History

Sources

1884 Montana Constitution (Proposed)

Art. VII, Section 2.http://courts.mt.gov/portals/113/library/docs/1884const.pdf. Every male person, over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all the general elections: First––He shall be a citizen of the United States, or, not being a citizen of the United States, he shall have declared his intention, according to law, to become such citizen, not less than four months before he offers to vote. Second––He shall have resided in the State six months immediately preceding the election at which he offers to vote, and in the country, town, or precinct such time as may be prescribed by law.

Art. VII, Section 3.http://courts.mt.gov/portals/113/library/docs/1884const.pdf. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the State, of of the United States; nor while engaged in the navigation of the waters of the State, or of the United States; nor while a student at any institution of learning; nor while kept at any almshouse, or other asylum, at the public expense; nor while confined in any public prison.

Art. VII, Section 6.http://courts.mt.gov/portals/113/library/docs/1884const.pdf. No soldier, seaman, or marine in the army or navy of the United States shall be deemed a resident of this State in consequence of being stationed at any military or naval place within the same.

Art. VII, Section 8.http://courts.mt.gov/portals/113/library/docs/1884const.pdf. No idiot or insane person shall be entitled to vote at any election in this State.

Art. VII, Section 9.http://courts.mt.gov/portals/113/library/docs/1884const.pdf. The Legislative Assembly shall have the power to pass laws excluding from the rights of suffrage persons convicted of infamous crimes.

Art. VII, Section 11.http://courts.mt.gov/portals/113/library/docs/1884const.pdf. The Legislative Assembly may pass laws allowing women the right to hold any school district office, and vote at any school district election.

An Address to the Voters of the Territory of Montana: Right of Suffrage.http://courts.mt.gov/portals/113/library/docs/1884const.pdf. "In addition to the usual qualifications of age, a voter must either be a citizen of the United States or have declared his intention to become such not less than four months before he offers to vote. This four months qualification is a judicious safeguard against the pernicious system of manufacturing citizens on election day. The Legislature is also required to pass all needful laws for the preservation of the sanctity of the ballot. Suffrage is likewise extended to women, so far as relates to school district elections, and women may hold school offices, provided the Legislature shall enact laws to that effect."

1889 Montana Constitution

Article IX of the 1889 Constitution was modeled after the 1884 Constitution and similar provisions from California and Colorado.Elbert F. Allen, Sources of the Montana State Constitution (June 10, 1910) (reprinted in Montana Constitutional Convention Memorandum No. 4, Sources of the Montana Constitution, 5) ("Article nine is likewise from both California and Colorado. Section 1 to 4 are similar to corresponding sections in both sates; Cali. Art. 2, Sec. 6, 1, 4, and 2, Colo. Art. 7, Sec. 8, 1, 4, and 5.").

Art. IX, Section 2.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf. Every male person of the age of twenty-one years or over, possessing the following qualifications, shall be entitled to vote at all general elections and for all officers that now are, or hereafter may be, elective by the people and upon all questions which may be submitted to the vote of the people: First, he shall be a citizen of the United States; second, he shall have resided in this State one year immediately preceding the election at which he offers to vote, and in the town, country or precinct such time as may be prescribed by law; Provided, first, that no person convicted of felony shall have the right to vote unless he has been pardoned; Provided, second, that nothing herein contained shall be construed to deprive any person of the right to vote who has such right at the time of the adoption of this constitution; Provided, that after the expiration of five years from the time of the adoption of this constitution no person except citizens of the United States shall have the right to vote.

The first and second "provides" of Section 2 were offered by Hon. Chas. S. Hartman, and the third was offered by Mr. W. A. Clark.Elbert F. Allen, Sources of the Montana State Constitution (June 10, 1910) (reprinted in Montana Constitutional Convention Memorandum No. 4, Sources of the Montana Constitution, 5). Section 2 was adopted from Section 2, Article VII of the 1884 Constitution with just a few changes in wording. Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 2. As soon as Section 2 was introduced to the convention, it “was immediately smothered with amendments.” “The main arguments over this section centered around two topics; suffrage to women and a literacy provision, but the arguments over both amendments were lost.”Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 2 (internal citations omitted).

Art. IX, Section 3.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf. For the purpose of voting no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the State, or of the United States, nor while a student at any institution of learning, nor while kept at any alms-house or other asylum at the public expense, nor while confined in any public prison.

This section is identical to Section 3, Article VII of the 1884 Constitution.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 3.

Art. IX, Section 6.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this State in consequence of being stationed at any military or naval place within the same.

This section is identical to Section 6, Article VII of the 1884 Constitution.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 6. Other than the 1884 Constitution, the direct source of Section 6 is unknown.Elbert F. Allen, Sources of the Montana State Constitution (June 10, 1910) (reprinted in Montana Constitutional Convention Memorandum No. 4, Sources of the Montana Constitution, 5).

Art. IX, Section 8.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf. No idiot or insane person shall not be entitled to vote at any election in this State.

This section is identical to Section 8, Article VII of the 1884 Constitution.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 8. Section 8 was similar to California's equivalent provision.Elbert F. Allen, Sources of the Montana State Constitution (June 10, 1910) (reprinted in Montana Constitutional Convention Memorandum No. 4, Sources of the Montana Constitution, 5) ("Sec. 5 and 8 are similar to Cali. Sec. 3 and 5.").

Art. IX, Section 10.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf. Women shall be eligible to hold the office of county superintendent of schools or any school district office and shall have the right to vote at any school district election.

