reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 13. Elections › Chapter 26. Convention to Ratify Amendments to United States Constitution › Part 1. Ratification of Amendments › 13-26-110. Qualifications of petitioners and electors

13-26-110. Qualifications of petitioners and electors.
Persons entitled to petition for nomination and vote at the election are determined by the laws on registration.
History: En. Sec. 245, Ch. 368, L. 1969; R.C.M. 1947, 23-4610.
2023 Montana Code Annotated › Title 13. Elections › Chapter 26. Convention to Ratify Amendments to United States Constitution › Part 1. Ratification of Amendments › 13-26-111. Federal acts to supersede state provisions concerning amendments

13-26-111. Federal acts to supersede state provisions concerning amendments.
If congress, by resolution or statute, prescribes how the convention shall be constituted and held, this chapter is inoperative, and the convention shall be constituted and held as congress directs. All state officers are directed to take action to constitute the convention as authorized by congress and act as if acting under state statute.
History: En. Sec. 246, Ch. 368, L. 1969; R.C.M. 1947, 23-4611.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 1. General Provisions › 13-27-101. Establishment of initiative and referendum procedures

13-27-101. Establishment of initiative and referendum procedures.
The right of the people to petition to enact laws by initiative, to petition to approve or reject by referendum any act of the legislature except an appropriation of money, to call for a vote on whether there shall be a constitutional convention, and to propose constitutional amendments by initiative as guaranteed by The Constitution of the State of Montana may be exercised through adherence to the procedures established in this chapter.
History: En. 37-115 by Sec. 1, Ch. 342, L. 1977; R.C.M. 1947, 37-115.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 1. General Provisions › 13-27-102. Who may petition and gather signatures

13-27-102. Who may petition and gather signatures.
(1) A petition may be signed only by a qualified elector of the state of Montana.
(2) A person gathering signatures for a petition may not be paid anything of value based upon the number of signatures gathered.
History: En. 37-116 by Sec. 2, Ch. 342, L. 1977; R.C.M. 1947, 37-116(part); amd. Sec. 5, Ch. 481, L. 2007; amd. Sec. 22, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 1. General Provisions › 13-27-103. Sufficiency of signature -- electronic signatures prohibited

13-27-103. Sufficiency of signature -- electronic signatures prohibited.
(1) A signature for a petition may not be counted unless it is the original signature of the elector in ink, and the elector has signed in substantially the same manner as on the voter registration form. If the elector is registered with a first and middle name, the use of an initial instead of either the first or middle name, but not both names, need not disqualify the signature. The signature may be counted so long as the signature, taken as a whole, bears sufficient similarity to the signature on the registration form as to provide reasonable certainty of its authenticity.
(2) Electronic, digital, or facsimile signatures, including electronic signatures pursuant to Title 30, chapter 18, part 1, are prohibited.
History: En. 37-116 by Sec. 2, Ch. 342, L. 1977; R.C.M. 1947, 37-116(part); amd. Sec. 1, Ch. 494, L. 1979; amd. Sec. 22, Ch. 368, L. 2017; amd. Sec. 23, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 1. General Provisions › 13-27-104. Time for filing

13-27-104. Time for filing.
Unless a specific time for filing is provided in the constitution, all petitions filed with the secretary of state, certified as provided by law, must be received before 5 p.m. of the third Friday of the fourth month prior to the election at which they are to be voted upon by the people.
History: En. 37-125 by Sec. 11, Ch. 342, L. 1977; R.C.M. 1947, 37-125; amd. Sec. 4, Ch. 359, L. 1991.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 1. General Provisions › 13-27-105. Effective date of statewide initiative and statewide referendum issues

13-27-105. Effective date of statewide initiative and statewide referendum issues.
(1) Unless the petition states otherwise, a statutory initiative or constitutional convention initiative approved by the people is effective on October 1 following approval. If a statutory initiative delegates rulemaking authority, it is effective no sooner than October 1 following approval.
(2) A constitutional initiative or constitutional referendum that is approved by the people is effective on July 1 following approval unless the constitutional initiative or constitutional referendum provides otherwise.
(3) Unless specifically provided by the legislature in an act referred by it to the people or until suspended by a petition signed by at least 15% of the qualified electors in a majority of the legislative representative districts, an act referred to the people is in effect as provided by law until it is approved or rejected at the election. An act that is rejected is repealed effective the date the result of the canvass is filed by the secretary of state under 13-27-503. An act referred to the people that was in effect at the time of the election and is approved by the people remains in effect. An act that was suspended by a petition and is approved by the people is effective the date the result of the canvass is filed by the secretary of state under 13-27-503. An act referred by the legislature that contains an effective date following the election becomes effective on that date if approved by the people. An act that provides no effective date and whose substantive provisions were delayed by the legislature pending approval at an election and that is approved is effective October 1 following the election.
History: En. 37-137 by Sec. 23, Ch. 342, L. 1977; R.C.M. 1947, 37-137; amd. Sec. 1, Ch. 73, L. 1981; amd. Sec. 8, Ch. 79, L. 1983; amd. Sec. 16, Ch. 298, L. 1987; amd. Sec. 24, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 1. General Provisions › 13-27-110. Definitions

