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Montana Matters


Referendums to consider in the 2012 Montana general election
July 03, 2012
editor@montanaliving.com

Montana's citizenry make up a considerable portion of the laws that Montana voters decide each year.
A citizen-proposed ballot issue can only appear on the 2012 general election ballot once the proposed language has fulfilled three requirements.
The language must be reviewed by Montana’s Legislative Services Division.
The Montana Attorney General must conduct a legal review. After the review process is complete, and the sponsor has been notified by the Secretary of State of the approval or rejection of the ballot issue, the sponsor must collect signatures from qualified voters in Montana.
Important deadlines for ballot issues can be found on the ballot issue calendar.
Initiative or referendum for the ballot - Signatures must be obtained from 5 percent of the total number of qualified voters in Montana, including 5 percent of the voters in each of 34 legislative house districts (a total of 24,337 signatures for the 2012 ballot).
To suspend an act passed by the 2011 legislature, signatures must be obtained from 15 percent of the total number of qualified electors (as defined in Article III, Section 7 of the Montana Constitution) in each of at least 51 legislative representative districts.
Constitutional amendment by initiative - Signatures must be obtained from 10 percent of the total number of qualified voters in Montana, including 10 percent of the voters in each of 40 legislative house districts (a total of 48,674 signatures for the 2012 ballot).
If you observe and have concerns about questionable signature gathering, you may file a complaint with the Secretary of State, who will forward each complaint to the appropriate county official.

Following are the referendums for 2012 Montana general election, and those that were not eligible.

LR-119 ( SB 268 ) (Status current as of 7/3/2012)
Subject: Referendum to require supreme court justices to be elected or appointed from districts with approximately equal populations .
Type: Legislative Referendum
Status: Decertified pursuant to Montana District Court Order dated March 20, 2012.

The following legislative referenda will appear on the November 6, 2012 general election ballot:

LR-120 ( HB 627 ) (Status current as of 7/3/2012)
Subject: Referendum to require parental notification prior to abortion for a minor, providing for judicial waiver of notification, repealing prior statutes, and providing penalties.
Type: Legislative Referendum
Status: Legislature referred HB 627 to the 2012 General Election Ballot.

LR-121 ( HB 638 ) (Status current as of 7/3/2012)
Subject: Referendum to deny certain state services to illegal aliens.
Type: Legislative Referendum
Status: Legislature referred HB 638 to the 2012 General Election Ballot.

LR-122 ( SB 418 ) (Status current as of 7/3/2012)
Subject: Referendum to prohibit the state or federal government from mandating the purchase of health insurance or imposing penalties for decisions related to purchasing health insurance.
Type: Legislative Referendum
Status: Legislature referred SB 418 to the 2012 General Election Ballot.

LR-123 ( SB 426 ) (Status current as of 7/3/2012)
Subject: Referendum to contingently provide taxpayers refunds of surplus state government general fund balance through an income tax credit based upon property and individual income taxes paid.
Type: Legislative Referendum
Status: Decertified pursuant to District Court Order dated June 5, 2012.

Please Note: Ballot issue numbers listed below are assigned by the order in which they were received at the Office of the Montana Secretary of State. They do not reflect a ranking or how the initiative will be numbered if it is placed on the ballot.

The following proposals for ballot initiatives for the November 6, 2012, general election ballot have been submitted to the Secretary of State:

Ballot Issue #1 CI-107 (Status current as of 7/3/2012)
Subject: Amend the Montana Constitution to allow a person accused of a crime to argue to the jury the merits of the law.
Sponsor: Roger Roots
Type: Constitutional amendment by initiative
Received by SOS: March 25, 2011
Status: Petition has been approved for signature gathering beginning not earlier than June 22, 2011.
Next Step: Sponsor may submit signatures to county election offices.
Signatures received and tallied by SOS: 260 of 48,674 total signatures needed; qualified in 0 of 40 legislative districts needed.

Ballot Issue #2 (Status current as of 7/3/2012)
Subject: Amend the Montana Constitution’s due process section to define “person” to include every human being at any stage of development, including fertilization or conception.
Sponsor: Dr. Annie Bukacek
Type: Constitutional amendment by initiative
Received by SOS: May 2, 2011
Status: Withdrawn by Sponsor. Resubmitted as Ballot Issue #6.

