During the last legislative session, while I was doing some legal research, I accidently came across HB 651. This bill (which is now law) overhauled and imposed significant burdens on the Citizens Initiative (CI) process—guaranteed to Montanans by our state constitution, primarily at Article III, sections 4, 6 and 9, but also at Article II, section 14; Article IV, section 7; Article V, section 1; Article VI, section 10; Article XI, sections 7 and 8; and Article XIV, section 2.
Given the importance that the framers placed on giving citizens the right and power to enact laws and constitutional provisions by initiative, I thought at the time that it wouldn’t be long before all or parts of HB 651 hit the litigation fan. And as George Ochenski discusses in his Jan. 23 Independent Record column, I wasn’t far off the mark.
Actually, the constitution is clear and concise: Article III, section 4(1) provides that “The people may enact laws by initiative on all matters except appropriations of money and local or special laws.” Subpart (2) sets out the number of electors that must sign a CI petition and provides that such petitions be filed with the secretary of state at least three months prior to the election on which the measure will be voted upon; and subpart (3) provides that the CI petition shall not be questioned after the election is held. Importantly, there is no provision in this guarantee that permits or requires involvement by the legislature or the attorney general.
