Seattle to File Sanctuary Cities Lawsuit

The city of Seattle announced they will file a lawsuit challenging the Trump administration’s plan to withhold federal dollars from sanctuary cities. [View this email in your browser]( [Ballotpedia]( [Facebook]( [Twitter]( [The Tap]( The week in review: March 25 - March 31 What's on tap next week: April 1 - April 7 Highlights State - On Thursday, March 30, North Carolina Gov. [Roy Cooper]( (D) signed a [law]( repealing House Bill 2 (HB2), the 2016 transgender bathroom use law. The law required transgender individuals in public facilities to use the bathroom that corresponded to the gender listed on their birth certificate. In addition to repealing the bathroom portion of the bill, the new law also places a moratorium on local nondiscrimination laws through 2020. Advocates for the legislation repealing HB2 argued that the moratorium is necessary so that existing lawsuits over anti-discrimination ordinances can be decided. A representative from the [Human Rights Campaign]( was critical of the new bill, saying it leaves LGBT individuals without protections at the state level and prevents local governments from giving them protection for a number of years. North Carolina is currently one of 19 states under [divided government](. In 2016, it was a Republican trifecta. - House Bill 2 was originally passed in March 2016 as a response to the [Charlotte City Council]( approving an ordinance in February 2016 that would have allowed transgender people to use the bathroom of their choosing based on the gender with which they identify. Before the local LGBT ordinance could go into effect on April 1, 2016, legislators in the [North Carolina General Assembly]( called a one-day special session on March 23, 2016, to address the issue. House Bill 2 and House Bill 142 are examples of [preemption]( or a state government superseding a local government’s policy. To read more about this and other types of preemption conflicts around the country, click [here](. Local - On Wednesday, March 29, leaders in the city of [Seattle]( announced they will file a lawsuit [challenging]( the Trump administration’s plan to withhold federal dollars from communities classified as [sanctuary cities](. The suit will be filed in the [U.S. District Court]( for the Western District of Washington. The announcement, made by Mayor [Ed Murray]( (D) and City Attorney Pete Holmes, came days after U.S. Attorney General [Jeff Sessions]( said he would withhold community policing grants from sanctuary cities. Seattle’s suit argues that the federal government cannot coerce action from local police departments by withholding funding and that Seattle does not collect information on immigrants living in the country illegally. If this information were to be requested, city officials argue they would not be able to provide it, making Seattle’s decision not to cooperate with federal Immigrations and Customs Enforcement legal. In a press conference, Murray said the president’s executive order was unconstitutional. Seattle is the largest city in Washington and the [21st-largest city]( in the U.S. by population. - Lawmakers in [Travis County, Texas]( also [joined]( a lawsuit to block the executive order on sanctuary cities. Travis County commissioners voted 4-1 to support a lawsuit with 34 other cities and counties across the country. Commissioner Gerald Daughtery was the dissenting vote. The lawsuit, begun in January 2017, claims that President Trump’s executive order is unconstitutional. Travis County Judge [Sarah Eckhardt]( argued that the order violates states’ rights. Texas Governor [Greg Abbott]( (R) supports the Trump administration’s order and rescinded $1.5 million in grants to various Travis County programs. This move may be related to County Sheriff [Sally Hernandez’s]( (D) preference to continue limited cooperation with ICE. The county seat of Travis County is Austin. Austin is the fourth-largest city in Texas and the [11th-largest city]( in the U.S. by population. - [Click here]( to read Ballotpedia’s coverage of sanctuary policy preemption conflicts between the federal government and local governments across the United States. State Politics The Week In Review Ballot Measures Update 2017 - So far, f[ive statewide measures]( are certified to appear on the ballot in 2017 in [Maine]( [New York]( [New Jersey]( and [Ohio]( [citizen initiated]( measure, three [legislatively referred]( measures, and one measure [automatically referred]( to the ballot by the state constitution. Moreover, voters in Puerto Rico will decide [a referendum]( on June 11—and another in October depending on the results of the June referendum—asking whether they want statehood or independence/free association. Over the previous five odd-year election cycles, an average of about seven citizen-initiated measures and 34 total statewide measures have appeared on ballots. - No new measures were certified for the 2017 ballot last week. - The next [signature filing deadline]( for citizen initiatives in 2017 is in [Ohio]( on July 5. - By [this time in 2013]( one measure had been certified for the 2013 ballot; by [this time in 2015]( five measures had been certified for the 2015 ballot. - Two [indirect initiatives]( addressing [casinos]( and [one addressing Medicaid expansion]( under the ACA—were certified as valid and sufficient and sent to the legislature in Maine; they will go before voters if the legislature does not approve them unaltered. 