Constitutional Initiative 133: Right to Initiative and Referendum

The question on the ballot

CONSTITUTIONAL INITIATIVE NO. 133. A CONSTITUTIONAL AMENDMENT PROPOSED BY INITIATIVE PETITION. The Montana constitution reserves to the people the powers of initiative and referendum. CI-133 amends the constitution to secure this fundamental right from interference by the government. Specifically, CI-133 requires impartial, predictable, open, and timely processes for ballot issues. Petitions and ballot statements must be approved within 90 days of the initial submission, and legal challenges to ballot qualification must be resolved before the deadline for finalizing ballots. CI-133 requires the state to allow ample time for signature gathering, prohibits disqualification of petitions because of minor or technical issues, allows voters to withdraw their signatures if they so choose, and prohibits the use of government resources to support or oppose a ballot measure. [ ] YES on Constitutional Amendment CI-133 [ ] NO on Constitutional Amendment CI-133[1]

The measure adds a new Section 37 to Article II (Declaration of Rights): the people have a fundamental right to exercise initiative and referendum powers, which government may not deny or burden unless justified by a compelling interest achieved by the least restrictive means. The right includes, among other things, approval of petitions within 90 days of submission, “reasonably ample time” to gather signatures, verification without invalidating a petition for a “technical or minor deficiency,” the ability to withdraw a signature until the submission deadline, and resolution of legal challenges before ballots are finalized. It is self-executing and effective on approval.[1][2]