13-27-110. Definitions.
As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Ballot statements" means a statement of purpose and implication and a yes and no statement.
(2) "Constitutional convention initiative" means a statewide initiative to submit to the qualified electors the question of whether there must be an unlimited convention to amend the Montana constitution as authorized in Article XIV, section 2, of the Montana constitution.
(3) "Constitutional convention referendum" means a legislative act submitting the question of whether there must be an unlimited convention to revise, alter, or amend the Montana constitution to the qualified electors that is referred by the legislature as authorized in Article XIV, section 1, of the Montana constitution.
(4) "Constitutional initiative" means a statewide initiative to enact constitutional law as authorized in Article XIV, section 9, of the Montana constitution.
(5) "Constitutional referendum" means a legislative act to enact constitutional law that is referred by the legislature to the qualified electors for approval or rejection as authorized in Article XIV, section 8, of the Montana constitution.
(6) "Enact" means to enact, amend, or repeal.
(7) "Legal sufficiency" or "legally sufficient" means that a petition complies with statutory and constitutional requirements governing submission of the proposed issue to the qualified electors and the substantive legality of the proposed issue if approved by the voters.
(8) "Legislative referendum" means a legislative act to enact statutory law that is referred by the legislature to the qualified electors for approval or rejection as authorized in Article III, section 5, of the Montana constitution.
(9) "Petition" means a petition for a statewide initiative or a statutory referendum prepared pursuant to the requirements of this chapter.
(10) "Statewide ballot issue" means a statewide initiative or a statewide referendum.
(11) "Statewide initiative" means a constitutional initiative, a constitutional convention initiative, or a statutory initiative.
(12) "Statewide referendum" means a constitutional referendum, a constitutional convention referendum, a legislative referendum, or a statutory referendum.
(13) "Statewide referendum referred to a vote of the people by the legislature" means a constitutional referendum, a constitutional convention referendum, or a legislative referendum.
(14) "Statutory initiative" means an initiative to enact statutory law as authorized in Article III, section 4, of the Montana constitution.
(15) "Statutory referendum" means a legislative act to enact statutory law that is referred by petition to the qualified electors for approval or rejection as authorized in Article III, section 5, of the Montana constitution.
History: En. Sec. 1, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 1. General Provisions › 13-27-111. Repealed

13-27-111. Repealed.
Sec. 56, Ch. 647, L. 2023.
History: En. Sec. 1, Ch. 117, L. 1999; amd. Sec. 1, Ch. 323, L. 2003; amd. Sec. 3, Ch. 479, L. 2005.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-202. Repealed

13-27-202. Repealed.
Sec. 56, Ch. 647, L. 2023.
History: En. 37-117 by Sec. 3, Ch. 342, L. 1977; R.C.M. 1947, 37-117(3); amd. Sec. 2, Ch. 400, L. 1979; amd. Sec. 1, Ch. 488, L. 1981; amd. Sec. 1, Ch. 4, L. 1983; amd. Sec. 5, Ch. 359, L. 1991; amd. Sec. 54, Ch. 545, L. 1995; amd. Sec. 51, Ch. 42, L. 1997; amd. Sec. 1, Ch. 191, L. 1999; amd. Sec. 6, Ch. 537, L. 2001; amd. Sec. 3, Ch. 323, L. 2003; amd. Sec. 7, Ch. 481, L. 2007; amd. Sec. 1, Ch. 372, L. 2011; amd. Sec. 4, Ch. 554, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-208. Repealed

13-27-208. Repealed.
Sec. 56, Ch. 647, L. 2023.
History: En. Sec. 1, Ch. 158, L. 1991; amd. Sec. 2, Ch. 191, L. 1999; amd. Sec. 10, Ch. 396, L. 2001; amd. Sec. 11, Ch. 537, L. 2001; amd. Sec. 11, Ch. 481, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-212. Statement of purpose and implication