2018 - [Fourteen measures]( are certified to appear on statewide ballots in [2018]( so far—five [citizen initiated]( measures, eight [legislatively referred]( measures, and one measure [automatically referred]( to the ballot by the state constitution. Over the previous five even-year election cycles, an average of 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots. - [Two new measures]( were certified for 2018 ballots last week. - By [this time in 2013]( 10 measures had been certified for the [2014 ballot]( by [this time in 2015]( 12 measures had been certified for the [2016 ballot](. Saturday, March 25 Louisiana Judicial Elections - Two seats on the [Louisiana Circuit Courts of Appeal]( were up for election. Three Republican candidates competed for the Third Circuit seat of [James Genovese]( (R), who was elected to the [Louisiana Supreme Court]( in 2016. Two Democratic candidates also faced off to succeed the retired [Dennis Bagneris]( (D) on the Fourth Circuit. Another seat was up for election, but [Allison H. Penzato]( (R) won the seat automatically after being the only candidate to file. She will succeed the retired [Ernest Drake]( on the First Circuit. - [Candyce Perret]( (R) and [Susan Theall]( (R) advanced to the runoff for the Third Circuit seat. Meanwhile, [Paula Brown]( (D) won the Fourth Circuit seat. - One other seat on these courts will be up for election later in 2017. Judge [Paul Bonin]( was elected to a local judgeship in 2016, so an election will be held to decide his successor. Louisiana Special Elections - A trio of [special elections]( took place for seats in the [Louisiana House of Representatives](. If any candidate in a race won more than 50 percent of the vote, they won election. Otherwise, the top two vote-getters would advance to a runoff election on April 29, 2017. Republicans were guaranteed to pick up one seat in the election, as a race for a Democratically-held seat featured only Republican candidates. - The [District 8]( seat became vacant following [Mike Johnson's]( (R) election to the U.S. House in [2016](. [Raymond Crews]( (R) and [Robbie Gatti Jr.]( (R) advanced to the runoff over [Patrick Harrington]( (R) and [Michael "Duke" Lowrie]( (R) in the special election. - The [District 42]( seat became vacant following [Jack Montoucet's]( (D) appointment as the new secretary of the Louisiana Department of Wildlife and Fisheries by Gov. [John Bel Edwards]( (D). [John Stefanski]( (R) defeated [Jay Suire]( (R) in the special election. No Democrats filed for the seat. The District 42 seat was the first state legislative seat to switch parties as a result of a special election in 2017. - The [District 92]( seat became vacant following [Tom Willmott's]( (R) election to the Kenner City Council. [Joe Stagni]( (R) defeated [Chuck Toney]( (D) and [Gisela Chevalier]( (R) in the special election. Utah Governor Signs Abortion Legislation - Utah Gov. [Gary R. Herbert]( (R) signed a [bill]( into law that will require doctors to inform women that medication-induced abortions can be stopped after taking one of the two pills. The American Congress of Obstetricians and Gynecologists, however, says that there is no medically-accepted evidence that the process can be interrupted. Arkansas, Arizona, and South Dakota have all passed similar legislation in recent years. The Arizona law was repealed after Planned Parenthood filed a lawsuit against it. Utah is currently one of 25 [Republican trifectas.]( Monday, March 27 Iowa Legislature Approves Workers’ Comp Changes - The [Iowa State Senate]( [29-21]( along party lines to approve legislation that changes a number of factors in the state’s workers’ compensation laws. Since it was already approved by the [state House]( the bill now goes to Gov. [Terry Branstad]( (R) for a signature. Business groups in favor of the bill say it reins in costs and also rebalances a system that had started to favor employees over employers. Opponents, however, say the bill reduces aid to those who need it most and that current laws were competitive with those in other states. Branstad has previously expressed support for a change to the system and is expected to sign the bill into law. Iowa is currently one of 25 [Republican trifectas](. - Specifically, the new legislation will reduce legal fees attorneys can collect for workers’ compensation cases. It also reduces the fines employers are forced to pay when they are late in paying out benefits. The new law specifically reduces coverage of shoulder injuries, which are common at the state’s meatpacking plants. In total, the new law is expected to reduce payouts from the state Workers’ Compensation Fund by about $1.8 million a year beginning in the 2018 budget year. Arkansas House Approves Amendment to Restrict Constitutional Amendments - The [Arkansas House of Representatives]( voted 79-10 in favor of [House Joint Resolution 1003]( a constitutional amendment that would make it [more difficult]( to put constitutional