Legals for October, 9 2024

NO. 1794 The following is the complete text of Constitutional Initiatives No. 126, No. 127, and No. 128, which will be submitted to the voters of the state of Montana at the November 5, 2024, General Election. The text is being published per the requirement of 13-27-311, Montana Code Annotated. THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 126 (CI-126) BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Article IV of The Constitution of the State of Montana is amended by adding a new section 9 that reads: Section 9. Top-four primary election for certain offices. (1) As used in this section, the term “covered office” means the office of governor, lieutenant governor, secretary of state, auditor, attorney general, superintendent of public instruction, state representative, state senator, United States representative, United States senator, and other offices as provided by law. (2) The election for a covered office must consist of a primary election followed by a general election in which each of the four candidates for a covered office who receive the most votes in the primary election, and only those candidates, shall appear on the general election ballot. (3) In an election for a covered office, the following conditions apply: (a) All candidates, regardless of political party preference, affiliation, nomination orlack ofpolitical party preference, affiliation, or nomination shall appear on the same primary election ballot separated by office. (b) Qualified electors, regardless of political party preference or affiliation or a lack thereof, may participate in the primary election for each covered office for which they are eligible to vote. (c) Each qualified elector may vote for no more than one candidate for each office in the primary election. (d) If it cannot be determined which four candidates received the most votes in the primary election because two or more candidates are tied, the tie shall be broken as provided by law. (e) If four or fewer candidates for a covered office qualify for the primary election ballot, a primary election is not required and all candidates shall appear on the general election ballot. (f) A space for write-in candidates may appear on the primary election ballot as provided by law. (g) A candidate may not be required to obtain the endorsement or nomination of any political party or organization in order to qualify for the primary election ballot. (h) If the legislature requires candidates to obtain signatures to qualify for the primary election ballot, the number of signatures required may not exceed 5% of the total votes cast for the candidate elected for the same office in the last general election for that office. (i) A candidate may choose to have displayed next to the candidate’s name on the ballot the candidate’s preference for a political party or that the candidate prefers no political party. The format options must be as follows: “Party Preference ___” or “No Party Preference.” (j) The ballot may not indicate that a candidate has been endorsed by or nominated by any political party. (k) Each ballot must include a clear and conspicuous statement informing voters that a candidate’s indicated political party preference does not imply that the candidate is nominated or endorsed by the political party or that the political party approves of or associates with the candidate. (4) This section may not be construed to amend, repeal, or modify Article VI, section 2 of the Montana constitution. (5) This section does not apply to special elections for covered offices. NEW SECTION. Section 2. Severability. If a part of[this act] isinvalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. NEW SECTION. Section 3. Effective date. [This act] is effective January 1, 2025. NEW SECTION. Section 4. Applicability. [This act] applies to elections for covered offices as defined in [section 1] held on or after January 1, 2025. THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 127 (CI-127) BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA: Section 1. Article IV, section 5 of The Constitution of the State of Montana is amended to read: Section 5. Result of elections. (1) As used in this section, the term “covered office” means the office of governor, lieutenant governor, secretary of state, auditor, attorney general, superintendent of public instruction, state representative, state senator, United States representative, United States senator, and other offices as provided by law. (2) In all elections held by the people for an office other than a covered office, the person or persons receiving the largest number of votes shall be declared elected. (3) In all elections held by the people for a covered office, the person receiving a majority of votes as determined as provided by law shall be declared elected. If it cannot be determined which person received a majority of votes because two or more persons are tied, the elected person shall be determined as provided by law. NEW SECTION. Section 2. Severability. If part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. NEW SECTION. Section 3. Effective date. [This act] is effective January 1, 2025. NEW SECTION. Section 4. Applicability. [This act] applies to elections held on or after January 1, 2025. THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 128 (CI-128) Article II of The Constitution of The State of Montana is amended by adding a new section 36 that reads: Section 36. Right to make decisions about pregnancy. (1) There is a right to make and carry out decisions about one’s own pregnancy, including the right to abortion. This right shall not be denied or burdened unless justified by a compelling government interest achieved by the least restrictive means. (2) The government may regulate the provision of abortion care after fetal viability provided that in no circumstance shall the government deny or burden access to an abortion that, in the good faith judgment of a treating health care professional, is medically indicated to protect the life or health of the pregnant patient. (3) The government shall not penalize, prosecute, or otherwise take adverse action against a person based on the person’s actual, potential, perceived, or alleged pregnancy outcomes. The government shall not penalize, prosecute, or otherwise take adverse action against a person for aiding or assisting another person in exercising their right to make and carry out decisions about their pregnancy with their voluntary consent. (4) For the purposes of this section: (a) A government interest is “compelling” only if it clearly and convincingly addresses a medically acknowledged, bona fide health risk to a pregnant patient and does not infringe on the patient’s autonomous decision making. (b) “Fetal viability” means the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures. Sept. 18, 25 and Oct. 9, 23, 2024 MNAXLP __________________________

NO. 1795 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF Montana All-Alcoholic Beverages with Catering Endorsement License 406 SBF ENTERPRISE, LLC (Leaha & Nicholas Justus, Owner(s)) has applied to transfer MontanaAll-Alcoholic Beverages with Catering Endorsement License No. 07-999-2634-002 to be operated at SILVER BULLET BAR, 1700 Mt Highway 206, Columbia Falls, Flathead County. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location Flathead County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor’s full name, mailing address, and street address; (2) the license number 07-999-2634-002 and the applicant’s name 406 SBF ENTERPRISE, LLC; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor’s signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant’s qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before October 19, 2024. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Columbia Falls. All valid protestors will be notified of the hearing’s time, date and location. Hearings typically are scheduled within 90 days. A protester’s hearing testimony is limited to the grounds in the protester’s letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Witt Williams, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-3505 or Witt.Williams@mt.gov. October 2, 9, 2024 MNAXLP __________________________