13-27-212. Statement of purpose and implication.
(1) A statement of purpose and implication expresses the true and impartial explanation of the proposal in plain, easily understood language. The statement of purpose and implication may not be argumentative or written so as to create prejudice for or against the issue.
(2) A statement of purpose and implication may not exceed 135 words.
(3) Unless altered by the court under 13-27-605, a statement of purpose and implication is the petition title for an issue circulated by petition and the ballot title if the issue circulated by petition is placed on the ballot.
History: En. Sec. 2, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-213. Yes and no statement

13-27-213. Yes and no statement.
(1) A yes and no statement specifies that a positive vote indicates support for the issue and a negative vote indicates opposition to the issue.
(2) The yes and no statement must be placed beside the diagram provided for marking of the ballot in a manner similar to the following:
☐ YES on (insert the type of ballot issue and its number)
☐ NO on (insert the type of ballot issue and its number)
(3) The type of ballot issue and its number required by subsection (2) must be designated by the secretary of state as provided in 13-27-237 after the secretary of state receives notice from the attorney general that the petition has been found legally sufficient as provided in this part.
(4) The yes and no statement may not include additional material beyond the requirements of subsection (2).
History: En. Sec. 3, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-214. Submission and processing of statewide ballot issues

13-27-214. Submission and processing of statewide ballot issues.
(1) A proponent of a statutory initiative shall submit the text of the proposed initiative to the secretary of state in accordance with 13-27-216.
(2) A proponent of a statutory referendum shall submit the text of the proposed referendum to the secretary of state in accordance with 13-27-217.
(3) A proponent of a constitutional initiative shall submit the text of the proposed initiative to the secretary of state in accordance with 13-27-218.
(4) A proponent of a constitutional convention initiative shall submit the text of the proposed initiative to the secretary of state in accordance with 13-27-219.
(5) A constitutional referendum, a constitutional convention referendum, or a legislative referendum passed by the legislature must be processed in accordance with 13-27-220.
History: En. Sec. 4(1)-(5), Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-215. Filing fee

13-27-215. Filing fee.
(1) A proponent of a statutory initiative, a statutory referendum, a constitutional initiative, or a constitutional convention initiative shall include a nonrefundable filing fee of $3,700 per submitted proposal at the time of submittal to the secretary of state.
(2) The fee must be deposited in an account to the credit of the secretary of state in accordance with 2-15-405(4). The secretary of state's office shall retain $700, and distribute $2,000 to the legislative services division and $1,000 to the department of justice to help defray the costs of review by those offices.
(3) A proponent may seek a waiver from the fee required in subsection (6)(a) by demonstrating a financial inability to pay without substantial hardship. If a proponent is granted a fee waiver and later financial disclosure forms required by 13-37-225 show financial ability to pay the fee, the proponent is required to pay the fee at that time. If the proponent still fails to pay the fee, a penalty of up to three times the amount of the submission fee may be assessed.
(4) The secretary of state may adopt rules to provide for the administration of this section.
History: En. Sec. 4(6), Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-220. Statewide referendum referred by legislature -- process and procedure

13-27-220. Statewide referendum referred by legislature -- process and procedure.
(1) A statewide referendum referred to a vote of the people by the legislature must comply with the requirements of 5-4-102.
(2) The secretary of state shall transmit a statewide referendum proposed by the legislature to the attorney general according to the requirements of 13-27-246.
(3) (a) On receipt from the secretary of state of a statewide referendum referred to a vote of the people by the legislature, the attorney general shall prepare and forward to the secretary of state, within 30 days, ballot statements that comply with 13-27-212 and 13-27-213, except that the attorney general may not prepare a statement of purpose and implication if the statement has been provided by the legislature.
(b) When preparing a ballot statement pursuant to this section, the attorney general shall endeavor to seek out parties on both sides of the issue and obtain their advice.
History: En. Sec. 9, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-221. Filing limitations -- statewide initiative

13-27-221. Filing limitations -- statewide initiative.
A statewide initiative filed under the provisions of this chapter may not be filed if it is substantially the same as a measure defeated by the voters in an election within the preceding 4 years.
History: En. Sec. 4(7), Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-225. Review by legislative services division

13-27-225. Review by legislative services division.
(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 as provided in 13-27-216(1), 13-27-217(1), 13-27-218(1), or 13-27-219(1), the legislative services division staff shall review the text and ballot statements for clarity, consistency, and conformity with the most recent edition of the bill drafting manual furnished by the legislative services division, the requirements of this part, and any other factors that the staff considers when drafting proposed legislation.
(2) (a) The legislative services division staff shall recommend in writing to the proponent revisions to the text and revisions to the ballot statements to make them consistent with any recommendations for change to the text and the requirements of this part or state that no revisions are recommended.
(b) The proponent shall consider the recommendations and respond in writing to the legislative services division, accepting, rejecting, or modifying each of the recommended revisions. If revisions are not recommended, a response is not required.
(3) The legislative services division shall furnish a copy of the correspondence provided for in subsection (2) to the secretary of state, who shall make a copy of the correspondence available to any person on request.
History: En. Sec. 10, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-227. Preparation of fiscal note

