Montana State Ballot Initiatives

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Five statewide ballot measures were certified to appear on the ballot in Montana on November 3, 2020. 

A Podcast Runs Through It would like to give credit to BallotPedia and the Montana Secretary Of State for freely providing much of the material on this page. 

There are two pathways for initiatives and/or referendums to be placed on the Montana ballot, citizen initiatives and legislative referrals. 

Citizen Initiatives

Petitioners are required to file the requisite number of signatures by June 17, 2020, for initiated state statues and initiated constitutional amendments.  The law requires signatures for veto referendums to be submitted by six months after the legislature that passed the targeted bill adjourns.  Citizens are required to file at least 50,936 valid signatures for initiated constitutional amendments and at least 25,468 valid signatures for initiated state statutes and veto referendums.  To qualify a measure for the ballot in Montana, supporters must submit signatures directly to county officials, who are responsible for preliminary verification before passing the petition sheets on to the Secretary Of State.  Thus, the status of some measures can remain unknown for some time after the signature submission deadline.

Legislative Referrals

The Montana Legislature may refer statutes or constitutional amendments to the ballot.  Any member of the legislature can propose a statute or amendment.  A simple majority is required in both chambers of the state legislature to place a legislatively referred state statute on the ballot.  Amendments must be adopted by an affirmative roll call vote of two-thirds of all members of the legislature and approved by state voters.  The governor cannot veto legislatively referred state statutes or stop them from appearing on the ballot.  Constitutional amendments do not require the governor's signature. 

Please note that clicking on the name of each listing will take you to more detailed information on the initiative.

Montana LR-130, Remove Local Government Authority to Regulate Firearms Measure

LR-130 would remove local governments’ power to regulate the carrying of permitted concealed firearms. 

Montana C-46, Initiated Amendment Distribution Requirements Measure

C-46 would not alter currently enforced initiative signature distribution requirements, but would amend constitutional language to match the existing signature distribution requirements for initiated constitutional amendments. 

Montana C-47, Initiated Statute and Referendum Distribution Requirements Amendment

This amendment would not alter currently enforced initiative signature distribution requirements, but would amend constitutional language to match the existing signature distribution requirements for  initiated state statute or a veto referendum.

Montana I-190, Marijuana Legalization Initiative

Initiative 190 would legalize the possession and use of one ounce or less of marijuana or 8 grams or less of marijuana concentrate by persons over the age of 21 in Montana. 

Montana CI-118, the Allow for a Legal Age for Marijuana Amendment 

Montana CI-118 would amend Section 14, Article 2 of the Montana Constitution to allow the legislature or a citizen initiative to establish the legal age of purchasing, consuming, or possessing marijuana, as the legislature did with alcohol.

This measure came about following Gov. Steve Bullock’s veto in 2019 of a similar legislative measure, House Bill 325, that proposed removal of local control over and regulation of permitted concealed carry of firearms.  As the law now stands, local governments have the power to restrict certain citizens from carrying permitted concealed firearms in certain physical locations and under certain conditions, such as in parks, schools, and other public locations or public assemblies. 

For example, this measure would deny a city, town, or county the power to regulate the carrying of  permitted concealed firearms into schools, churches, rallies, fairs, and other gatherings or public spaces.  In addition, there would no longer be local decision making to prevent the mentally ill, felons, and other potentially dangerous people from the freedom to carry concealed firearms.  This measure would effectively allow anyone to carry a permitted concealed weapon anywhere at any time for any reason and local governmental entities would no longer have the power to make policies about any of these issues.

Gun rights activists want to remove any governmental powers to regulate or control the owning or carrying of permitted concealed firearms.  They view any such limitations as a threat to the core right to bear arms even though the Montana Constitution guarantees that right and the current system has been in effect in Montana  for 130 years.

A "yes" vote supports this measure to remove local governments' authority to regulate the carrying of   permitted concealed weapons.  This would permit anyone to carry a concealed firearm anywhere and at any time and local governments would not be able to restrict or control this in any way.

A "no" vote opposes this measure to remove local governments' authority to regulate the carrying of   permitted concealed weapons, thus allowing local governments to continue to regulate permitted concealed weapons within their jurisdictions.

In 2002, two voter-approved constitutional amendments, C-37 and C-38, attempted to change the basis for the ballot initiative distribution requirement in Montana from legislative districts to counties.  C-37 changed the requirement for initiated constitutional amendments to 10% of qualified electors in at least half of Montana's counties, rather than in two-fifths of the legislative districts.  C-38 changed the signature requirement for initiated state statutes to 5% of qualified electors in at least half of Montana's counties, rather than in one-third of the legislative districts.  