Section 10, Article VII of the 1884 Constitution gave the Legislative Assembly the power to pass laws allowing women the right to hold school district offices, while this 1889 provision mandated those rights be available to women.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 8. Section 10 was similar to Colorado's equivalent constitutional provision. Elbert F. Allen, Sources of the Montana State Constitution (June 10, 1910) (reprinted in Montana Constitutional Convention Memorandum No. 4, Sources of the Montana Constitution, 5) ("Sec. 7, 9, 10 and 11 are similar to Colo. Sec. 6, 5, 1, and 8.").

Art. IX, Section 12.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf. Upon all questions submitted to the vote of the tax-payers of the State, or any political division thereof, women who are tax-payers and possessed of the qualifications for the right of suffrage required of men by this constitution shall equally, with men, have the right to vote.

There was no comparable section in Article VII of the 1884 Constitution.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 12. Section 12 was offered by former governor Carpenter "near the end of the session." Elbert F. Allen, Sources of the Montana State Constitution (June 10, 1910) (reprinted in Montana Constitutional Convention Memorandum No. 4, Sources of the Montana Constitution, 5); Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 12. It passed 34 to 26, the “women of Montana” winning the “victory by a bit of guile. Carpenter had cleverly withheld this section until many members had gone home to attend to the business affairs they had ignored for four weeks. Of the fifteen who were absent, at least nine would most certainly have voted against the measure.”Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 12.

Constitutional Amendments from 1889-1970

Overview:

Following changes to federal law, the right to vote was extended to women in 1914 and to nineteen-year-olds in 1970.Montana Constitutional Convention Memorandum No. 2, Constitutional Amendments 1889-1971, 3; Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 47 ("This section was amended in 1914 by deletion of the word “male” to allow women to vote and was amended in 1932 to require additional qualifications for voting on questions creating a levy, debt, or liability." In 1932, an amendment limited voting on questions concerning the creation of any levy, debt, or liability to taxpayers.Montana Constitutional Convention Memorandum No. 2, Constitutional Amendments 1889-1971, 3. Starting in 1947, there were consistent proposals in nearly every Legislative Assembly to amend the suffrage provisions of the Constitution, frequently focusing on lowering the voting age and doing away with the taxpayer requirement.The following list of proposed amendments was found in Montana Constitutional Convention Memorandum No. 2, Constitutional Amendments 1889-1971. Pinpoint page cites to Memorandum No. 2 follow each House or Senate Bill Number. Proposed Constitutional Amendments to Article IX, Section 2, Introduced to the Legislature from 1889 to 1971: 1901: Relative to right of suffrage (HB 61), 15. 1903: Relative to rights of suffrage (SB 1), 16. 1911: Rights and suffrage and qualifications to hold office (HB 147), 20. 1913: Constitutional rights of women suffrage and qualifications to hold office (SB 1; HB 19), 21. 1915: Qualifications of voters (HB 155), 22. 1925: Qualification of electors (HB 410), 30. 1931: Qualifications of voters to vote in general elections for all officers to be elected and in all questions submitted to voters (SB 5), 33. 1935: Qualifications of voters in a general election (HB 113), 36. 1947: Making 18 years the legal voting age (HB 316), 44. 1949: Qualification of electors (SB 72), 46. 1951: Qualification of electors (HB 47, SB 96), 47. 1953: Changing legal voting age to 18 years (HB 87); Relating to qualification of electors (HB 343); Qualifications required of persons entitle[d] to vote at general elections (SB 199), 48. 1955: Legal voting age to 18 years (HB 53), 49. 1957: Electors' qualifications (HB 17); Changing legal voting age to eighteen years (HB 41), 50. 1959: Electors, eligibility to vote (HB 79); Legal voting age changed to 19 years (SB 21); Voting qualification (HB 229), 52. 1961: Residence voting requirements lowered (SB 45), 54. 1965: Qualification of elector when levy, debt, or liability question submitted (HB 109); Residency requirement for casting presidential and vice presidential vote (HB 94); Voting age lowered to 18 years (HB 160), 58. 1967: Changing the voting age to 19 years (SB 161); Qualifications of voters when the question submitted concerns the creation of any levy, debt or liability (HB 20); Changing the voting age to 18 years (HB 41); Changing the voting age to 20 years (HB 107), 62. 1969: Changing the voting age to eighteen years (SB 4); Change the legal voting age to nineteen years (SB 58); Change the requirements of residence to vote for president and vice-president of the United States from one year to ninety days (SB 92); Change resident requirement for voting to six months from one year (HB 18); Changing voting age to nineteen years (HB 43); Change resident requirement for voting from one year to three months for owners of real property (HB 90); Limit electors to taxpayers upon real estate or improvements when question concerns creation of any levy, debt or liability (HB 107), 65. 1971: Change legal voting age to 18; residence requirements to 30 days (HB 52), 67. Proposed Constitutional Amendments to other Relevant Sections of Article IX, Introduced to the Legislature from 1889 to 1971: 1895: Section 4: Voting qualifications, 14. 1901: Section 10: Relative to qualifications of women holding office (HB 63), 15. 1923: Section 10: Qualifications of county superintendents of schools and school district officers (SB 5), 29. 1939: Section 8: Who shall be entitled to vote in any election and providing that no person under guardianship, by reason of tribunal relationships or otherwise and no idiot or insane person, shall be entitled to vote (SB 196), 40. Right before the Constitutional Convention, the 1971 Legislature proposed an amendment that would have lowered the voting age to 18 and removed the taxpayer qualification.Montana Constitutional Convention Memorandum No. 2, Constitutional Amendments 1889-1971, 3.

