Mont. Code Ann. » TITLE 13. ELECTIONS · CHAPTER 27. STATEWIDE BALLOT ISSUES · Part 2. Preparation and Submission ofStatewide Ballot Issues
Montana Code Annotated

Mont. Code Ann. § 13-27-202 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 13
  3. CHAPTER 27
  4. Part 2
  5. 13-27-202 Repealed

TITLE 13. ELECTIONS

CHAPTER 27. STATEWIDE BALLOT ISSUES

Part 2. Preparation and Submission ofStatewide Ballot Issues

Repealed

13-27-202. Repealed. Sec. 56, Ch. 647, L. 2023.

History: En. 37-117 by Sec. 3, Ch. 342, L. 1977; R.C.M. 1947, 37-117(3); amd. Sec. 2, Ch. 400, L. 1979; amd. Sec. 1, Ch. 488, L. 1981; amd. Sec. 1, Ch. 4, L. 1983; amd. Sec. 5, Ch. 359, L. 1991; amd. Sec. 54, Ch. 545, L. 1995; amd. Sec. 51, Ch. 42, L. 1997; amd. Sec. 1, Ch. 191, L. 1999; amd. Sec. 6, Ch. 537, L. 2001; amd. Sec. 3, Ch. 323, L. 2003; amd. Sec. 7, Ch. 481, L. 2007; amd. Sec. 1, Ch. 372, L. 2011; amd. Sec. 4, Ch. 554, L. 2021.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1986–2022 · leading case: Montana Consum. Fin. Ass'n v. State Ex Rel. Bullock, 2010 MT 185, 238 P.3d 765.
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Montana Consum. Fin. Ass'n v. State Ex Rel. Bullock, 2010 MT 185, 238 P.3d 765. · cites it 20× “Sections 13-27-202 and -312, MCA. ¶25 The statement of purpose represents only a summary of the proposed initiative.”
State Ex Rel. Boese v. Waltermire, 730 P.2d 375 (Mont. 1986). · cites it 15× “Last, under paragraph 4 of § 13-27-202, MCA, the Secretary of State makes a final decision on approval or rejection of the form of the petition.”
Montanans Opposed to I-166 v. State, 2012 MT 168, 285 P.3d 435. · cites it 5× “Upon notification by the Attorney General the Secretary of State notified the proponents of I-166 that they could begin gathering signatures, as provided in § 13-27-202. MCA. ¶5 The current petitioners, opponents of I-166, contend that the ballot statements do not comply with…”
Montanans for Equal Application of Initiative Laws v. State Ex Rel. Johnson, 2007 MT 75, 154 P.3d 1202. · cites it 12× “Section 13-27-202(3), MCA. The Secretary of State makes the final decision as to the approval or rejection of the petition.”
State Ex Rel. Montana Citizens for the Pres. of Citizens' Rights v. Waltermire, 729 P.2d 1283 (Mont. 1986). · cites it 5× “It was the evident thought of the Legislature, in enacting § 13-27-202, MCA, requiring the submission of a sample of the proposed measure and of Statements of Purpose and Statements of Implication to the Legislative Council, the Secretary of State, and the Attorney General…”
Not in Montana: Citizens Against CI-97 v. State Ex Rel. McGrath, 2006 MT 278, 147 P.3d 174. · cites it 4× “ORDER ¶1 “Stop Over Spending Montana” (Proponents) and the State of Montana (State), acting through the Attorney General and the Secretary of State, appeal separately from the judgment and order of the First Judicial District Court, Lewis & Clark County, overruling the Attorney…”
Citizens Right to Recall v. State Ex Rel. McGrath, 2006 MT 192, 142 P.3d 764. · cites it 10× “…may amend our constitution. See §§ 13-27-101 to -316, MCA. The process involves the legislative services division, § 13-27-202 (1)(a), MCA, the Secretary of State, § 13-27-202(3), (4), (6), Montana voters, § 13-27-202(6), the Attorney General, § 13-27-312, MCA, and, if…”
J. Meyer v. Knudsen, 2022 MT 109. · cites it 10× “Section 13-27-202(1), MCA. Staff at the Legislative Services Division will review the text for clarity and for conformity with bill drafting requirements and sections of law governing the form of initiatives.”
