State constitution
Constitution of Montana
Data from Montana Legislature (MCA)
Full 14-article structure with condensed section text. Article I is a single unnumbered Compact provision; the transitional Adoption Schedule is spent and omitted. Read the verbatim text at the source link.
Article I Compact with the United States
§ — Compact with the United States
All provisions of the federal enabling act of 1889 and of Ordinance No. 1, including the declaration that Indian lands remain under the jurisdiction of Congress, continue in full force until revoked by consent of the United States and the people of Montana.
Article II Declaration of Rights
§ 1 Popular sovereignty
All political power is vested in and derived from the people; all government originates with them and is instituted solely for the good of the whole.
§ 2 Self-government
The people have the exclusive right of governing themselves as a free, sovereign, and independent state, and may alter or abolish the constitution and form of government whenever necessary.
§ 3 Inalienable rights
All persons are born free and have inalienable rights, including a clean and healthful environment, pursuing life's basic necessities, enjoying and defending life and liberty, acquiring and protecting property, and seeking safety, health, and happiness.
§ 4 Individual dignity
The dignity of the human being is inviolable; no person shall be denied equal protection, and neither the state nor any person shall discriminate on account of race, color, sex, culture, social origin or condition, or political or religious ideas.
§ 5 Freedom of religion
The state shall make no law respecting an establishment of religion or prohibiting its free exercise.
§ 6 Freedom of assembly
The people have the right peaceably to assemble, petition for redress, or peaceably protest governmental action.
§ 7 Freedom of speech, expression, and press
No law shall impair freedom of speech or expression; every person may speak or publish freely on any subject, being responsible for abuse of that liberty, and truth may be given in evidence in libel cases.
§ 8 Right of participation
The public has the right to reasonable opportunity for citizen participation in the operation of governmental agencies before final decisions, as provided by law.
§ 9 Right to know
No person shall be deprived of the right to examine documents or observe the deliberations of public bodies, except where the demand of individual privacy clearly exceeds the merits of public disclosure.
§ 10 Right of privacy
The right of individual privacy is essential to a free society and shall not be infringed without a showing of a compelling state interest.
§ 11 Searches and seizures
The people are secure from unreasonable searches and seizures; no warrant shall issue without describing the place and things and without probable cause supported by oath reduced to writing.
§ 12 Right to bear arms
The right of any person to keep or bear arms in defense of home, person, and property, or in aid of the civil power when legally summoned, shall not be questioned, but this does not permit carrying concealed weapons.
§ 13 Right of suffrage
All elections shall be free and open, and no power shall interfere to prevent the free exercise of the right of suffrage.
§ 14 Adult rights
A person 18 years of age or older is an adult for all purposes.
§ 15 Rights of persons not adults
Persons under 18 retain all fundamental rights of this Article unless specifically precluded by laws that enhance their protection.
§ 16 The administration of justice
Courts shall be open to every person and afford speedy remedy for every injury; right and justice shall be administered without sale, denial, or delay.
§ 17 Due process of law
No person shall be deprived of life, liberty, or property without due process of law.
§ 18 State subject to suit
The state and all local governmental entities have no immunity from suit for injury to a person or property, for causes of action arising after July 1, 1973.
§ 19 Habeas corpus
The privilege of the writ of habeas corpus shall never be suspended.
§ 20 Initiation of proceedings
Lesser criminal offenses are prosecuted by complaint; felonies by information or indictment. A grand jury of eleven persons, eight concurring to indict, is summoned only at the discretion of a district judge.
§ 21 Bail
All persons shall be bailable by sufficient sureties, except for capital offenses when proof is evident or the presumption great.
§ 22 Excessive sanctions
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
§ 23 Detention
No person shall be imprisoned to secure testimony longer than necessary to take a deposition; a witness who can give security for appearance shall be discharged.
§ 24 Rights of the accused
The accused has the right to appear and defend in person and by counsel, to know the accusation, to confront witnesses, to compulsory process, and to a speedy public trial by an impartial jury of the county or district.
§ 25 Self-incrimination and double jeopardy
No person shall be compelled to testify against themselves in a criminal proceeding, nor be twice put in jeopardy for the same offense previously tried in any jurisdiction.
§ 26 Trial by jury
The right of trial by jury remains inviolate; in civil actions two-thirds of the jury may render a verdict, but in criminal actions the verdict shall be unanimous.
§ 27 Imprisonment for debt
No person shall be imprisoned for debt except upon refusal to deliver up their estate for creditors, or in cases of tort with a strong presumption of fraud.