However, given population disparities among counties, the amendments were found by a U.S. District Court to be unconstitutional on equal protection grounds in Montana PIRG v. Johnson.  Attorney General Mike McGrath subsequently ruled that the federal court's invalidation of C-37 and C-38 meant that the prior language of the state's constitution about distribution requirements based on legislative districts for citizen initiatives was considered to be fully back in force.  The language from C-37 and C-38 concerning county-based distribution requirements, however, remained in the state constitution.   This 2020 amendment would remove the invalidated language from the state constitution and replace it with language to match the currently enforced signature distribution requirements for initiatives in Montana. 

A "yes" vote supports amending constitutional language to match the existing signature distribution   requirements for initiated state statutes and veto referendums.

A "no" vote opposes amending constitutional language to match the existing signature distribution   requirements for initiated state statutes and veto referendums, thereby   keeping unenforced, county-based signature distribution requirements in the   language of the constitution.

This amendment, along with a similar amendment regarding constitutional initiative petitions, is on the ballot to amend language in the state constitution to match the currently enforced signature distribution requirements.

The signature distribution requirements for initiated state statutes, veto referendums, and initiated constitutional amendments were changed in the state constitution with the passage of two voter-approved constitutional amendments, C-37 and C-38, in 2002. C-37 changed the requirement for initiated constitutional amendments to 10% of qualified electors in at least half of Montana's counties, rather than in two-fifths of the legislative districts. C-38 changed the signature requirement for initiated state statutes to 5% of qualified electors in at least half of Montana's counties, rather than in one-third of the legislative districts.

The amendments were later ruled unconstitutional and the original distribution requirements were re-enforced, but the invalidated language remained in the state constitution. These 2020 amendments would remove the invalidated language from the state constitution and replace it with language to match the currently enforced signature distribution requirements for initiatives in Montana.

Currently enforced signature distribution requirements:

• initiated constitutional amendments: 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts.
• initiated state statutes or veto referendums: 5% of qualified electors in each of one-third (34) of the state's 100 legislative districts.

A "yes" vote supports amending constitutional language to match the existing signature distribution requirements for initiated state statutes and veto referendums.

A "no" vote opposes amending constitutional language to match the existing signature distribution requirements for initiated state statutes and veto referendums, thereby keeping unenforced, county-based signature distribution requirements in the language of the constitution.

Initiative 190 would legalize the possession and use of one ounce or less of marijuana or 8 grams or less of marijuana concentrate by persons over the age of 21 in Montana. It would allow individuals to grow no more than four marijuana plants and four seedlings for personal use in their residence, as long as the plants are within an enclosed area with a lock and beyond public view. Montana residents would be allowed to possess, use, and grow marijuana on January 1, 2021.

The Montana Department of Revenue would be responsible for regulating the cultivation, manufacture, transport, and sale of marijuana in Montana. It would begin accepting marijuana provider and dispensary applications by January 1, 2022.

Marijuana and marijuana-infused products would be taxed at 20% of the retail price. After deducting any administrative costs incurred by the department to enforce the initiative, the tax revenue would be allocated to the general fund, conservation programs, veterans programs, drug addiction treatment programs, local authorities enforcing the initiative, and healthcare workers.

I-190 would authorize local authorities to regulate by ordinances or resolutions marijuana establishment and testing facilities.

Under Initiative 190, persons serving marijuana-related sentences that are no longer crimes under the initiative or have a lesser punishment may request to be resentenced or have the conviction expunged depending on the circumstances.

 A "yes" vote supports legalizing the possession and use of marijuana for adults over the age of 21, imposing a 20% tax on marijuana sales, requiring the Department of Revenue to develop rules to regulate marijuana businesses, and allowing for the resentencing or expungement of marijuana-related crimes. 

A "no" vote opposes this ballot initiative, thus keeping the recreational possession and use of marijuana illegal under state law in Montana.

 Montana CI-118 would amend Section 14, Article 2 of the Montana Constitution to allow the legislature or a citizen initiative to establish the legal age of purchasing, consuming, or possessing marijuana, as the legislature did with alcohol. Currently, the recreational use of marijuana is against state law. The legalization of marijuana for medicinal use was approved by voters in 2004.

A "yes" vote supports amending the Montana Constitution to allow for the legislature or a citizen initiative to establish a minimum legal age for the possession, use, and purchase of marijuana, similar to the regulation of alcohol in the state constitution.

A "no" vote opposes amending the Montana Constitution to allow for the legislature or a citizen initiative to establish minimum legal ages for the possession, use, and purchase of marijuana.