Article III, Montana Constitution
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Article III of the Montana Constitution is entitled General Government and consists of nine sections.
Section 1
| Text of Section 1:
Separation of Powers The power of the government of this state is divided into three distinct branches--legislative, executive, and judicial. No person or persons charged with the exercise of power properly belonging to one branch shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted.[1] |
Section 2
| Text of Section 2:
Continuity of Government The seat of government shall be in Helena, except during periods of emergency resulting from disasters or enemy attack. The legislature may enact laws to insure the continuity of government during a period of emergency without regard for other provisions of the constitution. They shall be effective only during the period of emergency that affects a particular office or governmental operation.[1] |
Section 3
| Text of Section 3:
Oath of Office Members of the legislature and all executive, ministerial and judicial officers, shall take and subscribe the following oath or affirmation, before they enter upon the duties of their offices: "I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God)." No other oath, declaration, or test shall be required as a qualification for any office or public trust.[1] |
Section 4
| Text of Section 4:
Initiative (1) The people may enact laws by initiative on all matters except appropriations of money and local or special laws. (2) Initiative petitions must contain the full text of the proposed measure, shall be signed by at least five percent of the qualified electors in each of at least one-third of the legislative representative districts and the total number of signers must be at least five percent of the total qualified electors of the state. Petitions shall be filed with the secretary of state at least three months prior to the election at which the measure will be voted upon. (3) The sufficiency of the initiative petition shall not be questioned after the election is held.[1] |
Amendments
- Amended with the approval of Montana C-38, Distribution Requirements for Statutory Initiatives (2002) on November 5, 2002.
The amendment was overturned in Montana PIRG v. Johnson. Then-Attorney General Mike McGrath (Montana) determined that the earlier text, below, should remain fully in force. See: AG Opinion (dead link))
- Amended to match the enforced distribution requirements with the approval of Montana C-47 on November 3, 2020.
| Text of Section 4:
Initiative (1) The people may enact laws by initiative on all matters except appropriations of money and local or special laws. (2) Initiative petitions must contain the full text of the proposed measure, shall be signed by at least five percent of the qualified electors in each of at least one-third of the legislative representative districts and the total number of signers must be at least five percent of the total qualified electors of the state. Petitions shall be filed with the secretary of state at least three months prior to the election at which the measure will be voted upon. (3) The sufficiency of the initiative petition shall not be questioned after the election is held.[1] |
Section 5
| Text of Section 5:
Referendum (1) The people may approve or reject by referendum any act of the legislature except an appropriation of money. A referendum shall be held either upon order by the legislature or upon petition signed by at least five percent of the qualified electors in each of at least one-third of the legislative representative districts. The total number of signers must be at least five percent of the qualified electors of the state. A referendum petition shall be filed with the secretary of state no later than six months after adjournment of the legislature which passed the act. (2) An act referred to the people is in effect until suspended by petitions signed by at least 15 percent of the qualified electors in a majority of the legislative representative districts. If so suspended the act shall become operative only after it is approved at an election, the result of which has been determined and declared as provided by law.[1] |
Section 6
| Text of Section 6:
Elections The people shall vote on initiative and referendum measures at the general election unless the legislature orders a special election.[1] |
Section 7
| Text of Section 7:
Number of Electors (1) The number of qualified electors required in each legislative representative district and in the state shall be determined by the number of votes cast for the office of governor in the preceding general election. (2) For the purposes of a constitutional amendment, the number of qualified electors in each county and in the state shall be determined by the number of votes cast for the office of governor in the preceding general election. (3) For the purposes of a statutory initiative, the number of qualified electors required in each county and in the state shall be determined by the number of votes cast for the office of governor in the preceding general election.[1] |
Amendments
- Amended with the approval of Montana C-37, Distribution Requirements for Constitutional Initiatives (2002) on November 5, 2002.
- Amended with the approval of Montana C-38, Distribution Requirements for Statutory Initiatives (2002) on November 5, 2002.
Section 8
| Text of Section 8:
Prohibition The provisions of this Article do not apply to CONSTITUTIONAL REVISION, Article XIV.[1] |
Section 9
| Text of Section 9:
Gambling All forms of gambling, lotteries, and gift enterprises are prohibited unless authorized by acts of the legislature or by the people through initiative or referendum.[1] |
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- Montana Judicial Branch, "Montana Constitution"
- Montana.gov, "Chapter 21: A People's Constitution (1972)"
- Montana State Legislature, "Highlights from Legislative History"
- Montana Historical Society, "The Blessings of Liberty: Montana's Constitutions"
- Montana Policy Institute, "Home"
- Beartooth NBC, "Big Sky Chronicles: Montana Constitution," (dead link)
- Montana PBS, "For This and Future Generations..."
Additional reading
- Elison, Larry and Fritz Snyder. (2011). The Montana State Constitution, New York, New York: Oxford University Press
- University of Montana's William J. Jameson Law Library, "Documentary History of the Ratification of the Montana Constitution"
Footnotes
| Montana Constitution | |
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 | Montana Constitution • Preamble • Article I • Article II • Article III • Article IV • Article V • Article VI • Article VII • Article VIII • Article IX • Article X • Article XI •Article XII • Article XIII •Article XIV • Schedule |
