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Senate panel backs bill to send ballot-measure disputes to district court first
Summary
Senate Bill 13 passed second reading in committee by a recorded vote of 32–18. The bill would remove original jurisdiction over most ballot-measure challenges from the Montana Supreme Court so those matters begin in district court; proponents say it adds fact-finding at the trial level, opponents said it risks slowing ballot timelines.
Senate Bill 13, a measure to change judicial review for ballot measures so that most challenges begin in district court instead of the Montana Supreme Court, won committee approval on second reading by a recorded vote of 32–18.
Sponsor Senator Emmerich described the change as "one small change" that removes original jurisdiction the Legislature had previously given the Supreme Court on ballot measures, sending such disputes first to district court. He told colleagues the district courts are better suited for fact-finding and that the Supreme Court would still prioritize ballot-related cases to ensure they reach the ballot on time.
Opponents, led by Senator Smith, said the change risks slowing the democratic process and accused supporters of creating additional red tape. "When a ballot initiative starts at the district court level, you have a natural slowing," Smith said, noting the existing bipartisan reform had routed measures directly to the Supreme Court previously to avoid delay.
Several senators, including Judiciary Chair Senator Usher and Senator Ellsworth, supported the bill, describing it as a return to older practice and arguing that district courts provide important factual development before appellate review. Senator Olson cited prior ballot-season litigation and said earlier reforms had addressed problems; he urged colleagues not to reintroduce potential confusion.
The clerk recorded 32 senators voting aye and 18 voting nay on the motion that the bill "do pass." The Committee of the Whole reported the bill to the full Senate.
Votes at a glance: committee second-reading vote on SB 13 — 32 aye, 18 nay.
