Montana, USA, regional Obligatory referendum [LOR] - Amendment by legislative referendum; Ratification of revisions, alterations, or amendments proposed by constitutional convention

General Typology

Instrument
Obligatory referendum [LOR]
Location
Montana, USA
Political level
regional
Local Name:
Amendment by legislative referendum; Ratification of revisions, alterations, or amendments proposed by constitutional convention
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Montana Constitution, Article XIV
Section 7
The convention shall meet after the election of the delegates and prepare such revisions, alterations, or amendments to the constitution as may be deemed necessary. They shall be submitted to the qualified electors for ratification or rejection as a whole or in separate articles or amendments as determined by the convention at an election appointed by the convention for that purpose not less than two months after adjournment. Unless so submitted and approved by a majority of the electors voting thereon, no such revision, alteration, or amendment shall take effect.

Section 8
Amendments to this constitution may be proposed by any member of the legislature. If adopted by an affirmative roll call vote of two-thirds of all the members thereof, whether one or more bodies, the proposed amendment shall be submitted to the qualified electors at the next general election. If approved by a majority of the electors voting thereon, the amendment shall become a part of this constitution on the first day of July after certification of the election returns unless the amendment provides otherwise.

Source: The Constitution of the State of Montana (Montana Code Annotated) (accessed 10 Juli 2017)

Subject Matter:

Amending the state constitution via legislative or constitutional conventional proposal

Actors

Author:
Legislature or Constitutional Convention : Requires 2/3 majority in the entire legislature when proposed by the legislature
Initiator:
Law : Constitution
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention approval quorum
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

If proposed by the legislature, the amendment must be placed on the ballot in the next general or special election. When proposed by a constitutional convention, any revisions must be submitted at a special election at least 2 months after ajdournment of the convention (Montana Constitution, Article XIV, Section 7 & 8).

Procedural Elements

Wording Of Ballot Question:

Montana Constitution, Article XIV
Section 7
[When proposed by a constitutional convention, revisions, alterations, or amendments] shall be submitted to the qualified electors for ratification or rejection as a whole or in separate articles or amendments as determined by the convention [...]

Section 11
If more than one amendment is submitted at the same election, each shall be so prepared and distinguished that it can be voted upon separately.

Montana Code Annotated (accessed 10 Juli 2017)

13-27-312
[...]
(5) Unless altered by the court under 13-27-316, the statement of purpose and implication is the petition title for the issue circulated by the petition and the ballot title if the issue is placed on the ballot.
(6) The yes and no statements must be written so that a positive vote indicates support for the issue and a negative vote indicates opposition to the issue [...]

Interaction With Authorities:

Montana Constitution, Article IV, Section 7
[...]
(3) If the election on an initiative or referendum properly qualifying for the ballot is declared invalid because the election was improperly conducted, the secretary of state shall submit the issue to the qualified electors at the next regularly scheduled statewide election unless the legislature orders a special election.

Montana Code Annotated (accessed 10 Juli 2017)

13-27-209
The secretary of state shall transmit a copy of an act referred to the people or a constitutional amendment proposed by the legislature to the attorney general no later than 6 months before the election at which the issue will be voted on by the people.

13-27-312
[...]
(2) The attorney general shall, in reviewing the ballot statements, endeavor to seek out parties on both sides of the issue and obtain their advice. The attorney general shall review the ballot statements to determine if they contain the following matters:
(a) a statement of purpose and implication, not to exceed 135 words, explaining the purpose and implication of the issue; and
(b) yes and no statements in the form prescribed in subsection (6)
(3) If the proposed ballot issue has an effect on the revenue, expenditures, or fiscal liability of the state, the attorney general shall order a fiscal note [...] If the fiscal note indicates a fiscal impact, the attorney general shall prepare a fiscal statement of no more than 50 words, and the statement must be used on the petition and ballot if the issue is placed on the ballot.
(4) The ballot statements must express the true and impartial explanation of the proposed ballot issue in plain, easily understood language and may not be arguments or written so as to create prejudice for or against the issue.
[...]
(7) The attorney general shall review the proposed ballot issue for legal sufficiency. [...]

13-27-315
Upon receipt of a ballot issue referred by the legislature from the secretary of state pursuant to 13-27-209, the attorney general shall prepare and forward to the secretary of state, within 30 days, ballot statements as provided in 13-27-312, except that the attorney general may not prepare a statement of purpose and implication of a vote for or against a ballot issue if the statement has been provided by the legislature.

Supervision And Support:

13-27-401
(1) The secretary of state shall prepare for printing a voter information pamphlet containing information relevant to the election, including but not limited to the following information for each ballot issue to be voted on at an election, as applicable:
(a) ballot title, fiscal statement if applicable, and complete text of the issue;
(b) the form in which the issue will appear on the ballot;
(c) arguments advocating approval and rejection of the issue; and
(d) rebuttal arguments.
[...]

13-27-402
(1) The arguments advocating approval or rejection of the ballot issue and rebuttal arguments must be submitted to the secretary of state by committees appointed as provided in this section.
(2) The committee advocating approval of a legislative act referred to the people either by the legislature or by referendum petition or advocating approval of a constitutional amendment referred by the legislature must be composed of:
(a) one senator known to favor the referred ballot issue, appointed by the president of the senate;
(b) one representative known to favor the referred ballot issue, appointed by the speaker of the house of representatives; and
(c) one individual who need not be a member of the legislature, appointed by the first two members.
(3) (a) The committee advocating rejection of an act referred to the people or of a constitutional amendment proposed by the legislature must be composed of:
(i) one senator appointed by the president of the senate;
(ii) one representative appointed by the speaker of the house of representatives; and
(iii) one individual who need not be a member of the legislature, appointed by the first two members.
(b) Whenever possible, the members must be known to have opposed the issue.
[...]

13-27-410
[...](3) The department of administration shall call for bids and contract with the lowest bidder for the printing and delivery of the voter information pamphlet. The contract must require completion of printing and shipment, as specified on the delivery list, of the voter information pamphlets by not later than 45 days before the election at which the ballot issues will be voted on by the people.
(4) The county official responsible for voter registration in each county shall mail one copy of the voter information pamphlet to each registered voter in the county who is on the active voter list [...]

Transparency And Finance:

Practice

Archive:
Remarks:

Many of the rules that apply to amendments proposed by the legislature do not apply to amendments proposed by constitutional conventions unless it is explicitly stated that they do.