Home Uncategorized Montana Supreme Court Still Hasn’t Decided Whether to Remove Top-Two Ballot Measure from November 2014 Ballot
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Montana Supreme Court Still Hasn’t Decided Whether to Remove Top-Two Ballot Measure from November 2014 Ballot

On November 27, 2013, some opponents of the Montana top-two ballot measure filed a case in the State Supreme Court, asking the Court to remove the measure from the November 2014 ballot. A few days later, the same groups also filed a separate case in the same court against another ballot measure, asking the voters if they wish to eliminate election-day registration.

The Montana Supreme Court ruled on the election-day registration lawsuit on February 5, 2014. The Court kept the measure on election-day registration on the ballot. However, the Montana Supreme Court still hasn’t ruled on the challenge to the top-two measure. Nor has the Court scheduled an oral argument on the matter, although the Court is free to act without oral arguments. All of the briefs were before the Court on February 11. The case is Montana Education Association-Montana Federation of Teachers v State of Montana, OP 13-0789.

The basis for the lawsuit is that Montana law sets a 100-word limit on the description of ballot measures on the ballot, and opponents of the ballot measure say this law was disregarded. The opponents of the ballot measure also say the measure violates the single-subject rule.

2 Responses

  1. David

    This 73 page bill was about the top two primary, but it also changes other election law. This bill didn’t need 73 pages to enact a top two primary, so in effect it does violate the single subject rule. “Elections” do cover many subsections, so it shouldn’t be just one subject under title 13.

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