Constitutional Amendments to Article IX, Section 2, Approved by the Legislature and Submitted to the Electorate from 1889 to 1970:

1913: Rights of suffrage and qualifications to hold office, amended by a vote of 41,302 (for) to 37,588 (against). Effective December 19, 1914.Montana Constitutional Convention Memorandum No. 2, Constitutional Amendments 1889-1971, 6.

1931: Qualifications of voters for general elections, amended by a vote of 124,708 (for) to 47,694 (against). Effective December 9, 1932.Montana Constitutional Convention Memorandum No. 2, Constitutional Amendments 1889-1971, 7.

1969: Changing the voting age to nineteen years, amended by a vote of 109,227 (for) to 102,110 (against). Effective November 20, 1970.Montana Constitutional Convention Memorandum No. 2, Constitutional Amendments 1889-1971, 12.

Constitutional Amendment to Article IX, Section 10, Approved by the Legislature and Submitted to the Electorate from 1889 to 1970:

1923: Qualification of county superintendents and school officers, amended by a vote of 81,814 (for) to 44,920 (against). Effective December 9, 1924.Montana Constitutional Convention Memorandum No. 2, Constitutional Amendments 1889-1971, 7.

Amended 1889 Montana Constitution

Art. IX, Section 2.Montana Constitutional Convention Studies, Report No. 3, The Constitution of Montana and the Constitution of the United States, 29-30. Every person of the age of nineteen (19) years of over, possessing the following qualifications, shall be entitled at all general elections and for all officers that now are, or hereafter may be, elective by the people, and except as hereinafter provided, upon all questions which may be submitted to the vote of the people or electors: First, he shall be a citizen of the Untied States; second, he shall have resided in this state one year immediately preceding the election at which he offers to vote, and in the town, county, or precinct such time as may be prescribed by law. If the question submitted concerns the creation of any levy, debt or liability the person, in addition to possessing the qualification above mentioned, must also be a taxpayer whose name appears upon the last preceding completed assessment roll, in order to entitle him to vote upon such question. Provided, first, that no person convicted of felony shall have the right to vote unless he has been pardoned or restored to citizenship by the governor: provided, second, that nothing herein contained shall be construed to deprive any person of the right to vote who has such right at the time of the adoption of this Constitution; provided, that after the expiration of five years from the time of the adoption of this Constitution, no person except citizens of the Untied States shall have the right to vote.

Art. IX, Section 3.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf. For the purpose of voting no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the State, or of the United States, nor while engaged in the navigation of waters of the state, or of the United States, nor while a student at any institution of learning, nor while kept at any almshouse or other asylum at the public expense, nor while confined in any public prison.

Art. IX, Section 6.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this State in consequence of being stationed at any military or naval place within the same.

Art. IX, Section 8.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf. No idiot or insane person shall not be entitled to vote at any election in this State.

Art. IX, Section 10.Montana Constitutional Convention Studies, Report No. 3, The Constitution of Montana and the Constitution of the United States, 30; Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 8; Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 48. All persons possessing the qualifications for suffrage prescribed by section 2 of this article as amended and such other qualifications as the legislative assembly may by law prescribe, shall be eligible to hold the office of county superintendent of schools or any other school district office.

Art. IX, Section 12.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf. Upon all questions submitted to the vote of the taxpayers of the State, or any political division thereof, women who are tax-payers and possessed of the qualifications for the right of suffrage required of men by this constitution shall equally, with men, have the right to vote.

Other Sources

THE UNITED STATES CONSTITUTIONJames Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 19-20.

14th Amendment, Section 2.https://www.law.cornell.edu/constitution/amendmentxiv Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

15th Amendment.https://www.law.cornell.edu/constitution/amendmentxv Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation.

19th Amendment.https://www.law.cornell.edu/constitution/amendmentxix The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. Congress shall have power to enforce this article by appropriate legislation.

24th Amendment.https://www.law.cornell.edu/constitution/amendmentxxvi Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax. Section 2. The Congress shall have power to enforce this article by appropriate legislation.

26th Amendment.https://www.law.cornell.edu/constitution/amendmentxxvi Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age. Section 2. The Congress shall have the power to enforce this article by appropriate legislation.

Other State Constitutions

In 1972, the Legislative Council Report noted that "[a]ll state constitutions contain an article on suffrage although the articles vary in length and complexity."Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 47. Montana Constitutional Convention Memorandum Number 3 explained recent revisions to various states' constitutions regarding voting: "Voters in half of the States and Puerto Rico voted on proposals dealing with lowering the voting age and/or lowering voter residency requirements during the biennium. In all, proposals dealing with lowering the voting age appeared on the ballot in twenty States and Puerto Rico. Voters in Puerto Rico approved lowering the age from 21 to 18; in Alaska from 19 to 18; in Massachusetts, Minnesota and Montana from 21 to 19; and in Maine and Nebraska from 21 to 20. Proposals to allow suffrage for 19 year-olds were rejected in Colorado, Ohio, Oregon, South Dakota, Washington and Wyoming. Voters in Connecticut, Florida, Hawaii, Illinois, and Michigan defeated proposals to allow 18 year[]-olds to vote. New Jersey voters rejected two separate proposals - - one calling for 18 year-old suffrage and another for 19 year-old suffrage. The defeated New Mexico constitution would have allowed 20 year-olds to vote, and the rejected Arkansas constitution would have kept the voting age at 21 but permitted the Legislature to lower to 18. Seven States (Colorado, Illinois, Maryland, Massachusetts, Ohio, South Dakota and Utah) approved provisions to lower the residency requirement for voting. Iowa voters granted the legislator authority to lower residency requirements. Two States (South Carolina and Utah) lowered the residency requirement to thirty days for voting in presidential elections, while five states (Colorado, Illinois, Maryland, Nevada and South Dakota) adopted measures granting permissive legislative authority to relax requirements for voting in presidential elections."Montana Constitutional Convention Memorandum No. 3, A Collection of Readings on Recent Constitutional Revision Activities in the Fifty States 1967–1970, 19–20.

