023.