Constitutional Initiative 133 will appear on Montana’s November ballot, asking voters to enshrine protections for the state’s initiative and referendum process in the constitution. The measure seeks to guarantee that future ballot issues are handled through impartial, predictable, open, and timely procedures.
The proposal comes amid a national trend of renewed interest in direct democracy over the last decade. According to Derek Clinger, senior counsel with the University of Wisconsin’s State Democracy Research Initiative, recent ballot initiatives have increasingly focused on progressive-aligned policies, such as preserving abortion access following the overturning of Roe v. Wade.
In response, some Republican-led and purple state legislatures have moved to restrict or undermine the initiative process. Montana, described by observers as a deep-red state, has seen similar friction between proponents of direct democracy and elected officials seeking to regulate it.
Legislative Changes Spark Debate
During the 2025 legislative session, lawmakers passed several bills aimed at tightening regulations around ballot initiatives. State Rep. Braxton Mitchell (R-Columbia Falls) sponsored legislation that barred foreign entities from funding ballot measures and required paid signature gatherers to declare their state of residence.
Mitchell stated that the bills were intended to protect the integrity of the process and ensure transparency, rather than make it more difficult for initiative runners. He argued that the Legislature must retain the ability to place checks on the initiative system.
“If it ain’t broke, don’t fix it,” Mitchell said regarding CI-133.
The Montana Republican Party is opposing CI-133 this fall. Mitchell views the push for constitutional protections as an effort by Democrats to circumvent poor electoral prospects in statewide races.
Proponents Cite Need for Safeguards
Montanans Decide, the group backing CI-133, argues that the initiative process has come under attack in recent years. The organization encountered legal challenges while qualifying the measure for the ballot, citing changes made during the 2025 session as obstacles.
Dani Hess, a spokesperson for Montanans Decide, emphasized the historical importance of direct democracy in Montana. “Ballot initiatives are how Montanans keep our state the last best place,” Hess said.
Proponents point to past successful initiatives that raised the state’s minimum wage, banned elected officials from becoming lobbyists, and protected hunting and fishing access as evidence of the process’s value to voters.
Other Measures on the Ballot
CI-133 joins two other measures on the fall ballot. One aims to maintain nonpartisan judicial elections, while another seeks to eliminate dark money in politics. The Montana GOP is advocating against all three measures.
Tensions over the initiative process have been visible in recent years. In 2024, Democrats accused Secretary of State Christi Jacobsen of obstructing signature-gathering and petition processes for certain ballot issues.
Montana’s power of initiative and referendum originated during the era of the state’s Copper Kings, reflecting a long-standing tradition of direct voter input on major policy questions. Supporters of CI-133 argue that constitutional safeguards are necessary to preserve this tradition against legislative interference.
Voters Decide in November
Absentee ballots were mailed to voters on October 9, beginning the final phase of the election cycle. Voters will decide the fate of CI-133 and the other measures when they cast their ballots this November.
The outcome could shape how future ballot initiatives are processed in Montana, determining whether the Legislature retains broad authority to regulate signature gathering and funding or whether constitutional constraints limit such actions.