The Constitutional Convention Delegates condensed six provisions of the 1889 Constitution to define qualified elector in Article IV, Section 2 of the 1972 Constitution. To do so, they considered comparable provisions in other states constitutions and in the Model State Constitution:

Art. IX, Section 2.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf.

"All six constitutions used for comparative purposes ha[d] similar provisions. Two of the six require one year of residence, two require six months, one requires three months, and one leaves all requirements except age to be fixed by law."Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 47. "A presidential Commission on Registration and Voting Participation created in 1963 compiled a list of twenty-one standards for voting requirement. The Commission recommended that: (1) state residence requirements should not exceed six months; (2) local residence requirements should not exceed thirty days; and (3) new state residents should be allowed to vote for president."Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 47.

ALASKA (Section 1, Article V): Every citizen of the United States who is at least nineteen years of age, who meets registration requirements which may be prescribed by law, and who is qualified to vote under this article, may vote in any state or local election. He shall have been, immediately preceding the election, for [illegible] year a resident of Alaska and for thirty days a resident of the election district in which he seeks to vote. He shall be able to read or speak the English language as prescribed by [illegible] unless prevented by physical disability. Additional voting qualifications may be prescribed by law for bond issue election of public subdivisions. Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 2.

HAWAII (Section 1, Article II): Every citizen of the Unite[d] States, who shall have attained the age of twenty years, have been a resident of this state not less than one year next preceding the election and be a voter registered in accordance with law, shall be qualified to vote unless he is also able, except for physical disability, to speak, read, and write the English or Hawaiin language.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 2A.

MICHIGAN (Section 1, Article II): Every citizen of the Untied States who has attained the age of 21 years, who has resided in this state six months, and who meets the requirements of local residence provided by law, shall be an elector and qualified to vote in any election except as otherwise provided in this constitution. The legislature shall define residence for voting purposes. Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 2A.

NEW JERSEY (Part of Section 3, Article II): Every citizen of the United States, of the age of 21 years, who shall have been a resident of this state six months and of the county in which the claims his vote 40 days, next before the election, shall be entitled to vote for all officers that now or hereafter may be elective by the people, and upon all questions submitted to a vote of the people. . .Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 2A.

PUERTO RICO (Part of Section 4, Article VI): . . . Every person over twenty-one years of age shall be entitled to vote if the fulfills the other conditions determined by law. No person shall be deprived of the right to vote because he does not know how to read or write or does not own property. . .Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 2A.

MODEL STATE CONSTITUTION (Section 3.01, Article III): Every citizen of the age of ________ years and a resident of the state for three months shall have the right to vote in the election of all officers that may be elected by the people and upon all questions that may be submitted to the voters; but the legislature may establish: (1) Minimum periods of local residence not exceeding three months, (2) a reasonable literacy test to determine ability, except for physical cause, to read and write English, and (3) disqualifications for voting for mental incompetency or conviction of felony.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 2A.

Art. IX, Section 3.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf.

"Only two of the six constitutions used for comparative purposes ha[d] a similar provision."Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 48.

HAWAII (Section 3, Article II): No person shall be deemed to have gained or lost residence simply because of his presence or absence while employed in the service of the United States, or while engaged in navigation or while a student at any institution of learning.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 3.

NEW JERSEY (Part of Section 4, Article II): In time of war no elector in the military service of the State or in the armed forces of the United States shall be deprived of his vote by reason of absence from his election district . . .Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 3.

Art. IX, Section 6.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf.

There were no comparable sections in the Model State Constitution or the State Constitutions of Alaska, Michigan, or Puerto Rico.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 6.

HAWAII (Section 3, Article II): No person shall be deemed to have gained or lost residence simply because of his presence or absence while employed in the service of the United States . . .Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 6.

NEW JERSEY (Section 5, Article II): No person in the military, naval or marine service of the United States shall be considered a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 6.

Art. IX, Section 8.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf.

The Legislative Council Report noted that "three of the six constitutions used for comparative purposes have similar sections and two additional constitutions vest authority in the legislature to exclude persons from voting because of mental incompetence."Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 48.

ALASKA (Part of Section 2, Article V): . . . No person may vote who has been judicially determined to be of unsound mind unless the disability has been removed.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 8.

HAWAII (Part of Section 2, Article II): No person who is non compos mentis . . . shall be qualified to vote.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 8.

MICHIGAN (Part of Section 2, Article II): The legislature may by law exclude persons from voting because of mental incompetence . . .Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 8.

NEW JERSEY (Section 6, Article II): No idiot or insane person shall enjoy the right of suffrage.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 8.

Art. IX, Section 10.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf.

Section 10 did not have a comparable section in the Model State Constitution or the State Constitutions of Alaska, Hawaii, Michigan, New Jersey, or Puerto Rico.Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 8; Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 48-49.

Art. IX, Section 12.http://courts.mt.gov/portals/113/library/docs/1889cons.pdf.

Not one "of the six constitutions used for comparative purposes ha[d] similar provisions."Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 48-49; Montana Constitutional Convention Occasional Papers, Report No. 5, Comparison of Article IX of the Montana Constitution with Similar Articles in the Constitutions of Selected Other States, 12.

