Constitutional Initiative No. 133: Initiative and Referendum Process

Missoula County, Montana · November 3, 2026

Adds deadlines and protections for citizen initiatives and referendums to the Montana Constitution and bars using government resources to support or oppose ballot measures.

Full ballot text

The Montana constitution reserves to the people the powers of initiative and referendum. CI-133 amends the constitution to secure this fundamental right from interference by the government. Specifically, CI-133 requires impartial, predictable, open, and timely processes for ballot issues. Petitions and ballot statements must be approved within 90 days of the initial submission, and legal challenges to ballot qualification must be resolved before the deadline for finalizing ballots. CI-133 requires the state to allow ample time for signature gathering, prohibits disqualification of petitions because of minor or technical issues, allows voters to withdraw their signatures if they so choose, and prohibits the use of government resources to support or oppose a ballot measure.

What it does

Montanans can propose laws and constitutional amendments by petition, under procedures in state law: state officials review petitions and ballot statements, and courts hear challenges. CI-133 would put deadlines and protections for that process into the constitution, including 90 days to approve petitions and ballot statements, court challenges settled before ballots are finalized, no disqualifying petitions over minor technical issues, the right to withdraw a signature, and a ban on using government resources to support or oppose a ballot measure. A no vote leaves those procedures to state law.

How it lines up with you

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Dossier

Researched 2026-09-23 · Claude Code research agent with web search

A yes vote adds a "fundamental right" to initiative and referendum to Montana's Declaration of Rights, with deadlines for approving petitions and settling court challenges, no disqualification of signatures for minor defects, and no government resources for or against ballot measures; a no vote keeps the current process set by statute, including attorney general review. Montanans Decide, funded mostly by three 501(c)(4) nonprofits, supports it; Attorney General Austin Knudsen found it legally insufficient before the Montana Supreme Court overruled him, and Rep. Braxton Mitchell (R) warns of "endless litigation," but no opposition committee was found.

For

Montanans Decide (ballot committee) source
Claudia Clifford and Theresa Kendrick (sponsors) source
SK Rossi, Montanans Decide spokesperson source

Against

Rep. Braxton Mitchell (R-Columbia Falls) source
Attorney General Austin Knudsen (argued it was legally insufficient; overruled by the Montana Supreme Court) source

What it does

Yes adds Section 37 to the Declaration of Rights, making initiative and referendum a "fundamental right" government may not burden without "a compelling government interest achieved by the least restrictive means" (official text). Officials could alter proposed ballot statements only if not "true and impartial"; review, court challenges and petition approval must finish within 90 days; signatures could not be rejected for "a technical or minor deficiency"; qualification challenges must end before ballots are finalized; and government resources could not support or oppose measures (text). No keeps current statutes, under which the attorney general reviews legal sufficiency and can rewrite ballot language (State Court Report analysis, Feb. 2026).

Why it's on the ballot

Montanans Decide's sponsors filed it Oct. 3, 2025 (Secretary of State), citing "political maneuvers" and "attacks" on the process (Montana Free Press news, June 2026). Attorney General Austin Knudsen ruled it two amendments in one; the Supreme Court reversed 5-2 and struck his fiscal statement (Daily Montanan, Mar. 2026). It was certified Aug. 17, 2026 (Secretary of State).

Who supports it and why

Montanans Decide spokesperson SK Rossi says the process has become "cumbersome," with "short" signature timelines (Ballotpedia News, Aug. 2026), and called the ruling "a refusal to allow political interference" (Daily Montanan).

Who opposes it and why

Rep. Braxton Mitchell (R-Columbia Falls): "I think we're opening the door to endless litigation" (Montana Free Press). Dissenting, Chief Justice Cory Swanson said its deadlines limit opponents' access to court (Daily Montanan). We found no opposition committee.

Money

Over $2 million raised (Ballotpedia News); through late May, over 99% came from three 501(c)(4) nonprofits that need not disclose donors, led by The Fairness Project at $847,500 (Montana Free Press). No opposition spending found; state filings weren't directly readable (Political Practices site).

What to watch

"Technical or minor deficiency" is undefined (text), which is Mitchell's concern (Montana Free Press). Signers can already withdraw until the June petition deadline (official calendar); CI-133 would make that constitutional. The ballot carries no fiscal statement (text).

What we couldn't find

Official pamphlet arguments are not yet posted (Secretary of State). We found no cost estimate or organized opposition campaign.

Sources (9)