2019 Montana Code Annotated
Title 13. Elections
Chapter 27. Ballot Issues
Part 4. Voter Information Pamphlets
13-27-402. Committees to prepare arguments for and against ballot issues
13-27-402. Committees to prepare arguments for and against ballot issues. (1) The arguments advocating approval or rejection of the ballot issue and rebuttal arguments must be submitted to the secretary of state by committees appointed as provided in this section.
(2) (a) The committee advocating approval of a legislative act referred to the people either by the legislature or by referendum petition or advocating approval of a constitutional amendment referred by the legislature must be composed of:
(i) one senator known to favor the referred ballot issue, appointed by the president of the senate;
(ii) one representative known to favor the referred ballot issue, appointed by the speaker of the house of representatives; and
(iii) one individual who need not be a member of the legislature, appointed by the first two members.
(b) The president of the senate or the speaker of the house shall appoint the primary bill sponsor to the committee advocating approval of a legislative act referred to the people by the legislature or to the committee advocating a constitutional amendment referred by the legislature under subsection (2)(a)(i) or (2)(a)(ii), depending on the legislative body in which the bill originated. However, if the primary bill sponsor is unable to perform the duties required by this part due to death, illness, absence, or incapacity or if the primary bill sponsor otherwise declines to participate as a committee member, the president of the senate or the speaker of the house, whichever would have otherwise appointed the primary bill sponsor, shall immediately appoint a replacement pursuant to subsection (2)(a)(i) or (2)(a)(ii) of this section by the deadline established in 13-27-403(1).
(3) (a) The committee advocating rejection of an act referred to the people or of a constitutional amendment proposed by the legislature must be composed of:
(i) one senator appointed by the president of the senate;
(ii) one representative appointed by the speaker of the house of representatives; and
(iii) one individual who need not be a member of the legislature, appointed by the first two members.
(b) Whenever possible, the members must be known to have opposed the issue.
(4) The following must be three-member committees and must be appointed by the person submitting the ballot issue to the secretary of state under the provisions of 13-27-202:
(a) the committee advocating approval of a ballot issue proposed by any type of initiative petition; and
(b) the committee advocating rejection of any legislative act referred to the people by referendum petition.
(5) A committee advocating rejection of a ballot issue proposed by any type of initiative petition must be composed of five members. The governor, attorney general, president of the senate, and speaker of the house of representatives shall each appoint one member, and the fifth member must be appointed by the first four members. If possible, members must be known to favor rejection of the issue.
(6) A person may not be required to serve on any committee under this section, and except for legislative appointments made by the president of the senate or by the speaker of the house of representatives, the person making an appointment must have written acceptance of appointment from the appointee. If an appointment is not made by the required time, the committee members that have been appointed may fill the vacancy by unanimous written consent up until the deadline for filing the arguments.
History: En. 37-128 by Sec. 14, Ch. 342, L. 1977; R.C.M. 1947, 37-128(2); amd. Sec. 214, Ch. 571, L. 1979; amd. Sec. 1, Ch. 549, L. 1983; amd. Sec. 18, Ch. 298, L. 1987; amd. Sec. 1, Ch. 47, L. 1997; amd. Sec. 1, Ch. 374, L. 1999; amd. Sec. 19, Ch. 481, L. 2007; amd. Sec. 1, Ch. 237, L. 2019.
