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SWEENEY v. OTTER

No. 19035.

804 P.2d 308 (1990)

119 Idaho 135

Bruce L. SWEENEY, Ron J. Beitelspacher, Charles E. Bilyeu, Michael Blackbird, Karl Brooks, Michael Burkett, Marti Calabretta, Dennis Davis, Brian Donesley, Terry Haun, Sally Snodgrass, Patricia McDermott, Mary Lloyd, Cynthia Scanlin, Marguerite McLaughlin, John Peavey, Mary Lou Reed, Sue Reents, Tim Tucker, Claire Wetherell, and Betty Benson, Senators of the 51st Idaho Legislature, First Session, and Members of the Democratic Party, Petitioners, v. C.L. OTTER, Lieutenant Governor of the State of Idaho; Michael Crapo, Russell Newcomb, Herb Carlson, Allen Larsen, Denton Darrington, Rex Furness, Edward Osborne, Dennis Hansen, John Hansen, Mary Hartung, Joyce McRoberts, Laird Noh, Atwell Parry, Mark Ricks, Stan Hawkins, David Kerrick, Lee Staker, J.L. Thorne, Lynn Tominaga, Jerry Twiggs, and George Vance, Senators of the 51st Idaho Legislature, First Session, and Members of the Republican Party, Respondents.

Supreme Court of Idaho, Boise, December 1990 Term.

December 24, 1990.

Attorney(s) appearing for the Case

Elam, Burke & Boyd; Carl Burke (argued), Bobbi K. Dominick, Brigette Bilyeu, and Bradlee R. Frazer, Boise, for petitioners.

Hopkins, French, Crockett, Springer & Hoopes, C. Timothy Hopkins (argued), Lary S. Larson, and Steven K. Brown, Idaho Falls, for respondents.

McDEVITT, Justice.

In the 1990 Idaho general election, 21 members of the Republican party and 21 members of the Democratic party were elected as the 42 members of the Idaho State Senate in the 51st Idaho Legislature. For the first time in the history of this state, the members of the Senate were equally divided between two political parties.

Following the swearing-in of the Senators-elect on December 6, 1990, one of the first actions taken by the Senate was...

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