Legislative Council Report

The Legislative Council Report made the following recommendations:

Art. IX, Section 2. The Legislative Council recommended "that state residence requirements should be set at six months and local residency requirements should be fixed by statute rather than by constitutional provision." The Council suggested that the section be amended to read:Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 47. “Section 2. (1) Except as provided in subsections (2) and (3) of this section, a person is qualified to vote for all officers and on all questions if he: (a) has attained the age of twenty-one (21) years; (b) is a citizen of the United States; (c) has resided in this state six (6) months and in the county, municipality, or precinct the time fixed by law immediately preceding the election at which he offers to vote. (2) To vote on the creation of a levy, debt, or liability a person must have the qualifications specified by subsection (1) of this section and must also be a taxpayer listed on the last completed assessment roll. (3) A person convicted of a felony is not entitled to vote unless pardoned by the governor.”Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 47-48.

Art. IX, Section 3. Even though only “two of the six constitutions used for comparative purposes” had similar provisions, the Legislative Council concluded that Section 3 of the 1889 Constitution was adequate.Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 48.

Art. IX, Section 6. The Legislative Council Report stated, “[t]he archaic language in this section which refers only to sailors should be replaced by a more adequate reference to all persons in the armed forces of the United States.” Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 47. The Council concluded that the 1889 language in Section 6 was “obsolete” and suggested it should be revised to read: “No person in the armed forces of the United States shall be deemed a resident in consequence of being stationed at a military installation within the state.” Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 48.

Art. IX, Section 8. The Council recommended that this section be repealed. It suggested that mental incompetence was better defined by statute.Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 48.

Art. IX, Section 10. The Council Report found this section to be “unnecessary” and suggested it be repealed.Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 48-49.

Art. IX, Section 12. The Legislative Council Report noted that not one “of the six constitutions used for comparative purposes have similar provisions.” It also pointed out that the “effect of this section was negated by the 1914 amendment to Section 2 of this article,” in which women were granted the right to vote on all issues, and suggested the section be repealed.Montana Constitutional Convention Occasional Papers, Report No. 6, Legislative Council Report on the Montana Constitution, 48-49.

Constitutional Convention Subcommittee Proposed Revisions

The Subcommittee proposed deleting sections 3, 6, 8, 10, and 12, along with other provisions of 1889’s Article IX. Montana Constitutional Convention Occasional Papers, Report No. 7, Constitutional Provisions Proposed by Constitution Revision Commission Subcommittees, 52-54. It believed those sections were statutory and that they could be replaced by the proposed Section 2 ("The legislature shall enact laws to preserve the purity of elections, to preserve the secrecy of the ballot, and to guard against abuses of the elective franchise.”). Montana Constitutional Convention Occasional Papers, Report No. 7, Constitutional Provisions Proposed by Constitution Revision Commission Subcommittees, 52, 54.

Additionally, the Subcommittee proposed changes to Article IX, Section 2, suggesting that (1) the residency requirement be lowered from one year to six months; (2) a provision be added to allow new residents to vote for present; and (3) obsolete language be deleted.Montana Constitutional Convention Occasional Papers, Report No. 7, Constitutional Provisions Proposed by Constitution Revision Commission Subcommittees, 50. These suggestions were tailored to a "presidential Commission of Registration and Voting Participation created in 1963," where a list of twenty-one standards for voting requirements was compiled. The Commission recommended that: (1) state residence requirements should not excee[d] six months; (2) local residence requirements should not exceed thirty days; and (3) new state residents should be allowed to vote for president.Montana Constitutional Convention Occasional Papers, Report No. 7, Constitutional Provisions Proposed by Constitution Revision Commission Subcommittees, 50-51.

The Subcommittee agreed with the Legislative Council's recommendations of a six month state residence requirement and setting local residence requirements by statute, but also wanted to add a section giving the legislature authority to lessen resident requirements for voting in the election for President and Vice-President of the United States.Montana Constitutional Convention Occasional Papers, Report No. 7, Constitutional Provisions Proposed by Constitution Revision Commission Subcommittees, 51.

The Subcommittee suggested the following language: “(1) Except as provided in subsections (2) and (3) of this section, a person is qualified to vote for all officers and on all questions if he: (a) has attained the age of twenty-one (21) years; (b) is a citizen of the United States; (c) has resided in this state six (6) months and in the county, municipality, or precinct the time fixed by law immediately preceding the election at which he offers to vote. (d) For purposes of voting in the election for President and Vice-President of the United States only, the legislature may by law establish lesser resident requirements for citizens who have resided in this state for less than six months. (2) To vote on the creation of a levy, debt, or liability a person must have the qualifications specified by subsection (1) of this section and must also be a taxpayer listed on the last complete assessment roll. (3) A person convicted of a felony is not entitled to vote unless pardoned by the governor.” Montana Constitutional Convention Occasional Papers, Report No. 7, Constitutional Provisions Proposed by Constitution Revision Commission Subcommittees, 50.

The Subcommittee also provided information regarding the taxpayer voter-qualification. It pointed out that "twelve state constitutions, including Montana, require property tax or other taxpaying provisions as qualifications for voting in elections: Arizona, California, Colorado, Idaho, Kansas, Montana, Nevada, New York, Oregon, Pennsylvania, Virginia, and Washington. These qualifications are generally applicable only to elections on local bonds issues, tax levying or bond and tax levying issues for school districts. The Montana provision was added [to Section 2] by amendment in 1932: 'If the question submitted concerns the creation of any levy, debt or liability the person, in addition to possessing the qualifications above mentioned, must also be a taxpayer whose name appears upon the last preceding completed assessment roll, in order to entitle him to vote upon such question.'" Montana Constitutional Convention Occasional Papers, Report No. 7, Constitutional Provisions Proposed by Constitution Revision Commission Subcommittees, 51.

