Montana constitution

Article I: compact with the united states

Article I - All provisions of the enabling act of Congress (approved February...

Article II: declaration of rights

Section 1 - All political power is vested in and derived from the...

Section 2 - The people have the exclusive right of governing themselves as...

Section 3 - All persons are born free and have certain inalienable rights....

Section 4 - The dignity of the human being is inviolable. No person...

Section 5 - The state shall make no law respecting an establishment of...

Section 6 - The people shall have the right peaceably to assemble, petition...

Section 7 - No law shall be passed impairing the freedom of speech...

Section 8 - The public has the right to expect governmental agencies to...

Section 9 - No person shall be deprived of the right to examine...

Section 10 - The right of individual privacy is essential to the well-being...

Section 11 - The people shall be secure in their persons, papers, electronic...

Section 12 - The right of any person to keep or bear arms...

Section 13 - All elections shall be free and open, and no power,...

Section 14 - A person 18 years of age or older is an...

Section 15 - The rights of persons under 18 years of age shall...

Section 16 - Courts of justice shall be open to every person, and...

Section 17 - No person shall be deprived of life, liberty, or property...

Section 18 - The state, counties, cities, towns, and all other local governmental...

Section 19 - The privilege of the writ of habeas corpus shall never...

Section 20 - (2) A grand jury shall consist of eleven persons, of...

Section 21 - All persons shall be bailable by sufficient sureties, except for...

Section 22 - Excessive bail shall not be required, or excessive fines imposed,...

Section 23 - No person shall be imprisoned for the purpose of securing...

Section 24 - In all criminal prosecutions the accused shall have the right...

Section 25 - No person shall be compelled to testify against himself in...

Section 26 - The right of trial by jury is secured to all...

Section 27 - No person shall be imprisoned for debt except in the...

Section 28 - (2) Full rights are restored by termination of state supervision...

Section 29 - Private property shall not be taken or damaged for public...

Section 30 - Treason against the state shall consist only in levying war...

Section 31 - No ex post facto law nor any law impairing the...

Section 32 - The military shall always be in strict subordination to the...

Section 33 - No armed person or persons or armed body of men...

Section 34 - The enumeration in this constitution of certain rights shall not...

Section 35 - The people declare that Montana servicemen, servicewomen, and veterans may...

Section 36 - (a) "Crime" means an act defined as a felony, misdemeanor,...

Article III: general government

Section 1 - The power of the government of this state is divided...

Section 2 - The seat of government shall be in Helena, except during...

Section 3 - Members of the legislature and all executive, ministerial and judicial...

Section 4 - (3) The sufficiency of the initiative petition shall not be...

Amended to match the enforced distribution requirements with the approval of montana C-47 on november 3, 2020 - (3) The sufficiency of the initiative petition shall not be...

Section 5 - (2) An act referred to the people is in effect...

Section 6 - The people shall vote on initiative and referendum measures at...

Section 7 - (3) For the purposes of a statutory initiative, the number...

Section 8 - The provisions of this Article do not apply to CONSTITUTIONAL...

Section 9 - All forms of gambling, lotteries, and gift enterprises are prohibited...

Article IV: suffrage and elections

Section 1 - All elections by the people shall be by secret ballot.

Section 2 - Any citizen of the United States 18 years of age...

Section 3 - The legislature shall provide by law the requirements for residence,...

Section 4 - Any qualified elector is eligible to any public office except...

Section 5 - In all elections held by the people, the person or...

Section 6 - A qualified elector is privileged from arrest at polling places...

Section 7 - (3) If the election on an initiative or referendum properly...

Section 8 - (3) Nothing contained herein shall preclude an otherwise qualified candidate...

Article V: the legislature

Section 1 - The legislative power is vested in a legislature consisting of...

Section 2 - The size of the legislature shall be provided by law,...

Section 3 - A member of the house of representatives shall be elected...

Section 4 - A candidate for the legislature shall be a resident of...

Section 5 - Each member of the legislature shall receive compensation for his...

Section 6 - The legislature shall meet each odd-numbered year in regular session...

Section 7 - A vacancy in the legislature shall be filled by special...

Section 8 - A member of the legislature is privileged from arrest during...

Section 9 - No member of the legislature shall, during the term for...

Section 10 - (5) Neither house shall, without the consent of the other,...

Section 11 - (6) A law may be challenged on the ground of...

Section 12 - The legislature shall not pass a special or local act...

Section 13 - (4) Conviction shall extend only to removal from office, but...

Section 14 - (5) Upon filing both plans, the commission is then dissolved.

Article VI: the executive

Section 1 - (3) Each shall reside at the seat of government, there...

Section 2 - (2) Each candidate for governor shall file jointly with a...

Section 3 - (3) The superintendent of public instruction shall have such educational...

Section 4 - (5) The superintendent of public instruction and the auditor shall...

Section 5 - (2) During his term, no elected officer of the executive...

Section 6 - (2) If the office of secretary of state, attorney general,...

Section 7 - All executive and administrative offices, boards, bureaus, commissions, agencies and...

Section 8 - (4) A person not confirmed by the senate for an...

Section 9 - The governor shall at the beginning of each legislative session,...

Section 10 - (5) The governor may veto items in appropriation bills, and...

Section 11 - Whenever the governor considers it in the public interest, he...

Section 12 - The governor may grant reprieves, commutations and pardons, restore citizenship,...

Section 13 - (2) The militia forces shall consist of all able-bodied citizens...