amendments before voters—either through [citizen initiatives]( or [legislative referrals]( make it more difficult to pass amendments once they reach the ballot. HJR 1003 now goes before the [Arkansas State Senate]( and then before voters in 2018 if the Senate passes the resolution. Specifically, the proposal would require a 60 percent supermajority in a statewide election to approve constitutional amendments, require a two-thirds supermajority vote in both chambers for the legislature to refer constitutional amendments to the voters, make the state's [distribution requirement]( more strict by requiring half of the required percentage of signatures in each of 25 counties instead of the 15 currently required, require initiative signature petitions to be submitted 180 days before the election instead of 123 days before the election as currently required, and enact other ballot measure-related provisions. - The Arkansas state legislature is allowed to refer up to three amendments to voters in even-numbered years. It has already referred two amendments to the November 2018 ballot: a [voter ID requirement]( and [a measure]( to limit attorney fees in civil lawsuits. [Arkansas law]( allows both constitutional amendments and state statutes to be put on the ballot through [citizen initiatives](. - Of the 49 states in which the legislature [refers]( amendments to the ballot, [19 require]( a two-thirds supermajority vote in one legislative session as HJR 1003 would require. [Ten states]( require a simple majority in one session as Arkansas does now. - [Two other states]( and Florida—[require]( a 60 percent supermajority vote at a statewide election to approve constitutional amendments. Colorado requires a 55 percent supermajority, and New Hampshire requires a 66.67 percent supermajority. Thirty-seven states require a simple majority. Other requirements—such as [double majorities]( or [local vote requirements]( in eight states. - [In 2016]( Arkansas voters decided Issue 6―an initiative amendment legalizing medical marijuana—and three legislatively referred amendments. [Issue 6]( would have failed under HJR 1003 restrictions, while the [three legislative referrals]( would have passed. - The Arkansas State Legislature is one of [several state legislatures]( [Arizona]( [Maine]( and [South Dakota]( consider legislation to make the initiative process more difficult after state voters [approved initiatives]( concerning issues such as marijuana, minimum wage, tax increases, payday lending restrictions, law enforcement, campaign finance laws, and elections in 2016. - Arkansas is one of [25 Republican trifectas](. State Supreme Court Rules on Oklahoma Med. Marijuana Initiative - The [Oklahoma Supreme Court]( [ruled]( in favor of proponents of a medical marijuana initiative, allowing their proposed summary to appear on the ballot instead of the alternative ballot title proposed by then-Attorney General [Scott Pruitt]( (R), which he argued was more objective and accurate. Proponents argued that Pruitt’s rewrite of the ballot title could have made voters think the measure was about recreational marijuana instead of being restricted to medical marijuana. You can read both versions of the ballot titles [here](. This initiative was circulated targeting the 2016 election and a sufficient number of signatures were collected before the deadline on August 11, 2016. The petition was confirmed as sufficient by the state supreme court on September 13, 2016. But the lawsuit filed by initiative proponents over the rewritten ballot title postponed the initiative. It will now appear on the ballot in [November of 2018]( unless the governor calls for an earlier special election. A governor has not selected a date different from the general election for an initiative in Oklahoma since [2005](. - [Twenty-eight]( states and Washington, D.C., have passed laws legalizing or decriminalizing medical marijuana. Additionally, 15 states have legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes. - Voters in [nine states]( decided [marijuana-related]( initiatives in [2016](. - Three of them concerned legalizing medical marijuana, all of which were approved. - Marijuana-related ballot measures could also go before voters in nine other states in [2018](. Verbatim Fact Check [Did Tony Evers fix the achievement gaps in Milwaukee and Madison schools?]( - In the election for Wisconsin superintendent of public instruction, Lowell Holtz claimed that incumbent Tony Evers failed to fix the achievement gaps in Milwaukee and Madison. Superintendents are not solely responsible for addressing educational achievement gaps. Gaps in test scores among black, Hispanic, and white students in Madison and Milwaukee widened between 2005 and 2014. The gap in four-year graduation rates between black and white students widened in Milwaukee between 2010 and 2015 and remained largely unchanged between Hispanic and white students. The gap in four-year graduation rates for both groups narrowed in Madison. Tuesday, March 28 Georgia Senate Passes Campus Carry - The [Georgia State Senate]( voted [33-22]( to approve a bill that would allow guns on the campus of any public college or university in the state. Since the state House