The ruling struck down four provisions of Senate Bill 93, which was passed in 2023, including filing fees and legislative and attorney general reviews of initiatives. John Meyer is the Executive Director and General Counsel at Cottonwood Environmental Law Center. He argued the case before the court, and is happy a new legal standard has been set with a unanimous decision.
“So anytime a law is challenged that impacts our power of initiative, the court is gonna look at whether the challenged regulation facilitates or impairs the people’s power” Meyer told Yellowstone Public Radio.
C.B. Pearson was a plaintiff in the case. He shares Meyer’s optimism following the ruling.
“Our hope was to clarify and establish what is clearly in the Constitution, which is the citizens of Montana have an equal power to the Legislature" Pearson said.
Though the ruling struck down some provisions of the law, others still stand. Meyer finds the potential for undue influence in at least one.
“I think that the fiscal statement can be really misleading, and that is one provision that I would like to see struck as we move forward.”
It’s a concern Pearson shares.
“You want a fair fiscal note that assesses… or evaluates is a better word… the actual cost and doesn’t try to put a finger on the scale” Pearson said, suggesting the Legislature could take another look.
In the end though, Pearson is convinced things will settle, at least for now.
“My suspicion will be there will be limited activity at the 2027 Session, but as time passes, people will get more and more— economic interests get frustrated and they try to put additional sideboards so they won’t face popular issues on the ballot.”
