How Does the Constitution Change?

How does the Montana Constitution change?

It’s no secret that some factions in Montana’s political landscape are looking to make big changes to the Montana Constitution. MEIC is very concerned about the implications of potential changes – in particular for their potential to change or alter fundamental constitutional rights. There are a few ways that Montana’s guiding document could be amended or wholly replaced:

Constitutional Amendment by Citizen Initiative

A petition signed by at least 10% of qualified electors (Montana citizens who are registered to vote) – including 10% of qualified electors in each of at least half of Montana counties will place the proposed constitutional amendment on the ballot for voter approval.

Legislative Referendum on Constitutional Amendments

A legislator can propose an amendment to the Constitution. The proposed amendment must be adopted by two-thirds of all legislators and subsequently referred to Montana voters and passed by a majority of state voters.

Constitutional Convention

The Montana Constitution provides for three ways a constitutional convention can be called: 1) Two-thirds of Montana legislators can vote in favor of holding a convention. Before a convention is held, it must also be approved by a majority of Montana voters, 2) a convention can be called by a majority of Montana voters using the initiative process. In order to be placed on the ballot, the initiative must first have signatures from at least 10% of qualified electors in the state, including at least 10% of the qualified electors in each of two-fifths of the legislative districts, or 3) the question of whether to hold a convention automatically lands on the ballot every 20 years if it has not appeared so in the previous 20 years (the last time this happened was in 2010). If a convention is held, any proposed amendments must ultimately be ratified by a majority of voters.