13-27-227. Preparation of fiscal note.
(1) If the proposal affects the revenue, expenditures, or fiscal liability of the state, the budget director shall determine whether a fiscal note is necessary. If a fiscal note is required, the budget director, in cooperation with the agency or agencies affected by the statewide ballot issue, shall prepare the fiscal note.
(2) The fiscal note must incorporate an estimate of the proposal's effect on the revenue, expenditures, or fiscal liability of the state, and the substance of the fiscal note must substantially comply with the provisions of 5-4-205.
(3) The budget director shall return the fiscal note to the attorney general.
(4) If a revised fiscal note is requested pursuant to 13-27-228, the budget director shall prepare a revised fiscal note within 3 days and provide the revised fiscal note to the executive director of legislative services division.
(5) A revised fiscal note produced pursuant to 13-27-228 does not trigger an additional attorney general review or a revision of the fiscal impact statement under 13-27-226.
History: En. Sec. 12, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-228. Review by legislative committee

13-27-228. Review by legislative committee.
(1) If the attorney general finds that a proposed statewide initiative is legally sufficient as provided in this part, the secretary of state shall provide the executive director of the legislative services division with a copy of the final text of the proposed statewide initiative and ballot statements. The executive director shall forward the information to the appropriate interim committee for review in accordance with 5-5-215. If questions arise regarding which interim committee has jurisdiction over the matter, the executive director shall direct the review to the legislative council in accordance with 5-11-105.
(2) (a) The appropriate interim committee or the legislative council shall meet and hold a public hearing after receiving the information and vote to either support or not support the placement of the proposed statewide initiative text on the ballot.
(b) The interim committee or the legislative council may request a fiscal note if one was previously not determined necessary and may request a revised fiscal note from the budget director if new information is provided which would impact the fiscal note determination or accuracy of the initial fiscal note.
(c) For the purposes of this section, proxies must be allowed for legislators unable to participate if a quorum of the interim committee or legislative council meets.
(d) Nothing in this section prevents the interim committee or legislative council from meeting remotely or via conference call or other electronic means.
(3) (a) The executive director shall provide written correspondence to the secretary of state stating the name of the council or interim committee that voted on the proposal pursuant to subsection (2)(a), the date of the vote, and the outcome of the vote conducted in accordance with this section.
(b) The outcome of the vote must be submitted to the secretary of state no later than 14 days after receipt of the final text of the proposed statewide initiative and ballot statements.
(4) The outcome of the vote by an interim committee or the legislative council may not be reflected in the statewide initiative's statement of purpose and implication, the statewide initiative's petition title, or the ballot title if the statewide initiative is placed on the ballot.
History: En. Sec. 13, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-233. Provision of finalized petition for signature

13-27-233. Provision of finalized petition for signature.
(1) When the requirements of 13-27-216, 13-27-217, 13-27-218, or 13-27-219 are complete and the proposed statewide ballot issue has been found legally sufficient pursuant to 13-27-226, the secretary of state shall immediately send to the person submitting the proposed statewide ballot issue a sample petition form, including the text of the proposed statewide ballot issue, the statement of purpose and implication, and the yes and no statement, as prepared by the petitioner, reviewed by the legislative services division, and approved by the attorney general and in the form provided by this part.
(2) A signature gatherer may circulate the petition only in the form of the sample prepared by the secretary of state.
(3) The secretary of state shall immediately provide a copy of the sample petition form to any interested parties who have made a request to be informed of an approved petition.
History: En. Sec. 14, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-236. Form of petition generally

13-27-236. Form of petition generally.
(1) A petition must be substantially in the form provided by this chapter. Clerical or technical errors that do not interfere with the ability to judge the sufficiency of signatures on the petition do not render a petition void.
(2) Petition sheets may not exceed 8 1/2 x 14 inches in size. Separate sheets of a petition may be fastened in sections of not more than 25 sheets. Near the top of each sheet containing signature lines must be printed the title of the statute or constitutional amendment proposed or the issue to be referred or a statement that the petition is for the purpose of calling a constitutional convention. If signature lines are printed on both the front and back of a petition sheet, the information required above must appear on both the front and back of the sheet. The complete text of the issue proposed or referred must be attached to or contained within each signature sheet if sheets are circulated separately. The text of the issue must be in the bill form provided in the most recent edition of the bill drafting manual furnished by the legislative services division. If sheets are circulated in sections, the complete text of the issue must be attached to each section.
(3) An internet posting of petition language must include a statement that the petition language and format may not be modified. An internet posting must include an affidavit in substantially the same form as prescribed by the secretary of state pursuant to 13-27-302.
History: En. 37-117 by Sec. 3, Ch. 342, L. 1977; R.C.M. 1947, 37-117(1), (2); amd. Sec. 1, Ch. 400, L. 1979; amd. Sec. 53, Ch. 545, L. 1995; amd. Sec. 2, Ch. 323, L. 2003; amd. Sec. 6, Ch. 481, L. 2007; Sec. 13-27-201, MCA 2021; redes. 13-27-236 by Code Commissioner, 2023; amd. Sec. 26, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-237. Numbering of petitions

