MontanaSB 1169th Legislature, Regular Session (2025)SenateWALLET

Revise local government ballot issue laws

Sponsored By: Forrest Mandeville (Republican)

Became Law

Ballot IssuesCities and TownsCountiesElectionsLocal Government

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 0 costs, 6 mixed.

Local votes control marijuana businesses

In counties that voted against Initiative 190, a marijuana business cannot open until voters approve that license type and the state issues a license. Local voters can petition for elections to approve one or more categories. Local governments may regulate and inspect marijuana businesses; some former medical licensees get a limited exemption from new local rules until their first renewal after Jan 1, 2022 or a local grace period ends. A later local vote to ban a category takes effect 90 days after the election. Local governments cannot ban licensed marijuana transport on public roads.

Resort tax votes and notices

A resort community or district needs a majority vote to start, change, or end a resort tax. The ballot petition or resolution must state the tax rate, how long it lasts, the start date (at least 35 days after the vote), and how the money will be used. If the tax pays for infrastructure, the revenue must be used for that and ends when the projects or debts are paid unless reapproved. The governing body must publish two public notices: the first no more than 45 days before the vote and the last at least 30 days before.

Local marijuana tax up to 3%

A county that allows dispensaries must get a majority vote to add, change, or end a local marijuana tax. The tax can be up to 3% of the retail price. The ballot must state the rate, what the money can be used for, and a start date at least 90 days after the vote. The question can go to voters by petition or by county resolution.

How boards and courts handle petitions

A local board has 60 days to adopt what a petition asks. If it acts, the issue does not go to voters. Filing an approved petition before a law takes effect delays it until voters ratify it; an emergency ordinance is suspended if a petition is filed within 60 days after it takes effect. A board may also refer an ordinance to voters. A local government may sue within 14 days to test a petition; if the defendant wins, the government must pay costs and reasonable attorney fees. The 90‑day signature window starts on the date of the court’s order.

Standard rules for local ballot petitions

The law sets statewide rules for local ballot petitions and elections. A petition needs signatures from 15% of registered voters to require an election, or 25% to require a special election. Before circulating, you must submit a sample; the local attorney has 21 days to review and must write a purpose statement of up to 135 words and a yes/no title. Petitions must follow size and content rules, include the full text, and have a signed affidavit for each sheet. Only local voters may sign; signatures are verified, you cannot circulate more than one year before filing, and you must file signed sheets within 90 days of approval and at least 4 weeks before certification. Counties must certify issues no later than 85 days before the election; approved measures take effect when results are declared unless the ballot sets a later date. The law bans per‑signature pay, makes false entries a crime, and makes it a misdemeanor (up to $500 fine or 90 days in jail) to physically block or intimidate signature gathering. The Secretary of State does not enforce uniformity for these sections. The act replaces older procedures and applies on passage and approval.

Voter tools on local government structure

A justice’s court or city court can become a court of record by local resolution or by petition under the new rules. City‑county consolidation petitions must have signatures from at least 20% of registered electors. Voter initiatives cannot change annual budgets, most bond proceedings, charges or special assessments pledged to bonds, law‑enforcement priorities, or auxiliary container rules.

Voters can choose county alcohol bans

A county may put on the ballot a ban on selling or using liquor or all alcoholic drinks. The county commission must send the proposal to voters. If voters approve, the ban applies in that county.

Sponsors & Cosponsors

Sponsor

  • Forrest Mandeville

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 393 • No: 1

Senate vote 3/31/2025

Do Pass

Yes: 50 • No: 0

Senate vote 3/28/2025

Do Pass

Yes: 46 • No: 1

Senate vote 3/26/2025

Do Concur

Yes: 99 • No: 0

Senate vote 3/25/2025

Do Concur

Yes: 99 • No: 0

Senate vote 1/31/2025

Do Pass

Yes: 50 • No: 0

Senate vote 1/30/2025

Do Pass

Yes: 49 • No: 0

Actions Timeline

  1. Chapter Number Assigned

    4/17/2025Senate
  2. Signed by Governor

    4/17/2025Senate
  3. Transmitted to Governor

    4/8/2025Senate
  4. Signed by Speaker

    4/8/2025House
  5. Signed by President

    4/7/2025Senate
  6. Returned from Enrolling

    4/4/2025Senate
  7. Sent to Enrolling

    3/31/2025Senate
  8. 3rd Reading Passed as Amended by House

    3/31/2025Senate
  9. 2nd Reading House Amendments Concurred

    3/28/2025Senate
  10. Returned to Senate with Amendments

    3/26/2025House
  11. 3rd Reading Concurred

    3/26/2025House
  12. 2nd Reading Concurred

    3/25/2025House
  13. Committee Report--Bill Concurred as Amended

    3/20/2025House
  14. Committee Executive Action--Bill Concurred as Amended

    3/20/2025House
  15. Hearing

    2/12/2025House
  16. First Reading

    2/3/2025House
  17. Referred to Committee

    2/3/2025House
  18. Transmitted to House

    1/31/2025Senate
  19. 3rd Reading Passed

    1/31/2025Senate
  20. 2nd Reading Passed

    1/30/2025Senate
  21. Committee Report--Bill Passed as Amended

    1/28/2025Senate
  22. Committee Executive Action--Bill Passed as Amended

    1/27/2025Senate
  23. Hearing

    1/9/2025Senate
  24. Referred to Committee

    1/7/2025Senate
  25. Fiscal Note Printed

    1/7/2025Senate

Bill Text

  • Enrolled

    5/9/2025

  • As Amended (Version 3)

    3/20/2025

  • As Amended (Version 2)

    1/28/2025

  • Introduced

    11/26/2024

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