What is CI-133?

This November, Constitutional Initiative No. 133 (CI-133) will be on the ballot. CI-133 seeks to further define the process for creating a ballot initiative, in order to “guarantee impartial, predictable, transparent and expeditious processes for proposing a ballot issue,” according to the initiative itself. 

If passed, CI-133 would create a set of safeguards in the Montana Constitution for the process of proposing a ballot initiative. CI-133 would explicitly recognize initiative and referendum powers as a codified, fundamental right to the people of Montana. Further, should the government express concern about a future initiative put forth by Montanans, it must do so without interfering with its process of being considered. 

Supporters of CI-133 say it's necessary to safeguard the initiative process when legislators may be taking steps to slow the process of getting an initiative onto the ballot. 

“They might, for example, take an extraordinarily long time to approve an initiative, and that might hinder the ability of grassroots organizers to spread awareness about this initiative if it's hung up in the approval process,” said Zoe Nemerever, an assistant professor of political science at MSU.

Larkin Faherty, a pre-medicine major and member of Forward Montana, said CI-133 largely has bipartisan support. “It essentially protects our ability to propose, to veto and vote on laws that affect us without government interference,” he said. 

Opponents of CI-133 say it's unnecessary and could prove challenging for the courts. “We have three ballot initiatives on the ballot — it's clear the system works as intended,” said Rep. Braxton Mitchell, R-Mont. who represents District 5. “And I think that, the way we're going down the road with allowing this initiative to pass, it's just going to end up with endless litigation in the courts.” 

CI-133 would require that all challenges to the initial legal-sufficiency determination must be resolved within 90 days of the proposal’s initial submission. “90 days, that might not be enough time,” Mitchell said. 

Montana is one of of 26 states that currently gives its citizens the right to the statewide initiative or referendum process. 

According to the initiative, CI-133 seeks to safeguard that initiative process through an explicit constitutional amendment to give more protections from government interference to those who seek to pass ballot initiatives.

“In the scenario that [voters] are not pleased with how they're being represented and elections are no longer a viable tool for either selection or accountability, they can take matters into their own hands through the initiative process — except if you're in half of those states,” she said. “It's better to have it and not need it, than need it and not have it.” 

To read CI-133 visit this link.