Bills would ban inactive voters from signing ballot initiatives

Clayton Murphy

HELENA (UM Legislative News Service) Two bills aimed at barring inactive voters from being counted on petitions to qualify initiatives to be included on Montana ballots hit the House State Administration Committee Tuesday.

Both would change the same section of Montana law, only counting active voters in signature counts.

Rep. Zack Wirth, R-Wolf Creek, is carrying House Bills 597 and 598. He said the requirement would protect the political weight of ballot initiatives, given the effort it takes to be a registered, active voter.

“And you have a great deal of responsibility by being an active voter, it's assumed that you are somewhat knowledgeable about whatever issues that you're being asked to sign,” Wirth said.

A voter is classified as inactive if they do not vote in a state or federal general election. Opponent SK Rossi with the American Civil Liberties Union of Montana expressed concerns that if a voter missed just one election, they would be frozen out of the ballot initiative process. Rossi also said the Montana constitution outlines who can sign a petition, and that definition does not require an active voter status.

“This very much violates the Montana State Constitution, which dictates qualified electors and who can sign petitions,” Rossi said.

Derek Oestreicher with the Montana Family Foundation was the only proponent between both bill hearings. He said HB 598 would help build a more solid structure of requirements for signing petitions.

“I think anytime we have an opportunity to provide some clarity in our law, that's a good bill,” Oestreicher said.

In the last election, one citizen-led ballot initiative passed – CI-128, which amends the Montana Constitution to protect abortion rights in the state and restricts state government from denying or burdening access to abortions. 

The Monday hearings had four total opponents to the bill to the one proponent.