Restoring Constitutional Rights and Regulating Single-Use Plastics in MT

Written By John Meyer

The right to pass ballot initiatives is a fundamental right protected by the Montana Constitution. In 2021, the Montana legislature passed HB 407, a law that prevents residents in any Montana town from passing a local initiative to regulate single-use plastics. Cottonwood challenged the law and prevailed. The district court decided HB 407 violated the Montana Constitution and determined local voters can regulate single use plastics via a local ballot initiative. The Court also determined the Montana Constitution only required 15% of voter signatures before the initiative would be placed on the ballot.

The Gallatin County Election Office and Bozeman City Attorney’s office then decided the signatures from 25% of registered Bozeman voters needed to be collected before the issue would be placed on the November 2024 ballot. After 23.6% percent of registered Bozeman voters signed the ballot petition, Cottonwood filed a lawsuit challenging the determination. The Election Office and Bozeman City Attorney’s office settled the case and put the issue on the Nomber 2024 Bozeman ballot.

Bozeman voters decided to regulate single use plastics by a landslide margin. The new ordinance goes into effect in May, 2025.

This is the first time a ballot initiative has been used to regulate single-use plastics anywhere in the United States.

John Meyer
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