13-27-237. Numbering of petitions.
The secretary of state shall serially number all submitted petitions that are approved as to form continuously from year to year. The numbering system shall distinguish the different types of petitions received and include provisions for numbering measures referred to the people by the legislature.
History: En. 37-117 by Sec. 3, Ch. 342, L. 1977; R.C.M. 1947, 37-117(4); Sec. 13-27-203, MCA 2021; redes. 13-27-237 by Code Commissioner, 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-239. Petitions for statutory initiative -- requirements and limitations

13-27-239. Petitions for statutory initiative -- requirements and limitations.
(1) In accordance with Article III, section 4, of the Montana constitution, the text of a statutory initiative may not provide for the appropriation of revenue.
(2) For the purposes of this section, "appropriation" means the authority for a governmental entity to expend money from the state treasury for a specific use or purpose.
History: En. Sec. 1, Ch. 554, L. 2021; Sec. 13-27-211, MCA 2021; redes. 13-27-239 by Code Commissioner, 2023; amd. Sec. 33, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-240. Petition for statutory referendum

13-27-240. Petition for statutory referendum.
(1) The following is substantially the form for a petition calling for approval or rejection of an act of the legislature by statutory referendum:
PETITION TO PLACE REFERENDUM NO.____ON THE ELECTION BALLOT
(a) If 5% of the voters in each of 34 legislative representative districts sign this petition and the total number of voters signing the petition is ____, Senate (House) Bill Number ____ will appear on the next general election ballot. If a majority of voters vote for this referendum at that election it will become law.
(b) We, the undersigned Montana voters, propose that the secretary of state place the following Senate (House) Bill Number ____, passed by the legislature on ____________ on the next general election ballot:
(Title of referendum written in conformity with 13-27-212)
(Yes and no statement written in conformity with 13-27-213)
(c) Voters are urged to read the complete text of the referendum, which appears (on the reverse side of, attached to, etc., as applicable) this sheet. A signature on this petition is only to put the referendum on the ballot and does not necessarily mean the signer agrees with the referendum.
(d)
WARNING
A person who purposefully signs a name other than the person's own to this petition, who signs more than once for the same issue at one election, or signs when not a legally registered Montana voter is subject to a $500 fine, 6 months in jail, or both.
(e) Each person is required to sign the person's name and list the person's address or telephone number in substantially the same manner as on the person's voter registration form or the signature will not be counted.
(2) Numbered lines must follow the heading. Each numbered line must contain spaces for the signature, date, residence address, legislative representative district number, and printed last name and first and middle initials of the signer. In place of a residence address, the signer may provide the signer's post-office address or the signer's home telephone number. An address provided on a petition by the signer that differs from the signer's address as shown on the signer's voter registration form may not be used as the only means to disqualify the signature of that petition signer.
History: En. 37-119 by Sec. 5, Ch. 342, L. 1977; R.C.M. 1947, 37-119; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 3, Ch. 488, L. 1981; amd. Sec. 8, Ch. 537, L. 2001; amd. Sec. 5, Ch. 323, L. 2003; amd. Sec. 9, Ch. 481, L. 2007; amd. Sec. 3, Ch. 372, L. 2011; amd. Sec. 24, Ch. 368, L. 2017; Sec. 13-27-205, MCA 2021; redes. 13-27-240 by Code Commissioner, 2023; amd. Sec. 28, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-243. Circulation of petitions -- limitation

13-27-243. Circulation of petitions -- limitation.
Petitions may not be circulated for the purpose of signature gathering more than 1 year prior to the final date for filing the signed petition with the county election administrator.
History: En. Sec. 15, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-246. Transmission of statewide referendum referred by legislature