Section 14 - (8) When there is a vacancy in the office of...

Section 15 - (3) He may appoint a committee to investigate and report...

Article VII: the judiciary

Section 1 - The judicial power of the state is vested in one...

Section 2 - (4) Supreme court process shall extend to all parts of...

Section 3 - (2) A district judge shall be substituted for the chief...

Section 4 - (3) Other courts may have jurisdiction of criminal cases not...

Section 5 - (3) The legislature may provide for additional justices of the...

Section 6 - (3) The chief justice may, upon request of the district...

Section 7 - (2) Terms of office shall be eight years for supreme...

Section 8 - (3) If an incumbent files for election and there is...

Section 9 - (4) Supreme court justices shall reside within the state. During...

Section 10 - Any holder of a judicial position forfeits that position by...

Section 11 - (4) The proceedings of the commission are confidential except as...

Article VIII: revenue and finance

Section 1 - Taxes shall be levied by general laws for public purposes.

Section 2 - The power to tax shall never be surrendered, suspended, or...

Section 3 - The state shall appraise, assess, and equalize the valuation of...

Section 4 - All taxing jurisdictions shall use the assessed valuation of property...

Section 5 - (2) The legislature may authorize creation of special improvement districts...

Section 6 - (2) Such revenue may be appropriated for other purposes by...

Section 7 - The legislature shall provide independent appeal procedures for taxpayer grievances...

Section 8 - No state debt shall be created unless authorized by a...

Section 9 - Appropriations by the legislature shall not exceed anticipated revenue.

Section 10 - The legislature shall by law limit debts of counties, cities,...

Section 11 - All money borrowed by or on behalf of the state...

Section 12 - The legislature shall by law insure strict accountability of all...

Section 13 - (4) Investment of state compensation insurance fund assets shall be...

Section 14 - Except for interest on the public debt, no money shall...

Section 15 - (2) The governing boards of public retirement systems shall administer...

Section 16 - The rate of a general statewide sales tax or use...

Section 17 - The state or any local government unit may not impose...

Article IX: environment and natural resources

Section 1 - (3) The legislature shall provide adequate remedies for the protection...

Section 2 - (3) The principal of the resource indemnity trust shall forever...

Section 3 - (4) The legislature shall provide for the administration, control, and...

Section 4 - The legislature shall provide for the identification, acquisition, restoration, enhancement,...

Section 5 - The legislature shall dedicate not less than one-fourth (1/4) of...

Section 6 - (4) The principal of the noxious weed management trust fund...

Section 7 - The opportunity to harvest wild fish and wild game animals...

Article X: education and public lands

Section 1 - (3) The legislature shall provide a basic system of free...

Section 2 - (7) All other grants, gifts, devises or bequests made to...

Section 3 - The public school fund shall forever remain inviolate, guaranteed by...

Section 4 - The governor, superintendent of public instruction, auditor, secretary of state,...

Section 5 - (2) The remaining five percent of all interest received on...

Section 6 - (2) This section shall not apply to funds from federal...

Section 7 - No religious or partisan test or qualification shall be required...

Section 8 - The supervision and control of schools in each school district...

Section 9 - (b) The board consists of seven members appointed by the...

Section 10 - The funds of the Montana university system and of all...

Section 11 - (4) All public land shall be classified by the board...

Article XI: local government

Section 1 - The term "local government units" includes, but is not limited...

Section 2 - The counties of the state are those that exist on...

Section 3 - (2) One optional form of county government includes, but is...

Section 4 - (2) The powers of incorporated cities and towns and counties...

Section 5 - (3) Charter provisions establishing executive, legislative, and administrative structure and...

Section 6 - A local government unit adopting a self-government charter may exercise...

Section 7 - (2) The qualified electors of a local government unit may,...

Section 8 - The legislature shall extend the initiative and referendum powers reserved...

Section 9 - (2) The legislature shall require an election in each local...

Article XII: departments and institutions

Section 1 - (2) Special levies may be made on livestock and on...

Section 2 - (2) A maximum period of 8 hours is a regular...

Section 3 - (4) The legislature may set eligibility criteria for programs and...

Section 4 - (3) Appropriations of the interest, income, or principal from the...

Article XIII: general provisions

Section 1 - (3) The legislature shall pass no law retrospective in its...

Section 2 - The legislature shall provide for an office of consumer counsel...

Section 4 - The legislature shall provide a code of ethics prohibiting conflict...

Section 5 - The legislature shall enact liberal homestead and exemption laws..

Section 6 - No perpetuities shall be allowed except for charitable purposes..

Section 7 - Only a marriage between one man and one woman shall...

Article XIV: constitutional revision

Section 1 - The legislature, by an affirmative vote of two-thirds of all...

Section 2 - (2) The secretary of state shall certify the filing of...

Section 3 - If the question of holding a convention is not otherwise...

Section 4 - If a majority of those voting on the question answer...

Section 5 - The legislature shall, in the act calling the convention, designate...

Section 6 - Before proceeding, the delegates shall take the oath provided in...

Section 7 - The convention shall meet after the election of the delegates...

Section 8 - Amendments to this constitution may be proposed by any member...

Section 9 - (1) The people may also propose constitutional amendments by initiative....

Amended to match the enforced distribution requirements with the approval of montana C-46 on november 3, 2020 - (1) The people may also propose constitutional amendments by initiative....

Section 10 - The number of qualified electors required for the filing of...

Section 11 - If more than one amendment is submitted at the same...

Schedule: transition schedule -