Slate of Ballot Initiative Reform Bills Advances Through Legislature
Rep. Braxton Mitchell, R-Columbia Falls, said his legislation pertaining to ballot issues will strengthen the electoral process, while Democrats warn of potential for voter disenfranchisement
By Denali Sagner
A slate of electoral reform bills brought by a Columbia Falls lawmaker is advancing through the Montana Legislature as Republicans aim to tighten the state’s regulations around voting and ballot initiatives.
Rep. Braxton Mitchell, R-Columbia Falls, is the sponsor of multiple bills related to the constitutional initiative process, including measures that would bar foreign entities from funding ballot measures and require paid signature gatherers to declare their state of residence.
In an interview on Friday, Mitchell said he hopes the bills bring transparency to the voting and petitioning process following the 2024 election cycle, which saw three high-profile constitutional initiatives on the ballot, including the passage of an initiative to enshrine abortion rights in the state’s constitution. All three ballot initiatives faced pushback from Republicans, including Montana Secretary of State Christi Jacobsen, who was accused by Democrats of obstructing the signature gathering and petitioning process.
In order for a citizen proposed ballot initiative to go to the voters, advocates must secure signatures equal to 10% of votes cast for governor in the last gubernatorial general election. Signatures can be collected by volunteers or paid canvassers. Those who employ paid signature gatherers must register with the Secretary of State.
House Bill 201 would require paid ballot initiative signature gatherers to disclose their status as paid workers, as well as their states of residence, when collecting signatures. During a committee hearing on the bill, Mitchell said it would discourage “the use of out-of-state workers who may lack a personal connection to the local issues” and reduce “concerns about hidden agendas or external influences.”
House Bill 818 would bar foreign entities from contributing to ballot initiatives. Federal law already prohibits foreign citizens from contributing directly to U.S. elections. However, there is no prohibition on foreign nationals donating to 501(c)(4) groups such as the National Rifle Association or the American Civil Liberties Union, which can then donate to PACs, or political action committees, which support candidates and ballot issues.
Ten states — Wyoming, California, Colorado, Maine, Maryland, Nevada, North Dakota, Ohio, South Dakota and Washington — have passed restrictions on foreign contributions to ballot measure campaigns.
As an example of his incentive for sponsoring HB 818, Mitchell cited the Sixteen Thirty Fund, a progressive 501(c)(4) that donated millions to liberal-affiliated campaigns in 2024, including the campaign to pass CI-128 in Montana, the constitutional right to abortion. The Sixteen Thirty Fund, which is not required to disclose its donors, has received large contributions from Swiss billionaire Hansjörg Wyss.
House Bill 179, also related to ballot initiatives, would reinforce in law that voters cannot be moved from “inactive” to “active” status by signing a ballot initiative petition. Currently, voters who are placed on the inactive rolls can reactivate their voting status by visiting their county election office, appearing at a polling place on Election Day, requesting an absentee ballot or reregistering to vote by mail. Signing a petition does not move inactive voters to active status.
Testifying in support of the bill in committee, Montana Elections Director Austin James clarified that “no elector has ever been activated in the history of Montana by signing a petition,” but said “it was inferred that that could be an argument that is made.”
James said the bill would prevent ballot initiative advocates and voters from making “creative arguments in the future.”
Mitchell told the Beacon, “I’m a guy for voting rights, but when you sign a petition, I don’t think it should be a reason to reactivate your voting status.”
Democrats warn that the slate of bills will make it harder for Montanans to vote and participate in the Democratic process.
On the House floor, Rep. Peter Strand, D-Bozeman, testified against the bill barring inactive voters from reactivating their status by signing a petition, saying it “puts up another roadblock” towards civic engagement.
“It’s an effort to both cut down on the citizens’ right to initiative and to be xenophobic at the same time,” Rep. Kelly Kortum, D-Bozeman, told the Beacon, referring to the bill requiring paid signature gatherers to disclose their state of residency.
“Every session a [constitutional initiative] passes, they throw a fit and they try to change the rules,” Kortum said, referring to Republicans.
“They’re mad not only that [CI-128] passed but that anybody even considered 126 and 127,” he added, referring to the trio of high-profile initiatives that appeared on voters’ ballots last election cycle.
Republican lawmakers called CI-128, the constitutional right to abortion, “radical” and poorly defined.
House Bill 179 has been concurred in the Senate State Administration Committee. House Bill 201 has been referred to a conference committee to iron out two different versions passed by the House and Senate. House Bill 818 has been referred to the Senate Judiciary Committee.