13-27-246. Transmission of statewide referendum referred by legislature.
The secretary of state shall transmit to the attorney general a copy of a statewide referendum referred to a vote of the people by the legislature no later than 6 months before the election at which the issue will be voted on by the people.
History: En. Sec. 12, Ch. 481, L. 2007; Sec. 13-27-209, MCA 2021; redes. 13-27-246 by Code Commissioner, 2023; amd. Sec. 31, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 2. Preparation and Submission ofStatewide Ballot Issues › 13-27-250. Question of holding constitutional convention -- form and content

13-27-250. Question of holding constitutional convention -- form and content.
(1) Unless otherwise submitted earlier, the secretary of state shall cause the question of holding an unlimited constitutional convention to be submitted to the people at the general election in 1990. The same question must be submitted at the general election in each 20th year following its last submission, unless otherwise submitted earlier.
(2) The ballot submitting the question to the people must contain the following:
"Article XIV, sections 3 and 4, of the Montana constitution require the question of holding an unlimited constitutional convention to be submitted to the people at the general election in each 20th year following its last submission. If a majority of those voting on the question answer in the affirmative, the legislature shall provide for the calling of a constitutional convention at its next session.
☐ FOR calling a constitutional convention
☐ AGAINST calling a constitutional convention"
History: En. Sec. 1, Ch. 36, L. 1973; R.C.M. 1947, 23-4801; amd. Sec. 3, Ch. 368, L. 2017; Sec. 13-1-121, MCA 2021; redes. 13-27-250 by Sec. 57, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-301. Submission of petition sheets -- withdrawal of signatures

13-27-301. Submission of petition sheets -- withdrawal of signatures.
(1) Signed sheets or sections of petitions with original signatures must be submitted to the official responsible for registration of electors in the county in which the signatures were obtained no sooner than 9 months and no later than 4 weeks before the final date for filing the petition with the secretary of state.
(2) If it is impractical to submit signed sheets or sections of petitions with original signatures by the deadline provided in subsection (1), a copy or facsimile may be submitted to the proper county official by the deadline. Signed sheets or sections of petitions with original signatures must be submitted within 7 calendar days after the deadline. Failure to submit signed sheets or sections of petitions with original signatures within 7 calendar days will invalidate the signed sheets or sections submitted by copy or facsimile.
(3) Signatures may be withdrawn from a petition up to the time of final submission of petition sheets as provided in subsection (1). The secretary of state shall prescribe the form to be used by an elector desiring to have the elector's signature withdrawn from a petition.
History: En. 37-122 by Sec. 8, Ch. 342, L. 1977; R.C.M. 1947, 37-122(1); amd. Sec. 3, Ch. 400, L. 1979; (2)En. Sec. 15, Ch. 298, L. 1987; amd. Sec. 6, Ch. 359, L. 1991; amd. Sec. 8, Ch. 323, L. 2003; amd. Sec. 34, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-302. Certification of signatures

13-27-302. Certification of signatures.
An affidavit, in substantially the following form, must be attached to each sheet or section submitted to the county official:
I, (name of person who is the signature gatherer), swear that I gathered the signatures on the petition to which this affidavit is attached on the stated dates, that I believe the signatures on the petition are genuine, are the signatures of the persons whose names they purport to be, and are the signatures of Montana electors who are registered at the address or have the telephone number following the person's signature, and that the signers knew the contents of the petition before signing the petition.
______________________________________
(Date on which the first signature was gathered)
______________________________________
(Signature of petition signature gatherer)
______________________________________
(Address of petition signature gatherer)
Subscribed and sworn to before me this ___ day of _________, 20__
Seal______________________________________
(Person authorized to take oaths)
______________________________________
(Title or notarial information)
History: En. 37-122 by Sec. 8, Ch. 342, L. 1977; R.C.M. 1947, 37-122(2); amd. Sec. 6, Ch. 488, L. 1981; amd. Sec. 21, Ch. 51, L. 1999; amd. Sec. 12, Ch. 537, L. 2001; amd. Sec. 9, Ch. 323, L. 2003; amd. Sec. 14, Ch. 481, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-303. Verification of signatures by county official -- allocating voters following reapportionment -- duplicate signatures