§ 28 Rights of the convicted
Laws for punishment shall be founded on prevention and reformation; full rights are restored by termination of state supervision.
§ 29 Eminent domain
Private property shall not be taken or damaged for public use without just compensation, first made or paid into court; compensation includes necessary litigation expenses when the owner prevails.
§ 30 Treason and descent of estates
Treason consists only in levying war against the state or aiding its enemies; no conviction works loss of property to the convicted's heirs, and estates of suicides descend as in natural death.
§ 31 Ex post facto, obligation of contracts, and irrevocable privileges
No ex post facto law, law impairing the obligation of contracts, or law making irrevocable grants of special privileges shall be passed.
§ 32 Civilian control of the military
The military is always in strict subordination to the civil power; no soldier shall be quartered in any house in peacetime without the owner's consent.
§ 33 Importation of armed persons
No armed person or body shall be brought into the state to preserve the peace or suppress domestic violence except on application of the legislature or the governor when it cannot be convened.
§ 34 Unenumerated rights
The enumeration of certain rights shall not deny, impair, or disparage others retained by the people.
§ 35 Servicemen, servicewomen, and veterans
Montana servicemen, servicewomen, and veterans may be given special considerations as determined by the legislature.
Article III General Government
§ 1 Separation of powers
Government power is divided into legislative, executive, and judicial branches; no person charged with one branch's power shall exercise another's except as expressly directed or permitted.
§ 2 Continuity of government
The seat of government is Helena; during emergencies from disaster or enemy attack, the legislature may enact laws to ensure continuity of government.
§ 3 Oath of office
Members of the legislature and all executive, ministerial, and judicial officers take an oath to support the constitutions of the United States and Montana; no other oath or test may be required.
§ 4 Initiative
The people may enact laws by initiative (except appropriations and local or special laws) by petition signed by at least five percent of electors in each of one-third of the districts and five percent statewide.
§ 5 Referendum
The people may approve or reject any act of the legislature (except appropriations) by referendum, ordered by the legislature or by petition of five percent of electors in one-third of the districts.
§ 6 Elections
The people vote on initiative and referendum measures at the general election unless the legislature orders a special election.
§ 7 Number of electors
The number of qualified electors required for petitions is determined by the votes cast for governor in the preceding general election.
§ 8 Prohibition
The provisions of this Article do not apply to constitutional revision under Article XIV.
§ 9 Gambling
All forms of gambling, lotteries, and gift enterprises are prohibited unless authorized by law approved by the people or the legislature.
Article IV Suffrage and Elections
§ 1 Ballot
All elections by the people shall be by secret ballot.
§ 2 Qualified elector
Any U.S. citizen 18 or older who meets registration and residence requirements is a qualified elector, unless serving a felony sentence in a penal institution or of unsound mind as determined by a court.
§ 3 Elections
The legislature shall provide by law the requirements for residence, registration, absentee voting, and administration of elections, and shall guard against abuses of the electoral process.
§ 4 Eligibility for public office
Any qualified elector is eligible to any public office except as otherwise provided; no person convicted of a felony is eligible until final discharge from state supervision.
§ 5 Result of elections
In all elections by the people, the person or persons receiving the largest number of votes shall be declared elected.
§ 6 Privilege from arrest
A qualified elector is privileged from arrest at polling places and going to and from them, unless apprehended in a felony or breach of the peace.
Article V The Legislature
§ 1 Power and structure
The legislative power is vested in a legislature of a senate and a house of representatives; the people reserve the powers of initiative and referendum.
§ 2 Size
The legislature's size is provided by law, but the senate shall have 40 to 50 members and the house 80 to 100 members.
§ 3 Election and terms
Representatives serve two-year terms and senators four-year terms; one-half of the senators are elected every two years.
§ 4 Qualifications
A candidate must have resided in the state at least one year and in the county or district six months before the general election.
§ 5 Compensation
Each member receives compensation and allowances provided by law; no legislature may fix its own compensation.
§ 6 Sessions
The legislature is a continuous body for two-year periods, meets at least once a year in regular session of not more than 60 legislative days, and may be convened in special session by the governor or a majority of members.
§ 7 Vacancies
A vacancy in the legislature is filled by special election for the unexpired term unless otherwise provided by law.
§ 8 Immunity
A member is privileged from arrest during attendance at sessions and going to and from them, except for a felony or breach of the peace, and shall not be questioned elsewhere for speech or debate.
§ 9 Disqualification
No member may be appointed to a civil office during the term for which elected; no member of Congress or federal or state officeholder may be a member during their continuance in office.
