Defending the Montana Constitution
Montana has a unique state constitution that reserves to its citizens the power of direct democracy. The Montana legislature has been working to weaken Montanans’ ballot initiative powers for years. In 2024, a district court sided with Cottonwood and decided SB 93, a law passed by the Montana legislature, unconstitutionally infringes upon Montanans’ constitutional powers. SB 93 allowed the Montana Attorney General to decide whether proposed ballot initiatives were constitutional. The Montana Supreme Court has repeatedly said it is the job of the courts, not a partisan attorney general, to determine the constitutionality of an initiative. The challenged law also charges Montana citizens a fee to file ballot initiatives. The district court ruled it is unconstitutional for the legislature to charge Montanans to submit a proposed ballot initiative when Montana legislators are not required to pay a fee to propose new laws during a legislative session.
Every year the Montana Supreme Court hears one case at the University of Montana theater for the public to watch. The Montana Supreme Court heard oral arguments in Cottonwood’s ballot initiative case at the UM theater in April 2026. Watch the arguments below.
Cottonwood has been on the front lines of constitutional ballot initiative litigation for years. We're grateful to be representing some of the delegates that wrote the 1972 constitution; a former Montana Secretary of State; a former Speak of the House; a former Commissioner of Office of Political Practices; a Montana Constitution historian; a retired Environmental Studies professor, and others
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Read the first District Court Order.