13-27-303. Verification of signatures by county official -- allocating voters following reapportionment -- duplicate signatures.
(1) Except as required by 13-27-104, within 4 weeks after receiving the sheets or sections of a petition, the county official shall check the names of all signers to verify they are registered electors of the county. In addition, the official shall randomly select signatures on each sheet or section and compare them with the signatures of the electors as they appear in the registration records of the office. If all the randomly selected signatures appear to be genuine, the number of signatures of registered electors on the sheet or section may be certified to the secretary of state without further comparison of signatures. If any of the randomly selected signatures do not appear to be genuine, all signatures on that sheet or section must be compared with the signatures in the registration records of the office.
(2) For the purpose of allocating the signatures of voters among the several legislative representative districts of the state as required to certify a petition for a statutory referendum or a constitutional convention initiative under the provisions of this chapter following the filing of a districting and apportionment plan under 5-1-111 and before the first gubernatorial election following the filing of the plan, the new districts must be used with the number of signatures needed for each legislative representative district being the total votes cast for governor in the last gubernatorial election divided by the number of legislative representative districts.
(3) Upon discovery of fraudulent signatures or duplicate signatures of an elector on any one issue, the election administrator may submit the name of the elector or the signature gatherer, or both, to the county attorney to be investigated under the provisions of 13-27-610 and 13-35-207.
History: En. 37-123 by Sec. 9, Ch. 342, L. 1977; R.C.M. 1947, 37-123(3), (4); amd. Sec. 4, Ch. 400, L. 1979; (2)En. Sec. 1, Ch. 512, L. 1983; amd. Sec. 17, Ch. 298, L. 1987; amd. Sec. 1, Ch. 374, L. 1995; amd. Sec. 10, Ch. 323, L. 2003; amd. Sec. 27, Ch. 368, L. 2017; amd. Sec. 35, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-304. County official to forward verified sheets

13-27-304. County official to forward verified sheets.
The county official verifying the number of registered electors signing the petition shall forward it to the secretary of state by certified mail with a certificate in substantially the following form attached:
To the Honorable ____________, Secretary of State of the state of Montana:
I, ____________, ___________ (title) of the County of __________, certify that I have examined the attached sheets of the petition for (statutory referendum, statutory initiative, constitutional convention initiative, or constitutional initiative) No. ____ in the manner prescribed by law; and I believe that ____ (number) signatures in (Legislative Representative District No. ____ or the County of ____) (repeat for each district or county included in sheet or section) are valid; and I further certify that the affidavit of the signature gatherer of the petition is attached.
Signed:______________ (Date)_______________ (Signature)
Seal_________________________ (Title)
History: En. 37-123 by Sec. 9, Ch. 342, L. 1977; R.C.M. 1947, 37-123(1); amd. Sec. 13, Ch. 537, L. 2001; amd. Sec. 11, Ch. 323, L. 2003; amd. Sec. 28, Ch. 368, L. 2017; amd. Sec. 36, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-305. Retention of copies by county official

13-27-305. Retention of copies by county official.
The county official certifying the sheets or sections of a petition shall keep a copy of the sheets or sections certified in the official files of the official's office. The copies may be destroyed 3 months after the date of the election specified in the petition unless a court action is pending on the sufficiency of the petition.
History: En. 37-123 by Sec. 9, Ch. 342, L. 1977; R.C.M. 1947, 37-123(2); amd. Sec. 86, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-306. Challenge to signatures by elector of county

13-27-306. Challenge to signatures by elector of county.
A registered elector of a county having reason to believe that signatures on a petition that were not among those actually compared with signatures in the registration records of the county are not genuine may file a sworn statement or affirmation of the elector's belief and a request for comparison of those signatures that the elector believes are not genuine with the county official certifying the sheet or section of the petition. If any of the challenged signatures are not genuine, the county official shall compare all signatures on that sheet or section and issue an amended certificate to the secretary of state, giving the correct number of valid signatures, on or before the deadline, as provided for in 13-27-104, for filing in the office of the secretary of state.
History: En. 37-123 by Sec. 9, Ch. 342, L. 1977; R.C.M. 1947, 37-123(5); amd. Sec. 5, Ch. 400, L. 1979; amd. Sec. 87, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-307. Consideration and tabulation of signatures by secretary of state

13-27-307. Consideration and tabulation of signatures by secretary of state.
(1) The secretary of state shall consider and tabulate only the signatures on petitions that are certified by the proper county official. The secretary of state may reject any petition that does not meet statutory requirements. The secretary of state shall return a rejected petition to the proper county official. The county official shall correct the error, when applicable, or send or deliver the rejected petition to the signature gatherer. The secretary of state may consider and tabulate any signature not certified by the county official that is certified by a notary public of the county in which the signer resides to be the genuine signature of an elector legally qualified to sign the petition.
(2) The official certificate of the notary public for any signature not certified as valid by the county official must be in substantially the following form:
State of Montana)
)ss.
County of__________)
I, __________ (name), a qualified and acting notary public in and for the above-named county and state, certify that I am personally acquainted with all of the following-named electors whose signatures are affixed to the attached (petition) (copy of a petition) and I know that they are registered electors of the state of Montana and of the county or legislative district written after their names in the petition and that their post-office addresses are correctly stated in the petition.
(Names of electors)
In testimony whereof, I have set my hand and official seal this____ day of_________, 20__.
_________________________________ (Signature)
Seal_____________________________ (Notarial information)
History: En. 37-124 by Sec. 10, Ch. 342, L. 1977; R.C.M. 1947, 37-124; amd. Sec. 212, Ch. 571, L. 1979; amd. Sec. 22, Ch. 51, L. 1999; amd. Sec. 12, Ch. 323, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-308. Certification of petition to governor