previously passed a version of this bill, it will return to the lower chamber to either approve revisions or send the bill to a conference committee. It is no guarantee that the legislation becomes law even if it passes both chambers—Gov. [Nathan Deal]( (R) vetoed similar legislation last year over concerns that the law was too broad. Georgia is currently one of 17 states that does not allow guns on campuses. It is one of 25 [Republican trifectas](. Idaho Governor Vetoes Special Election Law - Idaho Gov. [Butch Otter]( (R) vetoed [legislation]( that would have changed how the state handles special elections for [Congress](. While Idaho has never held a special election for a congressional seat, the rules came to the forefront after then-President-elect Trump interviewed U.S. Rep. [Raul Labrador]( for a potential position in his administration. Otter criticized the law, saying it sacrificed timeliness for structure. Idaho is currently one of 25 [Republican trifectas](. - Current law requires the governor to declare a single election date and allows for anyone to run in the election, regardless of party. The new law would have required the election to be held during one of the state’s four regular consolidated election dates, along with separate primary and general elections. The Montana Senate Passes Constitutional Right to Hunt and Fish - The [Montana State Senate]( voted 30-20—with all 18 Democrats voting no—to put a [constitutional amendment]( guaranteeing a right to hunting, fishing, and trapping before voters. Currently, the constitution guarantees the “opportunity to harvest wild fish and wild game animals." The amendment now goes to the House, where at least 70 of the 100 representatives must vote yes to put the proposal on the ballot in 2018. In Montana, a constitutional amendment must be passed by a [two-thirds vote]( of all members of the [state legislature]( during one legislative session. In other words, both chambers do not need to approve an amendment by a two-thirds vote; rather, the combined yes votes in the House and Senate need to equal two-thirds of all members. There are 59 Republicans and 41 Democrats in the state House. - In 2016, Montana voters rejected [an initiative]( to prohibit using animal traps and snares on state public lands by a margin of 12.7 percent. - [Twenty-one states]( have constitutional provisions allowing [the activities of hunting and fishing.]( Vermont was the first state to constitutionalize such a right in 1777. - Montana is currently one of 25 [Republican trifectas](. Missouri Veto Referendum Petition Targeting Right to Work Cleared for Circulation - The Missouri Secretary of State certified the [official ballot title]( for a [veto referendum]( petition on [Senate Bill 19]( the right to work law passed earlier this year, which means the opponents of right to work who are backing the petition can now start gathering signatures. They have until August 28 to collect the required number of signatures. Missouri [veto referendum]( [require]( signatures equal to five percent of the votes cast in the most [recent gubernatorial election]( in [six of the state's eight]( congressional districts. If petitioners collect signatures in the smallest districts, this requirement amounts to a minimum of 100,126 valid signatures. The ballot title asks if voters want to adopt Senate Bill 19, which means the sponsors of the referendum petition—[Missouri AFL-CIO]( president [Mike Louis]( and [Missouri NAACP]( president Rod Chapel—are hoping electors will vote no if the referendum does reach the ballot. - Missouri voters defeated a [right to work amendment]( in 1978, with 60 percent of voters rejecting it. - Missouri is currently one of 25 [Republican trifectas]( following the 2016 election where the partisan control of the governor’s office changed from Democrat to Republican. - In 2015, Gov. [Jay Nixon]( (D) vetoed a right-to-work bill that the [state legislature]( passed. - There hasn’t been a veto referendum on the ballot in Missouri since [1982](. Wednesday, March 29 Arkansas Governor Signs Abortion By Gender Law - Arkansas Gov. [Asa Hutchinson]( (R) signed a [bill]( into law that will impose fines and prison time on doctors who perform abortions for patients that request them solely on the basis of the child’s gender. The law carries a maximum penalty of a year in jail and a fine of $2,500. Women who request or receive such an abortion would not face any charges. The law is slated to take effect in 2018. According to the Guttmacher Institute, Arkansas is the eighth state to ban abortion on the basis of gender selection. Arkansas is currently one of 25 [Republican trifectas](. South Carolina House Passes Abortion Ban - The [South Carolina House of Representatives]( passed a [bill]( that would impose punishment of doctors that perform the most common kind of second trimester abortion. Doctors who perform dilation and evacuation procedures would face fines and up to two years in jail. The bill’s sponsor, Rep. [Lin Bennett]( (R), said that the bill does not outlaw abortion but intends to make it safer. A spokesman for Planned Parenthood says the law only seeks to limit access to abortions in the state. To become law, the bill would need to pass the [state Senate]( and be signed by Gov. [Henry McMaster]( (R). South Carolina is currently one of 25 [Republican trifectas.]