Ballot Issue #3 IR-124 (Status current as of 7/3/2012)
Subject: Refer SB 423 to the voters of Montana
Sponsor: John Masterson, Montana Cannabis Industry Association
Type: Initiative Referendum
Received by SOS: May 12, 2011
Status: ON BALLOT
Total signatures received and tallied by SOS (final):
5% qualification to appear on the 2012 ballot: 36,374 of 24,337 total signatures needed; qualified in 72 of 34 legislative districts needed.
15% qualification to appear on the 2012 ballot and to suspend the law: Qualified in 3 of 51 legislative districts (need 15% in each of at least 51 legislative districts).

Ballot Issue #4 IR-125 (Status current as of 7/3/2012)
Subject: Refer HB 198 to the voters of Montana
Sponsor: Kate Ord, Concerned Citizens Montana
Type: Initiative Referendum
Received by SOS: May 18, 2011
Status: Insufficient signatures filed by the deadline.
Total signatures received and tallied by SOS (final):
5% qualification to appear on the 2012 ballot: 8,937 of 24,337 total signatures needed; qualified in 9 of 34 legislative districts needed.
15% qualification to appear on the 2012 ballot and to suspend the law: Qualified in 0 of 51 legislative districts (need 15% in each of at least 51 legislative districts).

Ballot Issue #5 (Status current as of 7/3/2012)
Subject: Secure the rights of adults regarding alcohol and marijuana.
Sponsor: Barb Trego
Type:Constitutional amendment by Initiative
Received by SOS: July 11, 2011
Status: Attorney General determined that the proposed ballot issue was not legally sufficient.
Ballot Issue #6 CI-108 (Status current as of 7/3/2012)
Subject: Amend the Montana Constitution’s due process section to define “person” to include all human beings, at every stage of development, including fertilization and conception.
Sponsor: Dr. Annie Bukacek
Type: Constitutional amendment by Initiative
Received by SOS: July 14, 2011
Status: Petition has been approved for signature gathering as of August 4, 2011.
Next Step: Sponsor may submit signatures to county election offices.
Signatures received and tallied by SOS: 10,116 of 48,674 total signatures needed; qualified in 1 of 40 legislative districts needed.

Ballot Issue #7 CI-109 (Status current as of 7/3/2012)
Subject: Reserve to the people the power to amend or repeal laws passed by initiative.
Sponsor: Michelle Hutsell, Montana Coalition for Rights
Type: Constitutional amendment by initiative
Received by SOS: September 2, 2011
Status: Petition has been approved for signature gathering as of October 18, 2011.
Next Step: Sponsor may submit signatures to county election offices.
Signatures received and tallied by SOS: 603 of 48,674 total signatures needed; qualified in 0 of 40 legislative districts needed.

Ballot Issue #8 CI-110 (Status current as of 7/3/2012)
Subject: Establish a right for adults to marijuana subject to reasonable state law limitations.
Sponsor: Barb Trego
Type: Constitutional amendment by initiative
Received by SOS: October 14, 2011
Status: Petition has been approved for signature gathering as of December 28, 2011.
Next Step: Sponsor may submit signatures to county election offices.
Signatures received and tallied by SOS: 3,792 of 48,674 total signatures needed; qualified in 0 of 40 legislative districts needed.

Ballot Issue #9 (Status current as of 7/3/2012)
Subject: Create a flat-transaction tax.
Sponsor: Toby McAdam
Type: Constitutional amendment by initiative
Received by SOS: October 31, 2011
Status: Reviewed by Legislative Services Division.
Next Step: Sponsor has the opportunity to respond to Legislative Services.

Ballot Issue #10 I-166 (Status current as of 7/3/2012)
Subject: Charge Montana elected and appointed officials, state and federal, with implementing a policy that corporations are not human beings with constitutional rights.
Sponsor: Jonathan Motl
Type: Statutory initiative
Received by SOS: February 28, 2012
Status: Petition has been approved for signature gathering as of April 20, 2012.
Next Step: Sponsor may submit signatures to county election offices.
Signatures received and tallied by SOS: 15,763 of 24,337 total signatures needed; qualified in 31 of 34 legislative districts needed.
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