13-27-308. Certification of petition to governor.
When a petition containing a sufficient number of verified signatures has been filed with the secretary of state within the time required by the constitution or by law, the secretary of state shall immediately certify to the governor that the completed petition qualifies for the ballot.
History: En. 37-126 by Sec. 12, Ch. 342, L. 1977; R.C.M. 1947, 37-126(part); amd. Sec. 88, Ch. 56, L. 2009; amd. Sec. 29, Ch. 368, L. 2017; amd. Sec. 37, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-309. Repealed

13-27-309. Repealed.
Sec. 195, Ch. 575, L. 1981.
History: En. 37-126 by Sec. 12, Ch. 342, L. 1977; R.C.M. 1947, 37-126(part).
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-310. Repealed

13-27-310. Repealed.
Sec. 27, Ch. 481, L. 2007.
History: En. 37-127 by Sec. 13, Ch. 342, L. 1977; R.C.M. 1947, 37-127(1), (2); amd. Sec. 6, Ch. 400, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-311. Publication of proposed constitutional initiatives and constitutional referendums

13-27-311. Publication of proposed constitutional initiatives and constitutional referendums.
(1) If a constitutional initiative is submitted to the people, the secretary of state shall have the proposed constitutional initiative published in full twice each month for 2 months prior to the election at which it is to be voted upon by the people in not less than one newspaper of general circulation in each county.
(2) (a) For a proposed constitutional referendum, the secretary of state may arrange for newspaper publication or radio or television broadcast of the constitutional referendum in each county.
(b) The ballot statements reviewed or prepared by the attorney general for the constitutional referendum, as described in 13-27-220, are sufficient for the publication allowed by this subsection (2) and should be made at least twice each month for 2 months prior to the election.
(c) The secretary of state shall select the method of notification that the secretary of state believes is best suited to reach the largest number of potential electors.
History: En. Sec. 12, Ch. 368, L. 1969; amd. Sec. 1, Ch. 38, L. 1973; amd. Sec. 26, Ch. 342, L. 1977; amd. Sec. 6, Ch. 365, L. 1977; R.C.M. 1947, 23-2802; amd. Sec. 213, Ch. 571, L. 1979; amd. Sec. 52, Ch. 297, L. 2009; amd. Sec. 30, Ch. 368, L. 2017; amd. Sec. 38, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-312. Repealed

13-27-312. Repealed.
Sec. 56, Ch. 647, L. 2023.
History: En. 37-127 by Sec. 13, Ch. 342, L. 1977; R.C.M. 1947, 37-127(3); amd. Sec. 7, Ch. 400, L. 1979; amd. Sec. 1, Ch. 336, L. 1981; amd. Sec. 7, Ch. 488, L. 1981; amd. Sec. 10, Ch. 3, L. 1985; amd. Sec. 7, Ch. 359, L. 1991; amd. Sec. 3, Ch. 191, L. 1999; amd. Sec. 1, Ch. 132, L. 2003; amd. Sec. 15, Ch. 481, L. 2007; amd. Sec. 6, Ch. 372, L. 2011; amd. Sec. 6, Ch. 554, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-313. Repealed

13-27-313. Repealed.
Sec. 27, Ch. 481, L. 2007.
History: En. 37-127 by Sec. 13, Ch. 342, L. 1977; R.C.M. 1947, 37-127(4); amd. Sec. 8, Ch. 400, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-314. Repealed

13-27-314. Repealed.
Sec. 19, Ch. 400, L. 1979.
History: En. 37-127 by Sec. 13, Ch. 342, L. 1977; R.C.M. 1947, 37-127(5).
2023 Montana Code Annotated › Title 13. Elections › Chapter 27. Statewide Ballot Issues › Part 3. Processing After Circulation ofPetitions for Signature › 13-27-315. Repealed

13-27-315. Repealed.
Sec. 56, Ch. 647, L. 2023.
History: En. 37-127 by Sec. 13, Ch. 342, L. 1977; R.C.M. 1947, 37-127(6); amd. Sec. 9, Ch. 400, L. 1979; amd. Sec. 2, Ch. 336, L. 1981; amd. Sec. 16, Ch. 481, L. 2007; amd. Sec. 7, Ch. 372, L. 2011.