The Subcommittee provided arguments for and against property taxpaying qualifications. It stated, "Proponents of property taxpaying qualifications contend: (1) Because local tax revenues are derived chiefly from real property taxation, property owners should have the sole right to decide upon questions of local fiscal policy that are submitted to the electorate. (2) Since non-propertied residents would not have to meet the costs of the decisions made, permitting them to participate in the elections may invite fiscal irresponsibility."Montana Constitutional Convention Occasional Papers, Report No. 7, Constitutional Provisions Proposed by Constitution Revision Commission Subcommittees, 51. The Subcommittee also provided the arguments of the opponents: "(1) Non-propertied residents do indirectly bear the burden of taxation because landlords pass their operating costs, including taxes, on to their tenants in the form of rent. (2) Property qualifications create distinctions which are fundamentally at odds with democratic principles."Montana Constitutional Convention Occasional Papers, Report No. 7, Constitutional Provisions Proposed by Constitution Revision Commission Subcommittees, 51.

The Subcommittee questioned the "continued validity of the property qualification under the federal constitution," citing Harper v. State Board of Elections, 383 U.S. 663 (1966) for its broad reasoning that "a State violates the Equal Protection Clause of the Fourteenth Amendment whenever it make the affluence of the voter or payment of any fee an electoral standard. Voter qualifications have no relation to wealth or to paying or not paying this or any other tax."Montana Constitutional Convention Occasional Papers, Report No. 7, Constitutional Provisions Proposed by Constitution Revision Commission Subcommittees, 52. It pointed out additional problems with property taxpaying qualifications: "[p]roperty qualifications for voting in revenue bond elections have already been declared unconstitutional in a recent Louisiana decision by the Supreme Court. The Montana attorney general has advised units of local government in Montana of this decision and its effect on revenue bond elections and implications for general obligation bond elections."Montana Constitutional Convention Occasional Papers, Report No. 7, Constitutional Provisions Proposed by Constitution Revision Commission Subcommittees, 52.

Montana Constitutional Convention Study, Report Number 11, Suffrage and Elections

In a lengthy study conducted for the Constitutional Convention, James Grady discussed suffrage.James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 25-42. He considered many qualifications, including United States citizenship, age, residency, education, economic, as well as disqualifications, including crime and mental incompetence.

United States Citizenship Qualification. James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 27. Grady suggested that a length of citizenship requirement was unnecessary, as a “naturalized citizen must meet strict standards for citizenship” and “federal law forbids naturalization within sixty days of a general election.” James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 26.

Age Qualification.James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 28. Grady cited the 26th Amendment to the U.S. Constitution, which was ratified by two-thirds of states in 1971. The Amendment “lowered the legal voting age to eighteen for all elections.” At the time, Montana’s Constitution still listed the voting age as nineteen, but the 26th Amendment had already superseded the age limit.

Residency Qualification.James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 29. The residency requirement involved multiple considerations, including people moving intra-state, inter-state, and gain or loss of residence for various reasons.James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 29-34.

Education Qualification.James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 25-42. Grady cited the 1970 Voting Rights Act, which nationally suspended literacy tests as a qualification for voting. Grady suggested that “most literacy tests would [not] withstand full judicial review” because of “the degree of federal restrictions on literacy tests” and the “controversy among education experts as to what constitutes literacy.” James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 37.

Economic Qualification.James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 37. Grady observed that Montana’s property taxpayer qualifications were “invalid and unconstitutional [as declared] by the United States Supreme Court.”James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 37. He suggested that the Constitutional Convention would need to eliminate the “invalid and obsolete constitutional provision” that the 1932 Amendment added to Article IX, Section 2 of the 1889 Constitution.James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 38.

Crime Disqualification.James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 38. Other sources did not discuss voting disqualifications for criminals, instead mostly focusing on residency and age requirements. Grady’s study thoroughly discussed this issue:

“All state constitutions with the exception of Indiana, Massachusetts, Pennsylvania and Vermont, mandate or authorize the legislature to provide the exclusion from voting of persons convicted of certain crimes. Such provisions are included because it is thought that convicted criminals, by their conduct, have demonstrated irresponsibility and opposition to basic social standards, and should be permanently ostracized from the polity.

Three methods are usually employed to designate the crimes which are to involve disfranchisement. Some constitutions make a general statement such as ‘felony’ or ‘infamous crime,’ others contain lists of specific crimes and still others authorize the legislature to prescribe the offenses on conviction of which the elector shall forfeit his voting privileges. Article IX, Section 2 of the Montana Constitution disenfranchises those convicted of a felony. A felony, under the Revised Codes of Montana, 1947, Sec. 94-114 is a crime which is punishable with death or by imprisonment in the state prison.

At least twenty-six state constitutions permit persons disfranchised for conviction of certain crimes to have their voting privileges restored by means other than pardon. Such provisions most commonly state that disfranchisement continues “unless restored to civil rights.” The Colorado Constitution limits disfranchisement to the full term of imprisonment:

‘[B]ut every such person who was a qualified elector prior to such imprisonment, and who is released therefrom by virtue of a pardon, or by virtue of having served out his full term of imprisonment, shall, without further action, be invested with all rights of citizenship, except as provided in this constitution. [Art. VII, Sec. 10].’

Several constitutions provide for permanent forfeiture of voting rights, unless pardoned, upon conviction of the stated crime. Montana is illustrative: ‘[N]o person convicted of felony shall have the right to vote unless he has been pardoned or restored to citizenship by the governor. . .’

Montana’s provision is different from that of some states in that the provision includes the ‘restored to citizenship’ phrase. There has been some confusion as to what restoration of citizenship means, and some confusion as to who has the power to restore citizenship.