§ 10 Organization and procedure
Each house judges the qualifications of its members, chooses its officers, keeps a journal, and makes its rules; a majority is a quorum; sessions, committee meetings, and hearings are open to the public.
§ 11 Bills
A law is passed by bill not altered so as to change its purpose; each bill contains one subject expressed in its title; general appropriation bills cover only ordinary expenses; no appropriation may aid private entities not under state control.
§ 12 Local and special legislation
The legislature shall not pass a special or local act when a general act is or can be made applicable.
§ 13 Impeachment
The governor, executive and judicial officers, and others provided by law are subject to impeachment; impeachment requires a two-thirds vote of the house, and conviction a two-thirds vote of the trial tribunal.
§ 14 Districting and apportionment
The state is divided into house districts of compact, contiguous, nearly equal population; a five-member citizen commission prepares redistricting plans after each federal census.
Article VI The Executive
§ 1 Officers
The executive branch includes a governor, lieutenant governor, secretary of state, attorney general, superintendent of public instruction, and auditor, each holding a four-year term.
§ 2 Election
The executive officers are elected by qualified electors at a general election; candidates for governor and lieutenant governor are voted upon together.
§ 3 Qualifications
Executive officers must be at least 25, U.S. citizens, and residents for two years; the attorney general must have practiced law in Montana at least five years.
§ 4 Duties
The executive power is vested in the governor, who sees that the laws are faithfully executed; the other officers perform the duties provided by law.
§ 5 Compensation
Executive officers receive salaries provided by law; during their term no elected officer may hold another public office or receive compensation from another government agency.
§ 6 Vacancy in office
Vacancies in executive offices are filled by gubernatorial appointment, with succession to the governorship and lieutenant governorship as prescribed.
§ 7 20 departments
Executive and administrative agencies (other than the six elected offices) are allocated among not more than 20 principal departments.
§ 8 Appointing power
Departments are under the governor's supervision; each is headed by a single executive appointed by the governor subject to senate confirmation.
§ 9 Budget and messages
The governor gives the legislature information and recommendations and submits a budget setting forth proposed expenditures and estimated revenue for the ensuing fiscal period.
§ 10 Veto power
Each bill is submitted to the governor, who may sign, veto, or return it with recommendations; a two-thirds vote of members present overrides a veto, and the governor may veto items in appropriation bills.
§ 11 Special session
Whenever the governor considers it in the public interest, the governor may convene the legislature.
§ 12 Pardons
The governor may grant reprieves, commutations, and pardons, restore citizenship, and remit fines and forfeitures, subject to procedures provided by law.
§ 13 Militia
The governor is commander-in-chief of the state militia except when in federal service, and may call it out to execute the laws, suppress insurrection, repel invasion, or protect life and property in disasters.
§ 14 Succession
The lieutenant governor becomes or acts as governor upon the governor's death, disqualification, disability, absence, or vacancy, with further succession provided by law.
§ 15 Information for governor
The governor may require written information under oath from executive officers and managers of state institutions and may appoint a committee to investigate any executive office or institution.
Article VII The Judiciary
§ 1 Judicial power
The judicial power is vested in one supreme court, district courts, justice courts, and such other courts as provided by law.
§ 2 Supreme court jurisdiction
The supreme court has appellate jurisdiction, original jurisdiction over habeas corpus and other writs, general supervisory control over all other courts, and rulemaking power subject to legislative disapproval.
§ 3 Supreme court organization
The supreme court consists of one chief justice and four justices (the legislature may increase to six); a majority joins in written decisions.
§ 4 District court jurisdiction
The district court has original jurisdiction in all felony cases and all civil matters at law and in equity, hears appeals from inferior courts anew, and may review administrative decisions.
§ 5 Justices of the peace
At least one justice of the peace is elected in each county; justice courts have such original jurisdiction as provided by law but no felony trial jurisdiction.
§ 6 Judicial districts
The legislature divides the state into judicial districts of compact territory bounded by county lines and may change their number and boundaries without removing a sitting judge.
§ 7 Terms and pay
Justices and judges are paid as provided by law, not diminished during their term; terms are eight years for supreme court justices, six for district judges, and four for justices of the peace.
§ 8 Selection
The governor nominates replacements for supreme court and district court vacancies from nominees, subject to senate confirmation; incumbents run on a retention-style ballot for approval or rejection.
§ 9 Qualifications
Supreme court justices and district judges must be U.S. citizens, residents two years, and admitted to practice law in Montana for at least five years; they may not practice law or hold party office during their term.
§ 10 Forfeiture of judicial position
A judge forfeits the position by filing for a non-judicial elective office or absenting from the state for more than 60 consecutive days.
