Defending the Montana Constitution
Cottonwood is in the Montana Supreme Court defending a district court decision we won in 2023 that determined SB 93 unlawfully infringes upon all Montanans’ constitutional right to propose ballot initiatives. The district court ruled SB 93 was unconstitutional for four reasons. First the 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. Second, the Court ruled Montanans do not have to pay $3700 to propose and file a ballot initiative. Montana legislators do not have to pay $3700 to introduce bills during legislative sessions and there is no reason why citizens should have to pay that much to introduce their own laws. Third, the district court determined SB 93 unconstitutionally prohibits citizens from proposing ballot issues that were on the ballot but did not pass within the last four years. Montana legislators are not prohibited from re-introducing bills that were not passed in the previous session. Finally, the district court determined legislative committees cannot vote on whether they would pass the initiative and place the vote tally on the face of the ballot.
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.
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