The 1972 Montana Constitution is extraordinary. It is a real treasure for people. The state motto of Montana is “Oro y Plata,” which means “gold and silver” in Spanish. This motto is consistent with Montana's nickname, “The Treasure State.” Both are named after the state's mineral wealth. Throughout the state's history, their rich natural resources and people have been extracted and exploited by companies outside the state. Since 1906, Montana voters have used the referendum to assert their rights to sovereignty.
Many voters do not clearly understand the importance of Articles 3, 4 (Initiatives) and 5 (Referendums) of the 1972 Montana Constitution. These sections give citizens the key tools they need to ensure the rights of the majority of voters are secured. During the 2021 and 2023 legislative sessions, the supermajority party repeatedly attacked the people's constitutional rights and sovereignty. Without the right to legislate by initiative and to approve or veto unpopular laws enacted by Congress, personal freedom and economic opportunity for Montanans would quickly disappear.
Voters passed Montana's first Initiative and Referendum Act (1906) by a 6-1 margin. In 1912, this right was first used to pass the first tax on the largest mines (mainly owned by out-of-state interests). Montana's first campaign finance law and legislation establishing universal suffrage for the Montana Senate was passed in 1912. Montana's first road gasoline tax, homestead property tax exemptions, lobbyist disclosure rules, authority to invest Coal Tax Trust Fund proceeds, and more. Funding for the State of Montana, term limits for state elected officials, his two initiatives (in 1996 and 2006) to increase the minimum wage for Montana workers, and Healthy Montana His Kids is only by means of a citizen vote. It was possible.
During the 2023 legislative session, I served as a volunteer activist for a 100-year-old nonpartisan political advocacy organization. I testified on 80 bills, more than half of which clearly violated people's rights (enshrined in the 1972 Constitution). Personally, as a lifelong independent voter, Senate Bill 93 was the most important bill to me. For several years while I was studying for my Master of Divinity degree, I participated in paid summer internships funded by Let Justice Roll and Our Faith Our Vote. My mission was to educate and organize the faith community in support of the Raise Montana initiative.
During my decades as a nonpartisan political activist, most of the time I felt disenfranchised. I have worked on political campaigns, but it has always been to support individual candidates who have the character and track record of working in the interests of the people they represent (whether Republican or Democratic). Ta. The Raise Montana initiative of 2006 was passed because many different organizations and communities worked together to pass it. That is the power of citizen voting. Unless we break the duopoly of the two-party system and bring together a diverse group of people, we will not be able to secure a majority of the popular vote.
I have worked in economic development for decades, specializing in supporting the growth and success of Montana-based small businesses. Looking back, that was the perfect fit for me. I don't think either party represents small businesses in Montana. The Montana Chamber of Commerce primarily represents large corporations and not Main Street businesses. Small businesses generally do not have the discretionary resources to influence politicians. I mention this for background information when describing my experience testifying at the Senate Bill 93 hearing in the Senate Committee on State Administration in early February 2023. (SB 93 imposed additional requirements on the public in the ballot initiative process).
There was a small but diverse coalition of opponents ready to testify against SB 93. Because of the reputation of the nonpartisan organization for which I volunteered, I was given the privilege of being the first opposition speaker. I arrived early to secure a seat near the podium. Before entering the hearing room, I noticed a group of corporate lobbyists. Some of them I recognized from past sessions. It was the usual group of corporate lobbyists representing out-of-state interests, extractive industries, construction, banking, and Northwestern Energy (Montana's electric utility monopoly). They seemed well organized and one of the young women in the crowd was handing out cartons.
I entered the room as soon as it opened and sat down in a chair near the podium. It was a very small venue for a public hearing on such an important bill. The room quickly filled up, and then senators began arriving. When the chair arrived, he instructed opponents of SB 93 to clear the room so supporters could fill it. Some of the protesters gathered in the hallway near the hearing room, and we were able to watch the hearing on a television screen. It was noisy. There were only a few chairs to sit in, and I could only see the backs of the people speaking at the podium. The chair held a hearing on SB 93, and after a few brief comments, he ceded the podium to a young corporate lobbyist I saw handing out cartons in the hallway. She introduced herself as speaking on behalf of the Montana Chamber of Commerce. She handed out the same bundle of papers she had been handing out in the hallway to distribute to the senators at the table.
This packet was an amended version of Senate Bill 93. Sen. Mike Cuff (R-Eureka) filed Senate Bill 93 on behalf of the State Executive Interim Committee. The interim committee process is designed to ensure public input and bipartisan consensus on legislation to be introduced in the next Congress. All of these were rejected when Cuff handed the bill over to corporate lobbyists. It felt like I was back in the days when Anaconda Copper Co., Montana Power Co., and the Burlington Northern Railroad dominated Montana politics. The hearing on SB 93 was just the latest example of a conflict between the sovereignty of businesses and Montanans.
Although he was among the first to stand up and speak out against the bill, it was difficult to contain his anger. The room was so small that it was difficult to breathe even though I was wearing a mask. As a representative of the organization, my testimony had to be approved in advance. However, I proceeded to testify as scripted and objected to the circumstances. The House amendments significantly changed the scope of the bill, and opponents were unable to access the amended bill before or even during the hearing. I requested the Chair to give some consideration to the opposition to accommodate the proposed amendments. That request was not accepted. A fair and open public hearing on Senate Bill 93 was never held.
I moved to Oregon in the summer of 2023 and am not eligible to vote in Montana. I still care deeply about the people of Montana. I felt compelled to provide this commentary. As I write this article, the future of women's health care in Montana is held hostage by the unconstitutional provisions of Senate Bill 93. Because of SB 93 and its predecessor bill for the 2021 Congress (House Bill 651), the Attorney General and the Interim Legislature said the committee was empowered to cause lengthy and unnecessary delays that would prevent the public from collecting signatures. I feel that I am. Supporters of SB 93 knew what they were doing. They want to return Montana to its early days (pre-1906), when out-of-state corporations held all political power.
We need to educate Montana voters. Rights and laws related to public voting measures are absolutely necessary to protect fundamental rights. Popular sovereignty refers to governance based on the consent of the people. A government is not legitimate if its elected leaders ignore the will of the people.
The Declaration of Rights in the Montana Constitution begins:
Article 2. Section 1. popular sovereignty. All political power belongs to and originates from the people. All good governments originate from the people, are founded solely on the will of the people, and are established solely for the benefit of the whole.
