HELENA — Seven proposals to amend the Montana Constitution are moving forward in the state Legislature – but after votes on Tuesday, most appear to have an uphill battle to make it onto the 2024 ballot.
Any proposed amendment needs to get two-thirds of the Legislature – 100 votes between the House and Senate – to pass. It would then go before Montana voters in the 2024 general election.
Republicans hold a 102-seat supermajority, so if three or more GOP lawmakers break with their party, an amendment would need to pick up Democratic support to reach 100.
In the House, four amendment proposals got final votes on Tuesday, and all drew opposition from at least three Republicans:
· House Bill 372, sponsored by Rep. Paul Fielder, R-Thompson Falls, would expand the existing constitutional provision that calls hunting and fishing a “heritage that shall forever be preserved” into a right to hunt, fish and trap using “current means and methods.” Four Republicans voted against HB 372 Tuesday, after six opposed it in Monday’s preliminary vote.
· House Bill 517, sponsored by Rep. Mike Hopkins, R-Missoula, would give the Legislature more authority to direct the Montana Board of Regents on “policies and practices that protect the rights and associated civil liberties” of people on state college campuses. Seven Republicans opposed HB 517 Tuesday, after two voted no on Monday.
· House Bill 551, sponsored by Rep. Casey Knudsen, R-Malta, would expand the constitutional right to bear arms by removing a provision that allowed the state to regulate the carrying of concealed weapons. Three Republicans voted against the bill both days – though not the same three.
· House Bill 915, sponsored by Rep. Bill Mercer, R-Billings, would change how Montana Supreme Court justices are chosen. Instead of statewide elections, the governor would appoint justices, who would then have to be confirmed by the Senate – similar to how the U.S. Supreme Court is selected. Nine Republicans opposed HB 915 on Tuesday, after four voted against it on Monday.
All four bills will move forward to the Senate, where each would need one or more Democratic votes to reach the 100-vote threshold. Democratic leaders have expressed strong opposition to most amendment proposals.
In the Senate, members voted on three amendment proposals Tuesday:
· Senate Bill 272, sponsored by Sen. Theresa Manzella, R-Hamilton, would establish specific powers of county sheriffs that could not be “withdrawn, transferred from, or delegated to any person or entity outside the control of the sheriff.” Though it didn’t receive a majority in the Senate – with the final vote 22-28 – it will move on to the House because of a rule that says an amendment can be transmitted as long as there is a mathematical possibility that it can reach 100 votes in the other chamber.
· Senate Bill 534, sponsored by Sen. Tom McGillvray, R-Billings, would prohibit the state’s redistricting commission from considering party or election data in their decisions. Many Republican lawmakers criticized the commission during the current redistricting cycle, claiming they put partisan makeup ahead of other criteria. Four Republicans voted against SB 534 in Tuesday’s final vote, after three opposed it on Monday.
· Senate Bill 563, sponsored by Sen. Ken Bogner, R-Miles City, would set aside $50 million in a state trust to fund mental health priorities. It was the only proposed amendment to receive significant Democratic support – passing 40-10 in the final vote, with 29 Republicans and 11 Democrats in favor. SB 563 will need to get 60 votes in the House in order to qualify for the ballot.
Tuesday was the deadline for constitutional amendment proposals to clear their first chamber in order to remain alive.