§ 11 Removal and discipline
A five-member judicial standards commission investigates complaints; on its recommendation the supreme court may retire, censure, suspend, or remove a justice or judge.
Article VIII Revenue and Finance
§ 1 Tax purposes
Taxes shall be levied by general laws for public purposes.
§ 2 Tax power inalienable
The power to tax shall never be surrendered, suspended, or contracted away.
§ 3 Property tax administration
The state shall appraise, assess, and equalize the valuation of all taxable property in the manner provided by law.
§ 4 Equal valuation
All taxing jurisdictions shall use the assessed valuation of property established by the state.
§ 5 Property tax exemptions
The legislature may exempt government property, purely public charities, hospitals, burial places, religious worship, educational property, and other classes, and may create special improvement districts.
§ 6 Highway revenue non-diversion
Vehicle fees and fuel taxes are used solely for highways, streets, roads, bridges, and related safety and administration, except that other uses may be authorized by a three-fifths vote of each house.
§ 7 Tax appeals
The legislature shall provide independent appeal procedures for taxpayer grievances about appraisals, assessments, equalization, and taxes, including local review.
§ 8 State debt
No state debt shall be created unless authorized by a two-thirds vote of each house or a majority of electors, and none to cover deficits from over-appropriation.
§ 9 Balanced budget
Appropriations by the legislature shall not exceed anticipated revenue.
§ 10 Local government debt
The legislature shall by law limit the debts of counties, cities, towns, and other local governmental entities.
§ 11 Use of loan proceeds
All money borrowed by or on behalf of the state or a local government shall be used only for the purposes specified in the authorizing law.
§ 12 Strict accountability
The legislature shall by law ensure strict accountability of all revenue received and money spent by the state and local governments.
§ 13 Investment of public funds
The legislature shall provide a unified investment program for public funds; school and university permanent funds shall be safely and conservatively invested.
§ 14 Prohibited payments
Except for interest on the public debt, no money shall be paid from the treasury except on an appropriation made by law and a proper warrant.
Article IX Environment and Natural Resources
§ 1 Protection and improvement
The state and each person shall maintain and improve a clean and healthful environment for present and future generations; the legislature shall provide adequate remedies to prevent degradation and depletion of natural resources.
§ 2 Reclamation
All lands disturbed by the taking of natural resources shall be reclaimed, under effective requirements and standards provided by the legislature.
§ 3 Water rights
Existing water rights are recognized and confirmed; all waters within the state are the property of the state for the use of its people, subject to appropriation for beneficial uses as provided by law.
§ 4 Cultural resources
The legislature shall provide for the identification, acquisition, restoration, and preservation of scenic, historic, archeologic, scientific, cultural, and recreational areas and objects.
Article X Education and Public Lands
§ 1 Educational goals and duties
It is the goal to develop the full educational potential of each person, with equality of educational opportunity guaranteed; the state recognizes the cultural heritage of American Indians, and the legislature shall provide a basic system of free quality public schools.
§ 2 Public school fund
The public school fund consists of proceeds from school lands, lands granted in lieu, escheated estates, unclaimed corporate shares, and other grants and gifts for educational purposes.
§ 3 Public school fund inviolate
The public school fund shall forever remain inviolate, guaranteed by the state against loss or diversion.
§ 4 Board of land commissioners
The governor, superintendent of public instruction, auditor, secretary of state, and attorney general constitute the board of land commissioners, which directs, leases, exchanges, and sells school and educational lands.
§ 5 Public school fund revenue
Ninety-five percent of interest and rent from the public school fund and school lands is apportioned annually to school districts; the remaining five percent is added to and becomes inviolable part of the fund.
§ 6 Aid prohibited to sectarian schools
No public appropriation or grant of property shall be made for any sectarian purpose or to aid any church-controlled school, except federal funds passed through for non-public education.
§ 7 Non-discrimination in education
No religious or partisan test shall be required of any teacher or student; no sectarian tenets may be advocated in public institutions; and no person shall be refused admission on account of sex, race, creed, religion, political beliefs, or national origin.
§ 8 School district trustees
Supervision and control of schools in each district is vested in an elected board of trustees.
§ 9 Boards of education
A state board of education, composed of the board of regents and the board of public education, is responsible for long-range planning and coordinating the state's educational systems.
§ 10 State university funds
The funds of the university system and state institutions of learning shall forever remain inviolate, safely invested, and guaranteed by the state against loss.
§ 11 Public land trust, disposition
State lands granted by Congress or acquired by gift or devise are held in trust for the people and disposed of only under general laws for at least full market value.
