The Montana Supreme Court ruled on October 6, 2026, that new laws regulating the initiative process do not violate the state constitution. This decision affects citizens and groups seeking to place initiatives on the ballot in Montana. The court's ruling confirms that certain provisions of Senate Bill 93, which impose new requirements on the initiative process, are constitutional.
The case, Ellingson v. State (Docket No. DA 25-0142), arose when a group of plaintiffs, led by Mae Nan Ellingson, challenged the state’s new laws governing the initiative process. They argued that these laws unconstitutionally restricted the people's power to initiate legislation. The court's decision is significant as it clarifies the balance between legislative authority and the people's right to propose laws directly.
Background
The plaintiffs in this case, including Ellingson and several others, filed a lawsuit against the State of Montana and key officials, including Governor Greg Gianforte and Attorney General Austin Knudsen. They sought to invalidate provisions of Senate Bill 93, which was passed by the Montana Legislature in 2023. The plaintiffs claimed that the bill imposed unconstitutional barriers to the initiative process by introducing new requirements that were not outlined in the Montana Constitution.
Senate Bill 93 included several controversial provisions, such as a $3,700 filing fee for proposed initiatives, a prohibition on resubmitting initiatives that had been defeated within the last four years, and allowing legislative committees to vote on proposed initiatives. The plaintiffs argued that these provisions undermined the citizens' right to direct democracy.
The case began in the First Judicial District Court, where the court granted summary judgment on some of the plaintiffs' claims while denying others. The court ruled that certain provisions of SB 93 were unconstitutional, while upholding others. The state subsequently appealed the decision, leading to the Supreme Court's review.
The Ruling
The Montana Supreme Court, led by Justice Beth Baker, affirmed the lower court's rulings on October 6, 2026. The court addressed multiple issues, including the constitutionality of the provisions in SB 93. The court ruled that the state could impose certain regulations on the initiative process as long as they do not substantially burden the people's right to legislate directly.
"The Legislature may not impose requirements for ballot measures that exceed express conditions set forth in the Montana Constitution," the court stated in its opinion.
The court specifically upheld the $3,700 filing fee and the prohibition on resubmitting initiatives for four years after a similar measure has been defeated. The ruling emphasized that while the initiative process is a right reserved to the people, the Legislature has the authority to enact reasonable regulations to facilitate that process.
Impact
This ruling has significant implications for future ballot initiatives in Montana. By upholding the new requirements, the court has established that the state can impose certain barriers to the initiative process, which could deter some citizens from pursuing initiatives due to the associated costs and procedural hurdles. The ruling also reinforces the idea that while the people have the right to propose legislation, that right can be regulated by the state as long as it does not fundamentally impair the initiative process.
The decision could set a precedent for how future initiative laws are crafted and challenged in Montana. It suggests that the courts may be more willing to uphold legislative regulations that seek to manage the initiative process, provided they do not impose undue burdens on the people's rights.
What's Next
While the Montana Supreme Court's ruling is final, the plaintiffs may consider other legal avenues, such as seeking to amend the state constitution to remove or alter the provisions upheld by the court. Additionally, there may be related cases in the future as citizens and advocacy groups continue to navigate the changing landscape of the initiative process in Montana.