A ballot proposal aimed at simplifying the ballot initiative process is now tied up in court.
Attorney General Austin Knudsen blocked the proposal for being legally insufficient, saying it contains too many concepts. Ballot proposals are required to ask only one question of voters at a time.
The group behind the initiative, Montanans Decide, says Knudsen erred in his analysis, and is asking the Montana Supreme Court to overturn the block.
SK Rossi with the group says there’s irony in that lawsuit. The initiative aims to limit hurdles for citizen ballot proposals, like the attorney general’s authority to block them, among other regulations.
“It makes these campaigns, it makes these efforts incredibly difficult.”
If passed, the proposal would amend the Montana Constitution to guarantee the citizen initiative process is free from “unjustified interference by the government.”
Rossi says it's hard to know how Montana courts would interpret the amendment and whether it would affect the attorney general’s authority. But the ultimate goal is to limit roadblocks.
The bill granting the attorney general the power to block proposals passed in 2021. It also allows legislative committees to weigh in.
The policy has since resulted in many lawsuits where ballot initiative backers challenge Knudsen’s power in court. The Montana Supreme Court has overruled the attorney general in most cases.
The description of the proposed initiative from the secretary of state's website:
Subject: The Montana constitution reserves to the people the powers of initiative and referendum. This act amends the constitution to protect this fundamental right from unjustified interference by the government. Specifically, this act requires impartial, predictable, open, and timely processes for ballot issues, including approving petitions and ballot statements, resolving legal challenges, and verifying signatures. It requires the state to allow ample time for signature gathering, prohibits disqualification of petitions because of minor or technical issues, and allows voters to withdraw their signatures if they so choose.
