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MONTANA STATUTES AND CODES

7-5-132. Procedure to exercise right of initiative or referendum.


     7-5-132. Procedure to exercise right of initiative or referendum. (1) The electors may initiate and amend ordinances and require submission of existing ordinances to a vote of the people by petition. If an approved petition containing sufficient signatures is filed prior to the ordinance's effective date or within 60 days after the passage of the ordinance, whichever is later, a petition requesting a referendum on the ordinance delays the ordinance's effective date until the ordinance is ratified by the electors. A petition requesting a referendum on an emergency ordinance filed within 60 days of the effective date of the ordinance suspends the ordinance until ratified by the electors.
     (2) The governing body may refer existing or proposed ordinances to a vote of the people by resolution.
     (3) A petition or resolution for initiative or referendum must:
     (a) embrace only a single comprehensive subject;
     (b) set out fully the ordinance sought by petitioners or, in the case of an amendment, set out fully the ordinance sought to be amended and the proposed amendment or, in the case of referendum, set out the ordinance sought to be repealed;
     (c) be in the form prescribed in Title 13, chapter 27, except as specifically provided in this part;
     (d) contain the signatures of 15% of the registered electors of the local government; and
     (e) contain transition provisions if the measure changes terms of office or forms of government.

     History: En. 47A-3-106 by Sec. 9, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-106(3) thru (5); amd. Sec. 299, Ch. 571, L. 1979; amd. Sec. 2, Ch. 359, L. 1991; amd. Sec. 1, Ch. 374, L. 2001.

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