Defending the Montana Constitution

Cottonwood has won the first part of a lawsuit challenging the constitutionality of SB 93, a law passed by the 2023 Montana legislature that places unlawful restrictions on Montanans’ right to propose ballot and referendum initiatives. The challenged law provides the Montana Attorney General with the power to unilaterally decide the constitutionality of a proposed ballot initiative and prevent a ballot measure from moving forward—a duty reserved for the courts. Cottonwood won a similar ballot lawsuit in the Montana Supreme Court in 2022 that allowed us to collect signatures for an initiative that would protect sections of the Madison and Gallatin Rivers from water pollution. After winning in Court, we ran out of time and money to collect signatures to get the measure on the ballot. The Montana legislature responded with even more unconstitutional restrictions in the 2023 session. Now we’re back in court to protect the Montana Constitution, and our rivers.

Cottonwood is representing a diverse and bipartisan group of Montanans, including three Constitutional Convention delegates, a former Montana Secretary of State, a Speaker of the House, a Commissioner of the Office of Political Practices, a historian of the Montana Constitution, and other citizens.

Join Cottonwood on the front lines of safeguarding our Constitutional rights. Become a member or donate.

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Defending Stream Access & Clean Water