Monday, February 5th, 2024
Cottonwood prevailed on the first part of its lawsuit challenging SB93, a law that was passed by the 2023 legislature that places unconstitutional restrictions on on Montanans’ right to propose ballot and referendum initiatives. The challenged law provides the Montana Attorney General with the power to unilaterally decide the constitutionality of a proposed ballot initiative and prevent a ballot measure from moving forward—a duty reserved for the courts.
The challenged law also imposed a $3,700 filing fee on all initiatives filed with the secretary of state, which restricts and limits accessibility to all Montanans.
Cottonwood has won this case on both grounds, making it easier and more accessible for any ballot initiative in Montana to be passed.
Cottonwood is representing a diverse and bipartisan group of Montanans, including three Constitutional Convention delegates, a former Montana Secretary of State, a Speaker of the House, a Commissioner of the Office of Political Practices, a historian of the Montana Constitution, and other citizens.