( West Virginia Senate Passes Medical Marijuana Legalization - Republican and Democratic Senators in the [West Virginia State Senate]( [28-6]( to approve the legalization of medical marijuana for those with a qualifying condition with a doctor’s recommendation. The legislation would allow up to 60 dispensaries to operate in the state and create a 17-member commission to oversee those dispensaries. Currently, 28 states and Washington, D.C., allow for the use of medical marijuana. To become law, the bill would need to pass the [state House]( and be signed by Gov. [Jim Justice]( (D). West Virginia is currently one of 19 states under [divided government.]( South Carolina Liquor License Law Ruled Unconstitutional - The [South Carolina Supreme Court]( [ruled]( that a state law limiting the number of liquor licenses that could be issued is unconstitutional. The owners of Total Wine & More challenged the law, which says that companies may have up to three liquor licenses in the state. The court said it found the limits arbitrary and only meant to provide protection for existing retailers. It also said the law violated Total Wine’s due process rights to operate in its chosen area. The State Department of Revenue has said it will ask the court to reconsider the ruling. Kentucky Legislature Overrides Four Vetoes - The [Kentucky General Assembly]( voted to [override]( four vetoes by Gov. [Matt Bevin]( (R), marking the first time the legislature has done so since 2013. House Speaker [Jeffrey Hoover]( (R) said that the vetoes were important to show the governor that they maintain what Hoover called legislative independence. The four bills now made into law related to mental health care, naming roads, regulating drones, and deciding who had a say in how the state spends $100 million of settlement money from a lawsuit against Volkswagen. Senate President [Robert Stivers]( (R) said that the vetoes do not mean there is a rift between the legislature and the governor, and said that the two have a good working relationship. Legislators in the state only need a majority in each chamber to override vetoes. Kentucky is currently one of 25 [Republican trifectas](. Florida House Passes Judicial Term Limits on to the Senate - The [Florida House of Representatives]( approved [an amendment]( to [limit]( the terms of [supreme court]( and [district appeals court]( judges in a vote of 73-46. [State law required]( 72 yes votes to meet the state’s 60 percent supermajority requirement. The amendment would make the specified judges ineligible for [retention elections]( after 12 consecutive years of service. In the House, all of the Democrats and six Republicans made up the 46 no votes. The amendment now goes to the [Senate]( where 24 yes votes are needed to put the amendment on the ballot in [2018](. Out of the 40 senators, 26 are Republicans. Once on the ballot, 60 percent of voters would have to approve it. - No other state besides New Mexico—which has term limits for probate judges—imposes judicial term limits, [according]( to Warren Husband, Outside Legislative Counsel for the Florida Bar. - Florida is currently one of 25 [Republican trifectas](. - Currently, no measures are certified for the 2018 ballot in Florida. Thursday, March 30 Filing deadline in Virginia - The filing deadline passed for statewide and state legislative elections in Virginia. Three statewide offices will be up for election on November 7: [Governor]( [Lieutenant Governor,]( and [Attorney General](. Additionally, all 100 seats of the [Virginia House of Delegates]( will be up for election. Republicans control the state House 66-34, while Democrats hold all three state executive positions up for election this year. Virginia will not hold any [state Senate elections]( in 2017. A representative of the Virginia Department of Elections informed Ballotpedia that an official candidate list for the June primaries may not be available until early April 2017. Kansas Governor Vetoes Medicaid Expansion - Kansas Gov. Sam Brownback (R) [vetoed]( legislation that would expand [Medicaid]( eligibility in the state. The [Kansas State Senate]( voted [25-14]( to approve the legislation on Tuesday, a month after the [state House]( approved a similar measure [81-44](. In the Senate, all nine Democrats supported the bill, along with 16 Republicans. Kansas is one of 19 states that has declined to expand Medicaid through the [Affordable Care Act](. Medicaid expansion in Kansas would extend coverage to an estimated [150,000 people](. To [override]( Brownback’s veto, supporters of the bill will need 84 votes in the House and 27 in the Senate. Kansas is currently one of 25 [Republican trifectas](. - The Patient Protection and Affordable Care Act of 2010, also known as [Obamacare]( provided for the expansion of Medicaid to cover all individuals whose income is equal to or less than 138 percent of the federal poverty level, which amounted to $16,394 for individuals and $33,534 for a family of four in 2016. However, participation in the expansion was made voluntary on the part of the states. - At