Dan MARSHALL, an individual taxpayer and elector; Montana Education Association, an unincorporated labor organization; Montana Federation of Teachers, an unincorporated labor organization; Montana School Boards Association, an incorporated non-profit membership organization; Montana League of Cities and Towns, an incorporated non-profit membership organization; Montana Association of Counties, an incorporated non-profit membership organization; Montana Taxpayers Association, an incorporated non-profit membership organization; Montana State AFL-CIO, an unincorporated labor organization; and Montana Chamber of Commerce, an incorporated non-profit membership organization, Plaintiffs,
v.
STATE of Montana, by and through Mike COONEY, in his official capacity as Chief Election Officer, and Joseph P. Mazurek, in his official capacity as Chief Law Enforcement Officer, Defendants, and
Joe Balyeat, individually and as Chairman of Montanans for Better Government, P.A.C., Intervenors.
Supreme Court of Montana.https://leagle.com/images/logo.png
Argued and Submitted February 16, 1999.
Decided February 24, 1999.
Attorney(s) appearing for the Case
Stanley T. Kaleczyc (argued) and Kimberly A. Beatty (argued); Browning, Kaleczyc, Berry & Hoven, Helena, Montana, for Plaintiffs.
Mike Cooney, Secretary of State; Daniel J. Whyte, Chief Legal Counsel, Office of Secretary of State, Helena, Montana, Honorable Joseph P. Mazurek, Attorney General; Clay R. Smith, Solicitor(argued); Chris D. Tweeten, Assistant Attorney General, Helena, Montana, for Defendants.
Kenneth H. Gray (argued); Jackson & Rice, Helena, Montana, for Intervenors.
Honorable Marc Racicot, Governor (argued); Judy Browning, Chief of Staff,Helena, Montana, for Amicus Curiae.
Kyle A. Gray (argued), Jeanne M. Bender; Holland & Hart, Billings, Montana, Elizabeth Brenneman, Litigation Director, American Civil Liberties Union of Montana, Billings, Montana (for American Civil Liberties Union of Montana).
Mona Jamison, Elizabeth L. Griffing; The Jamison Law Firm, Helena, Montana (for Montana Life and Health Insurance Guaranty Association).
Geralyn Driscoll, Office of Public Instruction, Helena, Montana (for State Superintendent of Public Instruction).
Arthur V. Wittich, Attorney at Law, Bozeman, Montana (for National Taxpayers Union).
Paul Grant, pro hac vice, Attorney at Law, Parker, Colorado, Kenneth H. Gray; Jackson & Rice, Helena, Montana (for Initiative and Referendum Institute).
Gerald J. Neely, Attorney at Law, Billings, Montana (on his own behalf).
Supreme Court of Montana.
Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.
¶ 1 Plaintiffs challenge the constitutional validity of Constitutional Initiative 75 (CI-75) in an original application for declaratory judgment and injunctive relief.
¶ 2 We hold that CI-75 violates Article XIV, Section 11, of Montana's Constitution.
¶ 3 We address the following issue:
¶ 4 Whether CI-75 violates the separate-vote provision in Article XIV, Section...
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