Critics of permanent disfranchisement contend that the conception of the convicted criminal as an “outlaw” has become obsolete, that criminals re no longer regarded as enemies of society but rather as persons in need of treatment. In addition, permanent exclusion implies that the penal system is a failure. According to one authority:

‘The presumption should be that when a man comes out of the penitentiary he is once more fit to resume normal civic relationships. If he is not fit he ought not be released; if he is fit he ought not be deprived of the franchise.’

In 1964 the National Conference of Commissioners on Uniform State Laws approved and recommended for enactment a Uniform Act on Status of Convicted Persons. The act seeks to overcome the exclusion of convicted felons from participation in traditional civil rights even after release. In particular it attempts to clarify and make uniform the effect of conviction on the right to vote and to hold public office. Section 2(a) of the act provides:

‘A person sentenced for a felony, from the time of his sentence until his final discharge, may not: (1) vote in an election, but if execution of sentence is suspended with or without the defendant being placed on probation or he is paroled after commitment to imprisonment, he may vote during the period of the suspension or parole. . .’

The American Law Institute in its proposed official draft of a Model Penal Code has also suggested the restoration of all civil rights to discharged convicts. The provision states:

‘Notwithstanding any other provision of law, a person who is convicted of a crime shall be disqualified (1) from voting in a primary election if and only so long as he is committed under a sentence of imprisonment. . .’

If disenfranchisement of released criminals is deemed desirable, some authorities contend that the class of crimes and the period of disfranchisement should be specified in the constitution. They argue that if the matter is left to the legislature the power may be abused and policy altered from year to year. Others recommend that the legislature be given permissive power to exclude from the right of suffrage person convicted of any felony. Changing concepts in the role of penal reform and its success make freezing the basis and extent of the disqualification unwise.

Some states hold denial of voting privileges to a convicted felon after he has been released from prison as illegal. The decision of the Supreme Court of California in Otsuka v. Hite illustrates the erosion of the permanent punishment concept of felony conviction. It held that the state could not deny the vote to a convicted felon whose offense was resistance to the World War II draft for reasons of conscientious objection. The court reasoned that only compelling state interests can justify franchise exclusions and concluded that the only crimes for which a state can withhold the vote are those related to the integrity of the electoral process.

It also should be noted that the Montana constitutional provision for disenfranchisement of convicted felons seems to contradict the constitutional provision in Article III, Section 24 which states: ‘Laws for the punishment of crime shall be founded on the principles of reformation and prevention. . .’” .James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 38-41 (internal footnotes omitted).

Unsound Mind Disqualification.James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 41. Grady’s study was also one of the only sources to discuss the mental incompetence voter disqualification:

“In all states voting privileges are denied to the mentally unsound either by constitutional provision, statute or judicial decision. The Montana Constitution, in Article IX, Section 8, provides ‘No idiot or insane person shall be entitled to vote at any election in this state.’ The Revised Codes of Montana, 1947, provide for the cancellation of registry of person adjudicated insane.

Some authorities find that in light of modern research into mental illness, it seems unlikely that institutionalization itself is an adequate criterion for disqualification. In one study of nonchronic, young adult psychotics in an intensive-treatment hospital, these psychotics, when compared with a control group, were found to be no more ‘illogical, inconsistent, or unprepared to fulfill their obligations as citizens than a similar group of individuals who are not identified as emotionally unstable.’” .James Grady, Montana Constitutional Convention Studies, Report No. 11, Suffrage and Elections, 41 (internal footnotes omitted).

Drafting

Delegate Proposals

Delegate Proposal No. 82 (Brown): Any citizen of the United States who is eighteen (18) years of age or older, and meets the registration and residence requirements of the state and political subdivision is a qualified elector, except that no person [w]h[o] is serving a sentence for a felony in a penal institution or who his judged of unsound mind by a court may vote.I Montana Constitutional Convention Proceedings 191 (Feb. 2, 1972).

Delegate Proposal No. 131 (Bugbee, Cate, Harper, Reichert): Prior registration shall not be a qualification for voting at an election in Montana. The legislature shall provide methods for establishing voter qualifications on election day at the polling places."I Montana Constitutional Convention Proceedings 260 (Feb. 3, 1972).

Delegate Proposal No. 176 (Kelleher): Citizens eligible to register to vote and who fail to register acd [sic] to vote shall be guilty [o]f a crime and subject to punishment as prescribed by the legislature.I Montana Constitutional Convention Proceedings 330 (Feb. 4, 1972). This proposal was considered but subsequently rejected by the Judiciary Committee during its deliberations.I Montana Constitutional Convention Proceedings 531-32.

Delegate Proposal No. 178 (McKeon): (1) Every person of majority age as defined by law, who is a citizen of the United States, and has resided in the state, county and precinct of his residence for the time prescribed by law and who is of sane mind is an elector in the state of Montana. No further qualifications [o]ther than majority age, citizenship, residency and sanity may be imposed upon the electors of this state. (2) The legislative assembly may secure the purity of elections and guard against abuses of the elective franchise through the use of registry list of all electors, [p]rovided such laws place upon state government or its subdivisions the burden of compiling and maintaining such list and provided further that electors not so registered may exercise their franchise upon execution of an oath that they meet the [q]ualificati[on]s [o]f an elector in the state of Montana.I Montana Constitutional Convention Proceedings 332 (Feb. 4, 1972).

