Montana Attorney General Opinion 16-232

Opinion No. 232. Governor-Referendum Petitions- Proclamations-Secretary of State. HELD: Where the Secretary of State certifies that. a referendum pe- tition contains signatures of 5%, but does not contain signatures of 15% of the legal voters of the State, the Gov- ernor's proclamation should not de- clare the act inoperative. January 18, 1936. Hon. Elmer Holt Governor of Montana The Capitol You have asked my OpInlOn con- cerning the legal action you should take with reference to the certificate of the Secretary of State dated Jan- uary 7, 1936, relative to a referendum petition requesting that Chapter 179, Laws of 1935, be referred to the vote of the people. Since the certificate of the Secre- tary of State recites that the refer- endum petition contains the signa- tures of 5% of the legal voters of Montana in accordance with the pro- visions of Section 1, Article V of the Montana constitution, and such Act is one which may be referred to the voters of the State for their approval or rejection, it is my opinion that you 240 OPINIONS OF THE ATTORNEY GENERAL should issue your proclaPlation, an- nouncing that such petition has been filed, with a brief statement of its tenor and effect, and publish the same, all as provided by Section 102, Revised Codes. Since the certificate of the Sec- retary of State recites that said ref- erendum petition does not contain the signatures of 15% of the legal voters of a majority of the whole number of the counties of the State of Mon- tana, based upon the whole number of votes cast for Governor at the last preceding regular election, and since such number is required by said con- stitutional provision in order to sus- pend the operation of said Act, it is my opinion that you should not issue your proclamation declaring the Act inoperative. (Note: Cost of publication against county. See Vol. 4, Opinions of At- torney General, p. 274; Vol. 6, p. 437.)