Cottonwood Env't v. Knudsen, 2022 MT 49. · cites it 16× “Section 13-27-202(1), MCA. Staff at the Legislative Services Division will review the text for clarity and for conformity with bill drafting requirements and sections of law governing the form of initiatives.”
Hoffman Smylie & Abbott v. State, 2014 MT 90, 328 P.3d 604. · cites it 2× “¶3 The Secretary of State submitted the proposed ballot measure to the Attorney General pursuant to § 13-27-202, MCA, for review and preparation of ballot statements in accordance with § 13-27-312, MCA.”
Montanans Against Tax Hikes v. State, 2018 MT 201, 423 P.3d 1078. · cites it 3× “Section 13-27-202(4), MCA. ¶3 An original proceeding in this Court is the exclusive remedy for a challenge to the ballot statements approved by the Attorney General.”
Montana Consum. Fin. v. State, No. 10-0371 (Mont. Aug. 17, 2010). · cites it 9× “Sections 13-27-202 and -312, MCA. ¶25 The statement of purpose represents only a summary of the proposed initiative.”
Show all 15 citing cases →
Mont. Code Ann. § 13-27-202(1): 7 cases
Montana Consum. Fin. Ass'n v. State Ex Rel. Bullock, 2010 MT 185, 238 P.3d 765. “Sections 13-27-202 and -312, MCA. ¶25 The statement of purpose represents only a summary of the proposed initiative.”
Citizens Right to Recall v. State Ex Rel. McGrath, 2006 MT 192, 142 P.3d 764. “…may amend our constitution. See §§ 13-27-101 to -316, MCA. The process involves the legislative services division, § 13-27-202 (1)(a), MCA, the Secretary of State, § 13-27-202(3), (4), (6), Montana voters, § 13-27-202(6), the Attorney General, § 13-27-312, MCA, and, if…”
J. Meyer v. Knudsen, 2022 MT 109. “Section 13-27-202(1), MCA. Staff at the Legislative Services Division will review the text for clarity and for conformity with bill drafting requirements and sections of law governing the form of initiatives.”
Cottonwood Env't v. Knudsen, 2022 MT 49. “Section 13-27-202(1), MCA. Staff at the Legislative Services Division will review the text for clarity and for conformity with bill drafting requirements and sections of law governing the form of initiatives.”
Montana Consum. Fin. v. State, No. 10-0371 (Mont. Aug. 17, 2010). “Sections 13-27-202 and -312, MCA. ¶25 The statement of purpose represents only a summary of the proposed initiative.”
Mont. Code Ann. § 13-27-202(2): 2 cases
J. Meyer v. Knudsen, 2022 MT 109. “Section 13-27-202(1), MCA. Staff at the Legislative Services Division will review the text for clarity and for conformity with bill drafting requirements and sections of law governing the form of initiatives.”
Cottonwood Env't v. Knudsen, 2022 MT 49. “Section 13-27-202(1), MCA. Staff at the Legislative Services Division will review the text for clarity and for conformity with bill drafting requirements and sections of law governing the form of initiatives.”
Mont. Code Ann. § 13-27-202(2)(a): 1 case
Pierce v. Jacobsen, No. 6:18-cv-00063 (D. Mont. Dec. 4, 2020).
Mont. Code Ann. § 13-27-202(2)(b): 5 cases
Montana Consum. Fin. Ass'n v. State Ex Rel. Bullock, 2010 MT 185, 238 P.3d 765. “Sections 13-27-202 and -312, MCA. ¶25 The statement of purpose represents only a summary of the proposed initiative.”
Cottonwood Env't v. Knudsen, 2022 MT 49. “Section 13-27-202(1), MCA. Staff at the Legislative Services Division will review the text for clarity and for conformity with bill drafting requirements and sections of law governing the form of initiatives.”