Committee Work and Revisions

General Government and Constitutional Amendment Committee Proposal on Suffrage and Elections, Letter of Transmittal to the Convention: Ladies and Gentlemen: The General Government and Constitutional Amendment Committee submits herewith a proposed Suffrage and Elections Article. The proposed Article is intended to replace all sections off the present Constitution dealing with suffrage and elections. The committee addressed itself to the fundamental problems concerning suffrage and elections. The committee worked with the basic purpose of making the electoral process as effective and meaningful as possible for the individual Montanan. In deciding so the committee gave careful consideration to several citizen and delegate proposals. Our end product is composed of a majority and minority report. In signing either report, a Committee member does not necessarily endorse each and every statement in it. The committee utilized the services of the following people: James Grady (Research Analyst), Bobbie Murphy (secretary) and Robert Skaggs (Intern).I Montana Constitutional Convention Proceedings 334 (Feb. 12, 1972).

General Government and Constitutional Amendment Committee Proposal on Suffrage and Elections, Text of Majority Proposal (Etchart, Harlow, Belcher, Brown,Choate, Habedank): Section 2. Any citizen of the United States who is 18 years of age or older, an[d] meets the registration and residence requirements of the state and political subdivision is a qualified elector, except that no person who is serving a sentence for a felony in a penal institution or who is judged of unsound mind by a Court may vote."I Montana Constitutional Convention Proceedings 336 (Feb. 12, 1972).

General Government and Constitutional Amendment Committee Proposal on Suffrage and Elections, Comments on Majority Proposal: [Section 2] embodies all of the proposed Constitutional qualification[s] for and disqualificati[on]s from voting. In the 1889 Constitution, these qualifications and disqualifications are scattered through six sections of Article IX. The proposed Article Constitutionally give the legislature th[e] major burden for establishing explicit registrati[o]n and residence requirements. The rationale for individual segments of section 2 f[o]llows:

(a) Any citizen of the United States who is 18 years of age or older, . . . : Eighteen is the voting age for all elections as established by the 26th Amendment of the National Constitution. The 1971 Montana Legislature was among the state legislatures that ratified the amendment.

(b) . . . and meets the registration and residence requirements of the state and political subdivision is a qualified elector. . . : This section is self-explanatory.

(c) . . . except that no person who is serving a sentence for a felony in a penal institution or who is judged [o]f unsound mind by a Court may vote . . . : The present Constitution automatically disenfranchises felons (Article IX, section 2), and extends this disenfranchisement even after the person is released from prison. The convicted felon must apply for often difficult-to-receive pardons before he may again vote. The committee feels that this system of permanent punishment is contrary to the best interests of society, in that it does nothing to aid rehabilitation of a criminal. Indeed,a provision disenfranchising a felon attaches a stigma to the person, and hinders rehabilitation. Additionally, a disqualification provision . . . [illegible] . . . of the rational for prisoner release: The presumption is that when a man comes out of prison he should be encouraged to resume normal civic relationships.

As for the provision disenfranchising those adjudicated as unsound in mind, the committee feels that with the new and ever-expanding developments in mental hygiene, it is unwise to freeze arbitrary mental disqualification by label into the Constitution. Consequently, the committee has left such decisions for judges to make on an individual case basis.I Montana Constitutional Convention Proceedings 337–38 (Feb. 12, 1972).

[T]he proposed Suffrage and Elections Article deletes several provisions contained in the present Constitution, Article IX. These sections[,] 3, 4, 5, 6, 7, 10, and 12, have either been superseded by judicial review or federal action or do not have enough redeeming value to be left in the Constitution. Discussion by section of those sections of the present Constitution follows [text of Montana's 1889 Constitution omitted]:

Section 3 does not limit anyone from establishing residency in Montana, if the person is otherwise eligible, if that person can show an honest intent to do so. This section is ineffectual, and covered in the proposed section 3.

Section 6 suffers from the same limitations as section 3 and is redundant with that section. It too has no comparable section in the proposed article, though its basic intent is covered in proposed section 3.

Sections 7 and 10 are of parallel intent [w]ith s[e]ction 11 of the present Constitution, and as such are revised by section 4 of the proposed article.

Section 12 is nationally unconstitutional on two counts; property qualification for voti[n]g and implied disenfranchisement on [] sexual basis. There is no comparable section in the proposed article.

All of the other sections of Article IX of the present Constitution have been incorporated or revised in the proposed article.I Montana Constitutional Convention Proceedings 339–40 (Feb. 12, 1972).

Report of Committee on Style and Drafting, Proposed Text: Section 2. QUALIFIED ELECTOR. Any citizen of the United States 18 years of age or older, who meets the registration and residence requirements as provided by law is a qualified elector, unless he is serving a sentence for a felony in a penal institution or is of unsound mind, as determined by a court.II Montana Constitutional Convention Proceedings 845, 847, 1045.

Report of Committee on Style and Drafting, Comments on style, form, and grammar: The grammatical changes achieve brevity without altering substance.II Montana Constitutional Convention Proceedings 846; see also IV Verbatim Transcript 1185 (March 1, 1972).

Finalization

Debate: There was no debate on the provision.See VI Verbatim Transcript 1862-63 (March 10, 1972).

Adoption: The final version of Article IV, Section 2, was voted on March 10, 1972, with 88 Delegates voting in favor and 7 opposed.VI Verbatim Transcript 1862-63 (March 10, 1972). On March 22, 1972, the Delegates unanimously adopted all of Article IV, 97 voting in favor and none voting against.VII Verbatim Transcript 2934-35 (March 22, 1972).

Ratification

[Ratification includes official and unofficial voter guides, commentary, and contemporaneous reporting about the provision.]

Interpretation

[Interpretation includes cases, legislation, executive action, official speeches, and other materials applying the provision.]

Commentary

[Commentary includes post-ratification scholarship, reporting, and other commentary on the provision.]