Montana voters will decide on a constitutional amendment to require a search warrant to access electronic data in 2022

On April 22, the Montana State Legislature referred a constitutional amendment to the 2022 ballot that would require a search warrant to access electronic data or electronic communications. The amendment would also state that electronic data and electronic communications would be secure from unreasonable searches and seizures.

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67 percent) supermajority vote is required in both the Montana State Senate and the Montana House of Representatives.

Senate Bill 203 (SB 203) was introduced on February 9, 2021, by Sen. Kenneth Bogner (R). The state Senate approved the bill on February 23, 2021, in a vote of 50 to 0. On April 22, the state House approved the bill in a vote of 76-23 with one absent. 

Sen. Kenneth Bogner (R) said, “Senate Bill 203 is about updating Montana’s Constitution to reflect life in the 21st Century and make it explicitly clear that our digital information is protected from unreasonable government searches and seizures. Today, so much of our private lives—financial information, communication with family and friends, medical information, and much, much more—is contained on and transferred electronically among many devices and computer systems.”

The amendment is similar to a 2020 Michigan ballot measure that was approved by voters with 88.75% of the vote. Missouri voters also approved a similar ballot measure in 2014 with 74.75% of the vote.

In 2022, Montana voters will also be voting on a law referred to the ballot by the state legislature that would require medical care to be provided to infants born alive after an attempted abortion. Healthcare providers that violate the requirement would be guilty of a felony with a maximum sentence of a $50,000 fine and/or 20 years in prison under the measure.

Between 1996 and 2020, about 64.6% (42 of 65) of the total number of measures that appeared on Montana ballots were approved, and about 35.4% (23 of 65) were defeated.

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