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Secretary of State Linda McCulloch
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Elections & Government Services
P.O. Box 202801
Helena, MT 59620-2801
State Capitol, Room 260
1301 6th Avenue
Helena, MT 59620
(406) 444-4732
Fax (406) 444-2023
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Lisa Kimmet
Ballot Initiative Process

Constitutional Initiative No. 102 (CI-102)

BALLOT LANGUAGE

CONSTITUTIONAL INITIATIVE 102

A CONSTITUTIONAL AMENDMENT PROPOSED BY INITIATIVE PETITION.

The due process section of the Montana Constitution provides that no person shall be deprived of life, liberty, or property without due process of law. CI-102 amends the due process section of the Montana Constitution to define “person” as used in that section to include every human being regardless of age, health, function, physical or mental dependency, or method of reproduction, from the beginning of the biological development of that human being. It directs the legislature to implement this definition of person by appropriate legislation.

[    ] FOR amending the Montana Constitution’s due process section to define “person” to include every human being from the beginning of the human being’s biological development.

[    ] AGAINST amending the Montana Constitution’s due process section to define “person” to include every human being from the beginning of the human being’s biological development.

COMPLETE TEXT

SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE II OF THE MONTANA CONSTITUTION DEFINING "PERSON" FOR THE PURPOSES OF SECTION 17 OF THAT ARTICLE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

Section 1. Article II section 17 of The Constitution of the State of Montana is amended to read:

Section 17. Due process of law. (1) No person shall be deprived of life, liberty, or property without due process of law.

(2) As used in this section, the word "person" applies to all human beings, irrespective of age, health, function, physical or mental dependency or method of reproduction, from the beginning of the biological development of that human being.

(3) The legislature shall implement this section by appropriate legislation.

NEW SECTION. Section 2. Saving clause. This amendment does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this amendment.

NEW SECTION. Section 3. Severability. If a part of this amendment is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this amendment is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid application.

NEW SECTION. Section 4. Effective date. This amendment is effective upon approval by the electorate.

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Elections and Government Services Division • P.O. Box 202801 • Helena, MT 59620-2801
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