Article XI Local Government
§ 1 Definition
The term 'local government units' includes but is not limited to counties and incorporated cities and towns; other units may be established by law.
§ 2 Counties
The counties are those existing at ratification; no boundary may be changed or county seat transferred without approval of a majority voting in each county affected.
§ 3 Forms of government
The legislature shall provide methods for governing local units and optional or alternative forms that each unit may adopt, amend, or abandon by majority vote.
§ 4 General powers
A local unit without self-government powers has the powers provided or implied by law; powers of incorporated cities, towns, and counties shall be liberally construed.
§ 5 Self-government charters
The legislature shall provide procedures permitting a local unit to frame, adopt, amend, or abandon a self-government charter with the approval of a majority voting on the question.
§ 6 Self-government powers
A local unit adopting a self-government charter may exercise any power not prohibited by the constitution, law, or charter.
§ 7 Intergovernmental cooperation
Unless prohibited, a local unit may cooperate, share services, or transfer functions with other units, districts, the state, or the United States.
§ 8 Initiative and referendum
The legislature shall extend the initiative and referendum powers to the qualified electors of each local government unit.
§ 9 Voter review of local government
The legislature shall provide procedures requiring each local unit to review its structure and submit one alternative form to the voters, with review at least once every ten years.
Article XII Departments and Institutions
§ 1 Agriculture
The legislature shall provide for a Department of Agriculture and enact laws to protect and develop agriculture; special levies may be made on livestock and commodities for disease control, inspection, research, and promotion.
§ 2 Labor
The legislature shall provide for a Department of Labor and Industry; a maximum of 8 hours is a regular day's work in most industries, changeable to promote the general welfare.
§ 3 Institutions and assistance
The state shall establish and support institutions as the public good requires, including veterans' homes; committed persons retain all rights except those necessarily suspended, and the legislature shall provide economic assistance and social services for those in need.
Article XIII General Provisions
§ 1 Non-municipal corporations
Corporate charters are granted, modified, or dissolved only under general law; the legislature shall protect the people against harmful and unfair practices by corporations and pass no retrospective law imposing new liability.
§ 2 Consumer counsel
The legislature shall provide an office of consumer counsel to represent consumer interests before the public service commission, funded by a special tax on regulated companies.
§ 3 Salary commission
The legislature shall create a salary commission to recommend compensation for the judiciary and elected members of the legislative and executive branches.
§ 4 Code of ethics
The legislature shall provide a code of ethics prohibiting conflict between public duty and private interest for legislators and all state and local officers and employees.
§ 5 Exemption laws
The legislature shall enact liberal homestead and exemption laws.
§ 6 Perpetuities
No perpetuities shall be allowed except for charitable purposes.
Article XIV Constitutional Revision
§ 1 Constitutional convention
The legislature, by a two-thirds vote of all members, may submit to the electors the question of whether to hold an unlimited convention to revise, alter, or amend the constitution.
§ 2 Initiative for constitutional convention
The people may by initiative petition, signed by at least ten percent of electors including ten percent in each of two-fifths of the districts, direct that the convention question be submitted.
§ 3 Periodic submission
If the convention question is not otherwise submitted during any 20-year period, it shall be submitted at the general election in the twentieth year following the last submission.
§ 4 Call of convention
If a majority approve, the legislature shall provide for calling the convention, with the number of delegates equal to the larger legislative body and qualifications equal to the highest for legislative office.
§ 5 Convention expenses
The legislature shall designate the time and place of the convention's meeting and provide for the pay of its members and its necessary expenses.
§ 6 Convention duties (delegates)
Before proceeding, delegates take the oath; vacancies are filled as for legislative vacancies unless otherwise provided by law.
§ 7 Convention duties (revisions)
The convention prepares revisions, alterations, or amendments, submitted to the electors as a whole or in separate articles; none takes effect unless approved by a majority voting thereon.
§ 8 Amendment by legislative referendum
Amendments proposed by any member and adopted by a two-thirds roll-call vote of all members are submitted to the electors and become part of the constitution if approved by a majority voting thereon.
§ 9 Amendment by initiative
The people may propose amendments by initiative petition signed by at least ten percent of electors, including ten percent in each of two-fifths of the districts, effective if approved by a majority voting thereon.
§ 10 Petition signers
The number of qualified electors required for any petition under this Article is determined by the votes cast for governor in the preceding general election.
§ 11 Submission
If more than one amendment is submitted at the same election, each shall be prepared so that it can be voted upon separately.
Full, verbatim text at Montana Legislature (MCA)