Three ballot measures cross signature threshold to be included in Montana’s November election

Posters for Montanans Securing Reproductive Rights, the group behind CI-128 in 2024. (Photo by Blair Miller, Daily Montanan)

Three ballot initiatives, two that could change the way candidates are selected in primary elections, as well as one to enshrine reproductive rights in the Montana Constitution, crossed an initial threshold, signaling that all three measures will likely be before voters in the 2024 general election in November.

Montanans for Election Reform and Montanans Securing Reproductive Rights both announced Friday that Montana Secretary of State Christi Jacobsen’s official website showed that both groups had collected enough signatures to meet the legal threshold to go before voters.

Montanans for Election Reform proposed and qualified two measures, Constitutional Initiatives 126 and 127. Montanans for Election Reform secured Constitutional Initiative 128.

Montanans Securing Reproductive Rights said it had surpassed the minimum number of signatures needed. It need 60,359 signatures total, and that included a 10%  of voters in 51 House Districts.

MSRR said by 4 p.m. Friday CI-128 had 74,186 verified signatures, according to the Secretary of State’s website.

Meanwhile, Montanans for Election Reform had surpassed the total signature threshold as well as meeting the number of signatures in legislative districts.

Both groups report gathering more valid signatures than required to make it onto the ballot, even with counties still counting.

The news of the measures garnering enough signatures comes after a busy week in which Lewis and Clark District Court Judge Mike Menahan said that the Secretary of State should not be tossing out signatures from “inactive” voters. In his ruling , he said that an attorney for Jacobsen had suddenly — and without notice — determined that “inactive” voters, usually those who have changed addresses since voting, should not be counted.

Menahan issued a temporary restraining order, stopping Jacobsen from acting on that interpretation, and ordered any signatures that had been rejected because of “inactive” voters to be restored.

Inactive voters can become active voters simply by showing up to vote, according to court testimony, and they are considered registered voters.

“We’re excited to have met the valid signature threshold and the House District threshold required to qualify this critical initiative for the ballot,” said Kiersten Iwai, executive director of Forward Montana and spokesperson for MSRR. “Still, we will not stop fighting to ensure that every Montana voter who signed the petition has their signature counted. The Secretary of State and Attorney General have shown no shame in pulling new rules out of thin air, all to thwart the will of Montana voters and serve their own political agendas.”

Jacobsen’s office filed an emergency appeal to the Montana Supreme Court on Thursday, asking the state’s highest court for a writ of supervisory control, which would take the case out of Menahan’s hands, and allow the Supreme Court to decide the measure. The Montana Supreme Court has not made a determination on that appeal.

For now, Menahan’s order remains in effect, and it requires the counties to continue to verify the signatures. During the weekend, the Montana Secretary of State said it will fix the software it changed to invalidate “inactive” signatures.

“Montanans across the state are celebrating the qualification of CI-126 and CI-127 for the ballot this November,” said Frank Garner, Board member for Montanans for Election Reform, the bipartisan coalition working to pass these initiatives. “We know County Clerks and their staff have been working tirelessly to process every single signature of each Montana citizen who wants more freedom, choice, and accountability in our elections, and we thank them for their commitment to the citizen initiative process. Despite recent attempts by the Secretary of State to take away the rights of registered Montana voters, today, the will of Montana citizens prevailed, and we will keep fighting for the right of every Montana voter to have their voice heard.”

On Monday, the Montana counties will receive a list of rejected “inactive” voters and then will have until noon Wednesday to reprocess the signatures. According to a report generated by the office, there are 7,389 registered inactive voter signatures for CI-128.

Montanans for Election Reform report that counties will need to reverify more than 8,700 signatures for CI-126 and CI-127.

CI-126 and CI-127 deal with a new, top-four model for political candidates, and require a successful candidate for office to win with a majority, not a plurality.

CI-128 protects the right to abortion in Montana, even though court decisions have affirmed the right to it, via the state’s right to privacy. It would also prohibit the government from interfering with right the travel for medical services, as well as protect medical professionals’ from government interference. It would protect abortion up until the point of fetal viability.

The three issues that have qualified for the ballot are all opposed by the Montana Republican Party. Jacobsen is a Republican running for re-election herself.

Constitutional Initiative 126

Amends the Montana Constitution to provide a top-four primary election.  All candidates, regardless of political party, appear on one ballot.  The four candidates receiving the most votes advance to the general election.  A candidate may list a political party preference, but a candidate isn’t required to be nominated by a political party.  A candidate’s political party preference isn’t an endorsement by the political party.  The legislature may require candidates gather signatures up to five percent of the votes received by the winning candidate in the last election to appear on the ballot.  All voters may vote for one candidate for each covered office.  The amendment applies to the elections for governor and lieutenant governor, secretary of state, auditor, attorney general, superintendent of public instruction, state representative, state senator, United State representative, and United States Senator.

Constitutional Initiative 127

Amends the Montana Constitution to provide that elections for certain offices must be decided by majority vote as determined as provided by law rather than by a plurality or the largest amount of the votes.  If it cannot be determined who received a majority of votes because two or more candidates are tied, then the winner of the election will be determined as provided by law.  This act applies to elections for governor and lieutenant governor, secretary of state, auditor, attorney general, superintendent of public instruction, state representative, state senator, United States representative, United States Senator, and other offices as provided by law.

Constitutional Initiative 128

A constitutional initiative that would amend the Montana Constitution to expressly provide a right to make and carry out decisions about one’s own pregnancy, including the right to abortion.  It would prohibit the government from denying or burdening the right to abortion before fetal viability.  It would also prohibit the government from denying or burdening access to an abortion when a treating healthcare professional determines it is medically indicated to protect the pregnant patient’s life or health.  The initiative would prevent the government from penalizing patients, healthcare providers, or anyone who assists someone in exercising their right to make and carry out voluntary decisions about their pregnancy.

Source: This information taken from the approved petition language from the Montana Secretary of State’s website.

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