Montana Statutes § 13-27-219 Constitutional convention initiative process and procedureVersion dated Oct. 30, 2024
This is an older version of § 13-27-219 Constitutional convention initiative process and procedure which we archived on October 30, 2024.
Statute Text
(1)
A proponent of a constitutional convention initiative shall submit the text of the proposed constitutional convention initiative to the secretary of state together with draft ballot statements and the filing fee required by [section 4]. The secretary of state shall, without undue delay, forward a copy of the text of the proposed constitutional convention initiative and ballot statements to the legislative services division for review in accordance with [section 10].
(2)
Within 14 days after receiving the proposed constitutional convention initiative from the secretary of state, the legislative services division shall respond in writing to the proponent in accordance with [section 10].
(3)
After the proponent responds to the legislative services division as provided in [section 10], the proponent shall submit the final text of the proposed constitutional convention initiative and ballot statements to the secretary of state. However, if a response to the legislative services division is not required by the proponent pursuant to [section 10], the proponent shall instead submit the final text of the proposed constitutional convention initiative and ballot statements to the secretary of state after the proponent receives the legislative services division's response.
(4)
On receipt of the final text of the proposed constitutional convention initiative and the ballot statements, the secretary of state shall reject the proposed constitutional convention initiative if the text or a ballot statement contains material not submitted to the legislative services division that is a substantive change not recommended by the legislative services division. Otherwise, the secretary of state shall, without undue delay, refer a copy of the proposed constitutional convention initiative and ballot statements concurrently to the budget director and to the attorney general.
(5)
The budget director shall determine whether a fiscal note is necessary, prepare the fiscal note, notify the attorney general of the necessity of the fiscal note, and provide a copy of the fiscal note pursuant to [section 12] within 10 days. Receipt of the notice from the budget director begins the time frame in subsection (6) and the attorney general's review in accordance with [section 11].
(6)
Within 30 days of receipt of the fiscal note determination from the budget director, the attorney general shall complete the requirements set forth in [section 11].
(7)
The secretary of state shall review the legal sufficiency opinion received pursuant to [section 11]. If the attorney general:
(a)
finds that the proposed constitutional convention initiative is not legally sufficient, the secretary of state shall, without undue delay, send written notice to the person who submitted the proposal that the proposed constitutional convention initiative has been rejected. The notice must include a copy of the attorney general's legal sufficiency opinion.
(b)
finds that the proposed constitutional convention initiative is legally sufficient, the secretary of state shall, without undue delay, provide the executive director of the legislative services division a copy of the final text of the proposed constitutional convention initiative and ballot statements in accordance with [section 13]. After the executive director of the legislative services division provides the secretary of state the outcome of the vote as required by [section 13], the secretary of state shall immediately send a sample petition form as provided in [section 14] to the person submitting the proposed constitutional convention initiative.
History
Added by Laws 2023 , Ch. 647 , Sec. 8 , eff. 5/19/2023 .