TEXT

Constitution of Montana -- Article II -- DECLARATION OF RIGHTS. Section 14. Adult rights. A person 18 years of age or older is an adult for all purposes, except that the legislature or the people by initiative may establish the legal age for purchasing, consuming, or possessing alcoholic beverages.Mont. Const. art. II, § 14 (1972) (http://leg.mt.gov/bills/mca/CONSTITUTION/II/14.htm).

HISTORY

Sources

Section 14 was a new provision in the 1972 Constitution and thus did not appear in the 1889 Montana Constitution, any of its drafts, or in the 1884 proposed Montana Constitution.

U.S. Const. amend. XXVI, § 1

"The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age."U.S. Const. amend. XXVI, § 1

Other Sources

According to Larry Elison and Fritz Snyder, the source for this provision “is found in the general social attitude as to when young persons should accept adult responsibilities and be entrusted with adult rights. It is probable that the arbitrary age of 18 was the result of the Twenty-Sixth Amendment to the U.S. Constitution giving 18-year-olds the right to vote. The Twenty-Sixth Amendment was an outgrowth of the draft of 18-year-olds who were required to fight for their country but not entitled to vote for its leaders.”Larry M. Elison & Fritz Snyder, The Montana State Constitution: A Reference Guide 57 (2001).

Drafting

Delegate Proposals

Delegate Proposal No. 13

Delegate Proposal No. 13, introduced on Jan. 21, 1972 by Bob Campbell

“A proposal for a new constitutional section making all persons over eighteen (18) years of age adults for all purposes, including the right to hold any public office.”

Section 1. There shall be a new Constitutional Section to provide as follows:

“Section _____. Persons eighteen (18) years of age are declared to be adults for all purposes and shall have the right to hold any public office in the state.”

Signed by Bob Campbell, Dorothy Eck, Lyle R. Monroe, Jerome J. Cate, Mike McKeon, and Don Foster.

Committee Proposals

Bill of Rights Committee Proposal

Section 14. ADULT RIGHTS. Persons eighteen (18) years of age are declared to be adults for all purposes and shall have the right to hold any public office in the state.Montana Constitutional Convention 1971-1972, Vol. II, Bill of Rights Committee Proposal, at 621 (1979).

Bill of Rights Committee Proposal (Comments)

“The committee approved, with one dissenting vote, this new provision which would declare eighteen year olds to be adults for all purposes. The provision further stipulates that eighteen year olds shall have the right to hold any public office in the state. The committee believes that the admirable steps taken by the federal government in adopting the Twenty-Sixth Amendment and by the Montana legislature in ratifying it should be extended to their logical conclusion. What the section provides is that all adults can vote and that any person eligible to vote is of sufficient age to seek election to any public office. The committee is well-aware that there will probably be few eighteen year olds running for the major offices of state government. Still, it is urged that should an eighteen year old be of the inclination and capability to run for such office, he ought not to be obstructed from presenting himself before the electorate as a candidate; and, if he can secure the votes necessary for election, he ought not to be denied the office because of his age. The point of the provision is that the electorate can and should be able to choose to elect any adult it wishes, regardless of his age. Certainly, if the electorate would support an adult of eighteen years for an office, an arbitrary age requirement such as the Constitution and statutes contain, should not deny him the office."Montana Constitutional Convention 1971-1972, Vol. II, Bill of Rights Committee Proposal, at 635 (1979).

"The committee commends this provision to the convention as the extension of full rights of participation in public affairs to all adults. This provision was introduced as Delegate Proposal No. 13.”Montana Constitutional Convention 1971-1972, Vol. II, Bill of Rights Committee Proposal, at 635 (1979).

Floor Debate

Verbatim transcript on March 8, 1972

Clerk Hanson: “‘Section 14, Adult rights. Persons 18 years of age are declared to be adults for all purposes and shall have the right to hold public office in the state.’ Mr. Chairman, Section 14.”

Delegate Garlington then introduced an amendment to Section 14’s wording because he felt it conflicted with qualifications to hold office found elsewhere in the Constitution. Delegate Garlington’s proposed amendment added to the end of Section 14: “‘except those for which professional qualifications are required[.]’”

Delegate Garlington: “Mr. Chairman, I feel there is a technical conflict here between the broad right to hold public office, as stated in Section 14, and the provisions in the Executive Article on professional qualifications for the Attorney General and the provisions in the Judicial Article as qualifications for Judge of the District Court and Justice of the Supreme Court; and I therefore have proposed a short amendment to be added onto this which would be in the nature of an exception for those instances where professional qualifications are required. I move that the Section 14 be amended by adding that exception for professional qualifications . . .”

To remedy the conflict Mr. Garlington brought up, Delegate Campbell suggested adding the words “‘qualification as found in this Constitution’” to the end of Section 14. Delegate Artz suggested an amendment which read: “except as provided otherwise in this Constitution.” Both Delegate Garlington and Delegate Campbell withdrew their amendments in favor of Delegate Artz’s. Delegate Brown then moved to delete action 14 entirely.