Montana Consum. Fin. v. State, No. 10-0371 (Mont. Aug. 17, 2010). “Sections 13-27-202 and -312, MCA. ¶25 The statement of purpose represents only a summary of the proposed initiative.”
Bernard Harrington v. State, 2010 MT 185.
Bernard Harrington v. State, No. 10-0366 (Mont. Aug. 17, 2010).
Mont. Code Ann. § 13-27-202(3): 4 cases
State Ex Rel. Boese v. Waltermire, 730 P.2d 375 (Mont. 1986). “Last, under paragraph 4 of § 13-27-202, MCA, the Secretary of State makes a final decision on approval or rejection of the form of the petition.”
Not in Montana: Citizens Against CI-97 v. State Ex Rel. McGrath, 2006 MT 278, 147 P.3d 174. “ORDER ¶1 “Stop Over Spending Montana” (Proponents) and the State of Montana (State), acting through the Attorney General and the Secretary of State, appeal separately from the judgment and order of the First Judicial District Court, Lewis & Clark County, overruling the Attorney…”
Montanans for Equal Application of Initiative Laws v. State Ex Rel. Johnson, 2007 MT 75, 154 P.3d 1202. “Section 13-27-202(3), MCA. The Secretary of State makes the final decision as to the approval or rejection of the petition.”
Citizens Right to Recall v. State Ex Rel. McGrath, 2006 MT 192, 142 P.3d 764. “…may amend our constitution. See §§ 13-27-101 to -316, MCA. The process involves the legislative services division, § 13-27-202 (1)(a), MCA, the Secretary of State, § 13-27-202(3), (4), (6), Montana voters, § 13-27-202(6), the Attorney General, § 13-27-312, MCA, and, if…”
Mont. Code Ann. § 13-27-202(4): 7 cases
Montana Consum. Fin. Ass'n v. State Ex Rel. Bullock, 2010 MT 185, 238 P.3d 765. “Sections 13-27-202 and -312, MCA. ¶25 The statement of purpose represents only a summary of the proposed initiative.”
Cottonwood Env't v. Knudsen, 2022 MT 49. “Section 13-27-202(1), MCA. Staff at the Legislative Services Division will review the text for clarity and for conformity with bill drafting requirements and sections of law governing the form of initiatives.”
J. Meyer v. Knudsen, 2022 MT 109. “Section 13-27-202(1), MCA. Staff at the Legislative Services Division will review the text for clarity and for conformity with bill drafting requirements and sections of law governing the form of initiatives.”
Montanans Against Tax Hikes v. State, 2018 MT 201, 423 P.3d 1078. “Section 13-27-202(4), MCA. ¶3 An original proceeding in this Court is the exclusive remedy for a challenge to the ballot statements approved by the Attorney General.”
Montana Consum. Fin. v. State, No. 10-0371 (Mont. Aug. 17, 2010). “Sections 13-27-202 and -312, MCA. ¶25 The statement of purpose represents only a summary of the proposed initiative.”
Mont. Code Ann. § 13-27-202(4)(a): 1 case
Montanans for Equal Application of Initiative Laws v. State Ex Rel. Johnson, 2007 MT 75, 154 P.3d 1202. “Section 13-27-202(3), MCA. The Secretary of State makes the final decision as to the approval or rejection of the petition.”
Mont. Code Ann. § 13-27-202(5)(b): 1 case
Pierce v. Jacobsen, No. 6:18-cv-00063 (D. Mont. Dec. 4, 2020).
Mont. Code Ann. § 13-27-202(6): 1 case
Citizens Right to Recall v. State Ex Rel. McGrath, 2006 MT 192, 142 P.3d 764. “…may amend our constitution. See §§ 13-27-101 to -316, MCA. The process involves the legislative services division, § 13-27-202 (1)(a), MCA, the Secretary of State, § 13-27-202(3), (4), (6), Montana voters, § 13-27-202(6), the Attorney General, § 13-27-312, MCA, and, if…”
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