Article Summary –
The Montana Supreme Court has revised the ballot language for a constitutional abortion rights amendment, which could be put before voters this fall. The court’s ruling moves supporters of the initiative, Montanans Securing Reproductive Rights, closer to launching a signature-gathering campaign that must be completed before a June deadline. However, the next steps for the initiative remain unclear due to differing interpretations of the court’s decision, with the secretary of state’s office indicating that the proposal may be forwarded to the Legislature for further review.
Supreme Court of Montana Updates Ballot Language for Potential Abortion Rights Amendment
The Montana Supreme Court issued new ballot language on Monday for a potential constitutional amendment on abortion rights, rejecting a draft by Attorney General Austin Knudsen last week.
This unanimous verdict from six justices brings the supporters of the initiative, Montanans Securing Reproductive Rights (MSRR), closer to a large-scale signature-gathering campaign that must be completed by June. MSRR has fought with Knudsen, an anti-abortion Republican, over the proposal’s substance and the official ballot language for nearly three months.
Even with the court-authored official ballot statement, the initiative’s next steps are unclear due to differing interpretations of the Supreme Court’s decision. MSRR celebrated the ruling and committed to signature gathering, but a spokesperson for the Montana secretary of state suggested the proposal might be sent to the Legislature for more consideration.
“MSRR is proud to provide Montana voters the chance to voice their opinions on a transparent, fair ballot initiative that secures the right to make personal pregnancy decisions, including the right to receive abortion care,” MSRR said in a press release. Requests for comment about the ruling from the attorney general’s office spokesperson, Emilee Cantrell, received no response.
Discrepancies arise from a footnote in the Supreme Court’s ruling. The court noted the need for quick resolution due to time constraints on signature gathering. However, they disagreed with a procedural step in state law that proposes legally sufficient proposals be passed to an interim committee of lawmakers for a 14-day review.
MSRR claimed this footnote means the interim committee period isn’t required, allowing the measure to proceed to the next phase of signature collection without delay. However, in an email to Montana Free Press, Secretary of State Christi Jacobsen’s spokesperson referred to the footnote as “dicta,”or a non-binding legal observation.
Supporters must submit over 60,000 verified signatures from voters across 40 Montana House districts before June 21. Given that some signatures may be unverifiable, the campaign aims to collect tens of thousands more signatures above the requirement.
The court-approved ballot language is similar to the original MSRR proposal but includes additional information about some of the amendment’s provisions, including a healthcare provider’s role in deciding when abortion is medically necessary. The final language reads:
“CI-___ would amend the Montana Constitution to expressly provide a right to make and carry out decisions about one’s own pregnancy, including the right to abortion. It would prohibit the government from denying or burdening the right to abortion before fetal viability. It would also prohibit the government from denying or burdening access to an abortion when a treating healthcare professional determines it is medically indicated to protect the pregnant patient’s life or health. CI-___ prevents the government from penalizing patients, healthcare providers, or anyone who assists someone in exercising their right to make and carry out pregnancy decisions.”
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