Delegate Brown: “Mr. Chairman, I feel that this section is in direct conflict with the section we put in on Suffrage and Elections [Section 13]. Now, if you allow them to hold public office with the amendments they’ve put in, that would allow a felon to hold office, subject to his parole. Then we put, in suffrage, subject to additional qualifications provided by the Legislature, such as county attorneys, county health officers, et cetera, and we completely covered that. And now we are putting in a conflicting section under the Bill of Rights. I’d have no objections to declare that 18-year-olds are adults, but don’t get into this public office thing, because we’ve already covered it.”

Chairman Graybill: “Mr. McDonough.”

Delegate McDonough: “Mr. President [Chairman], I agree with Mr. Brown. There’s no definition as to what a public office is, and they’ve now limited it to a public officer. Anybody could serve as a public officer who meets the guidelines set out by the Constitution, and there can be—very well be Legislative officers set up who could be classified as public officers that would have to be more qualifications that what’s set forth in this Constitution—and especially those officers who are classified as public officers who are appointed. I certainly agree with Mr. Brown that this section should be deleted before it ties up the Legislature so it couldn’t set any qualifications for any type of public office.”

Chairman Graybill: “Mr. Habedank.”

Delegate Habedank: “Mr. President [Chairman], I resist Mr. Brown’s motion. I’d like to have the Constitution shortened, and we have covered some things, but I think the portion of this section—persons 18 years of age are declared to be adults for all purposes—should remain in the Bill of Rights, and by deleting the whole thing we would not have it in there.

Chairman Graybill: “Mr. Brown.”

Delegate Brown: “Mr. Chairman, I believe Mr. Habedank is right; and if I could, I’d amend my motion to put a period after “‘all purposes’” and then delete the rest; and I think it would satisfy everybody—I hope.”

. . .

Chairman Graybill: “Very well, the issue is on Mr. Brown’s motion to delete the last half of Section 14 so it reads: ‘Adult rights. Persons 18 years of age are declared to be adults for for all purposes, —period’ . Do you want to roll call on that?”

Delegates: “Yes.” 82 delegates voted yet, 2 voted no, so the motion passed and the last half of Section 14 was deleted.Montana Constitutional Convention 1971-1972 Verbatim Transcript, Vol. V, at 1745–49 (1981).

Adoption

Final considerations for Article II, § 14 were taken on March 18, 1972. 85 delegates voted in favor of its adoption, while 10 delegates voted not to adopt it. Section 14 was adopted on March 22, 1972 along with the other 35 sections of Article II. 92 delegates voted in favor of adopting Article II, while 3 delegates voted not to adopt it.Montana Constitutional Convention 1971-1972 Verbatim Transcript, Vol. V, at 2643–44, 2933–34 (1981).

Ratification

Vote

Article II, § 14 of the 1972 Constitution was adopted by the 100 delegates to the Constitutional Convention on March 22, 1972, and was ratified by the citizens of Montana on June 6, 1972, through Referendum No. 68.

1972 Voter Information Pamphlet

The 1972 Voter Information Pamphlet states of § 14: “New provision. Self explanatory.”The Proposed 1972 Constitution for the State of Montana Official Text with Explanation (Voter’s Information Pamphlet), at 6 (http://www.umt.edu/law/library/files/1972voterspamphlet) (last accessed May 12, 2018).

Montana News & Unofficial Commentary

1972 Montana Constitution Newspaper Supplement, Campbell Collection

“Section 14 declares that 18 is the age of adulthood for all purposes.”1972 Montana Constitution Newspaper Supplement, Campbell Collection, at 2, (http://www.umt.edu/media/law/library%5CMontanaConstitution%5CCampbell/1972MTConstNewspaperSupp.pdf) (last accessed May 11, 2018).

Gerald J. Neely, A Critical Look: Montana's New Constitution, Campbell Collection

“RIGHTS OF MINORS. A new provision (Art. II, sec. 14) states that persons eighteen years and over are adults for all purposes.”Gerald J. Neely, A Critical Look: Montana's New Constitution, Campbell Collection, (http://www.umt.edu/media/law/library%5CMontanaConstitution%5CCampbell/NeelyPamphlet.pdf) (last accessed May 11, 2018).

INTERPRETATION

Chrestenson v. Chrestenson, 589 P.2d 148, 149 (Mont. 1979) (holding that 18 years is a significant dividing line for purposes of legal obligations such as child custody and child support obligations, those obligations were thus removed for those below age 18).Chrestenson v. Chrestenson, 589 P.2d 148, 149 (Mont. 1979).

37 Op. Att’y Gen. 287 (Mont. 1977) (stating that the provision does not create such a bright dividing line as to prohibit the Department of Institutions from continuing to exercise control over persons sentenced as minors through age 20).37 Op. Att’y Gen. 287 (Mont. 1977).

COMMENTARY

• Larry M. Elison & Fritz Snyder, The Montana State Constitution: A Reference Guide 57 (2001).