the [November 2017 election]( voters in [Maine]( will decide [an indirect initiative]( to expand Medicaid unless the state legislators [approve it]( themselves. Veto Referendum Petition Filed Targeting Arizona Pay-Per-Signature Ban - [Mike Shipley]( a Libertarian candidate for the [9th Congressional District]( in 2016, filed a veto referendum petition targeting House Bill 2404—a law passed earlier this month that restricts the initiative signature gathering process. The bill prohibits the payment of signature gatherers [according to the number]( of signatures collected. The group Grassroots Citizens Concerned is sponsoring the referendum effort. Opponents of the law need to collect 75,321 valid signatures within 90 days after the state’s legislative session ends, which is also when HB 2404 would take effect unless the referendum effort is successful. As the [2017 legislative session]( is expected to adjourn around April 22, 2017, petitioners would have until July 21, 2017, to collect the required 75,321 signatures. If enough signatures are submitted, the law would be suspended until the 2018 election. - Arizona is currently one of 25 [Republican trifectas](. - Arizona voters passed an initiative to [increase the minimum wage]( and defeated an [initiative to legalize marijuana]( by a margin of 1.36 percent in 2016. - The legislatures of [Arkansas]( [Maine]( and [South Dakota]( also considered or are considering [legislation in 2017]( to restrict initiative processes following the approval of citizen initiatives about issues such as marijuana, minimum wage, tax increases, payday lending restrictions, law enforcement, and campaign finance laws in [2016](. Georgia LRCA About County Sales Tax Referendums for School Districts Certified - The [Georgia House of Representatives]( voted 41-6 in favor of a [constitutional amendment]( to allow school districts to call for county sales and use tax referendums to impose a 1 percent tax and requiring the revenue from any such sales taxes to be distributed to school districts within the county according to (a) an agreement between the county school system and independent city school districts or (b) the ratio of student enrollment between the districts, if no agreement can be reached. Since the state Senate approved the amendment on March 22, it will now go to voters in [November 2018](. - This amendment is the only measure currently certified to appear before voters in [2018](. - Georgia does not allow [citizen initiatives]( and the state’s legislative session ended on March 30, which means no more statewide ballot measures can be put to the ballot this year. The legislature can refer additional measures to the 2018 ballot during its 2018 legislative session. - [For the 2016 ballot]( two amendments were referred during the 2015 session, and two were referred during the 2016 session. Montana Senate Approves Bill to Prohibit the Collection of Other People’s Ballots - The [Montana State Senate]( voted 30-19 in favor of a Senate Bill 352, a [state statute]( to prohibit the collection of ballots for others. The bill was designed to prevent unsolicited ballot collection. It would provide exceptions for (a) election officials, (b) postal service workers or others authorized to transmit mail, (c) caregivers, (d) family members, (e) household members, and (f) individuals known by the voter. If SB 352 passes in the [state House]( it will go before voters in November 2018. - Currently, [one measure]( [legislatively referred statute]( to renew a property tax to fund the state’s university system—is certified for the [2018 ballot](. - From 1996 to 2016, the number of measures on Montana ballots during even-numbered years ranged from two to eight, with an average of five. Friday, March 31 Montana Personhood Amendment Approved in One Chamber - The [Montana House of Representatives]( voted 58-42 in favor of House Bill 595, a [constitutional amendment]( to guarantee the rights of a person to the unborn, the old, the sick, and the dependent. The bill was passed along party lines, with two Republicans and all but one of the Democrats voting no. HB 595 now goes to the [Montana State Senate]( where it needs approval from 42 out of the 50 state [senators]( to get put on the [2018 ballot](. There are 32 Republican senators and 18 Democratic senators. The amendment would define person as any member of “the species Homo sapiens at any stage of development, including the stage of fertilization or conception, regardless of age, health, level of functioning, or condition of dependency.” The definition would be added right under the state constitution's due process clause guaranteeing that “no person shall be deprived of life, liberty, or property without due process of the law.” In Montana, a constitutional amendment must be passed by a [two-thirds vote]( of all members of the [state legislature]( during one legislative session. In other words, both chambers do not need to approve an amendment by a two-thirds vote; rather, the combined yes votes in the House and Senate need to equal two-thirds of all members. - Montana is one of 19 states under [divided government.]( - The state House also voted on [two other LRCA’s]( passing them on to the st