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HUSEBYE v. JAEGER

Civ. No. 950227.

534 N.W.2d 811 (1995)

Jeff R. HUSEBYE, as Chairman of the Sponsoring Committee to Refer SB 2202 Passed by the Fifty-Fourth Legislative Assembly, Petitioner, v. Alvin A. JAEGER, Secretary of State, Respondent.

Supreme Court of North Dakota.

July 27, 1995.

Attorney(s) appearing for the Case

Kathryn L. Dietz (argued), and Stephen D. Little (appearance), Dietz & Little, Bismarck, for petitioner.

Joann C. Toth (argued), Asst. Atty. Gen., and Laurie J. Loveland (appearance), Sol. Gen., Bismarck, for respondent.

VANDE WALLE, Chief Justice.

Jeff Husebye filed an application for an order to show cause requesting that this court exercise its original jurisdiction and direct Alvin Jaeger, the Secretary of State, to accept petitions seeking to refer a legislative enactment. Jaeger responds that he is statutorily precluded from accepting petitions submitted after 5 p.m. on the last day for submitting such petitions. We conclude that the statute relied upon by Jaeger is unconstitutional...

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