Montana Code 13-27-605. Court review of attorney general opinion or approved petitioner statements
13-27-605. Court review of attorney general opinion or approved petitioner statements. (1) If the proponents of a statewide ballot issue believe that the ballot statements approved by the attorney general do not satisfy the requirements of 13-27-212 or 13-27-213 or believe that the attorney general was incorrect in determining that the petition was legally deficient, they may, within 10 days of the attorney general’s determination regarding legal sufficiency provided for in 13-27-226, file an original proceeding in the supreme court challenging the adequacy of the statement or the attorney general’s determination and requesting the court to alter the statement or modify the attorney general’s determination.
Terms Used In Montana Code 13-27-605
- Ballot: means a paper ballot counted manually or a paper ballot counted by a machine, such as an optical scan system or other technology that automatically tabulates votes cast by processing the paper ballots. See Montana Code 13-1-101
- Ballot statements: means a statement of purpose and implication and a yes and no statement. See Montana Code 13-27-110
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- issue: means a proposal submitted to the people at an election for their approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment, recall question, school levy question, bond issue question, or ballot question. See Montana Code 13-1-101
- legally sufficient: means that a petition complies with statutory and constitutional requirements governing submission of the proposed issue to the qualified electors and the substantive legality of the proposed issue if approved by the voters. See Montana Code 13-27-110
- Petition: means a petition for a statewide initiative or a statutory referendum prepared pursuant to the requirements of this chapter. See Montana Code 13-27-110
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Statewide ballot issue: means a statewide initiative or a statewide referendum. See Montana Code 13-27-110
(2)If the opponents of a statewide ballot issue believe that the petitioner ballot statements approved by the attorney general do not satisfy the requirements of 13-27-212 or 13-27-213 or believe that the attorney general was incorrect in determining that the petition was legally sufficient, they may, within 10 days of the date of certification to the governor that the completed petition has been officially filed, file an original proceeding in the supreme court challenging the adequacy of the statement or the attorney general’s determination and requesting the court to alter the statement or overrule the attorney general’s determination concerning the legal sufficiency of the petition. The attorney general shall respond to a complaint within 5 days.
(3)(a) Notice must be served upon the secretary of state and upon the attorney general.
(b)If the proceeding requests modification of ballot statements, an action brought under this section must state how the petitioner’s ballot statements approved by the attorney general do not satisfy the requirements of 13-27-212 or 13-27-213 and must propose alternate ballot statements that satisfy the requirements of 13-27-212 and 13-27-213.
(c)(i) Pursuant to Article IV, section 7(2), of the Montana constitution, an action brought pursuant to this section takes precedence over other cases and matters in the supreme court. The court shall examine the proposed issue and the challenged statement or determination of the attorney general and shall as soon as possible render a decision as to the adequacy of the ballot statements or the correctness of the attorney general’s determination.
(ii)If the court decides that the ballot statements do not meet the requirements of 13-27-212 or 13-27-213, it may order the attorney general to revise the ballot statements within 5 days or certify to the secretary of state ballot statements that the court determines will meet the requirements of 13-27-212 and 13-27-213. A ballot statement revised by the attorney general pursuant to the court’s order or certified by the court must be placed on the petition for circulation and on the official ballot.
(iii)If the court decides that the attorney general’s legal sufficiency determination is incorrect and that a proposed issue does not comply with statutory and constitutional requirements governing submission of the issue to the electors, any petitions supporting the issue are void and the issue may not appear on the ballot. A proponent of the statewide ballot issue may resubmit a revised issue, pursuant to 13-27-214, subject to the deadlines provided in this chapter.
(iv)If the court decides that the attorney general’s legal deficiency determination is incorrect and that a proposed statewide ballot issue complies with statutory and constitutional requirements governing submission of the issue to the electors, the attorney general shall prepare ballot statements that comply with 13-27-212 and 13-27-213 and forward the statements to the secretary of state within 5 days of the court’s decision.
(4)A petition may be circulated by a signature gatherer upon transmission of the sample petition form by the secretary of state pending review under this section. If, upon review, the attorney general or the supreme court revises the petition form or ballot statements, any petitions signed prior to the revision are void.
(5)An original proceeding in the supreme court under this section is the exclusive remedy for a challenge to the petitioner’s ballot statements, as approved by the attorney general, or the attorney general’s legal sufficiency determination. A statewide ballot issue may not be invalidated under this section after the secretary of state has certified the ballot under 13-12-201.
(6)This section does not limit the right to challenge a constitutional defect in the substance of an issue approved by a vote of the people.