Bill > LC0378

This bill modifies Montana's legal process for reviewing ballot initiatives by changing the venue for challenging ballot statements or legal sufficiency determinations from the Supreme Court to district courts. Under the revised law, proponents or opponents of a statewide ballot issue can file a complaint in district court within 10 days if they believe the attorney general's ballot statements do not meet legal requirements or if they disagree with the attorney general's determination of legal sufficiency. The bill requires that any such complaint must be served on the secretary of state and the attorney general, who must respond within 5 days. The district court can order revisions to ballot statements, declare petitions void if they do not comply with legal requirements, or require the attorney general to prepare new ballot statements. Importantly, the bill maintains that a statewide ballot issue cannot be invalidated after the secretary of state has certified the ballot, and it preserves the right to challenge constitutional defects in an issue after voter approval. The bill is effective immediately upon passage and applies to statewide ballot issues submitted to the secretary of state on or after its effective date.

https://bills.legmt.gov/#/lc/bill/2/LC0378