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FINKE v. STATE EX REL. McGRATH

No. 01-815.

65 P.3d 576 (2003)

2003 MT 48

Karen FINKE, Andy J. Hudak, Scott Powers, City of Billings, City of Bozeman, City of Columbia Falls, City of Kalispell, City of Missoula, City of Whitefish, Plaintiffs, v. STATE of Montana, ex rel. Mike McGRATH, Attorney General and Wendy Keating, Acting Director, Montana Department of Labor and Industry, Yellowstone County, Gallatin County, Flathead County, and Missoula County, Defendants, Richard Rossignol and R. Stephen White, Intervenors-Defendants, Daniel W. "Dan" McGee and Bruce T. Simon, Amici Curiae-Defendants.

Supreme Court of Montana.

Submitted June 6, 2002.

Decided March 18, 2003.

Attorney(s) appearing for the Case

Stanley T. Kaleczyc, Kimberly A. Beatty, Browning, Kaleczyc, Berry & Hoven, Helena, Montana, For Plaintiffs.

Mike McGrath, Montana Attorney General, Brian M. Morris, Solicitor, Helena, Montana; Eric Fehlig, Montana Department of Labor, Helena, Montana; Dennis Paxinos, Yellowstone County Attorney, Mark A. English, Deputy Yellowstone County Attorney, Billings, Montana; Marty Lambert, Gallatin County Attorney, Bozeman, Montana; Edward J. Corrigan, Flathead County Attorney, Jonathan B. Smith, Deputy Flathead County Attorney, Kalispell, Montana; Fred Van Valkenburg, Missoula County Attorney, Missoula, Montana; Stephanie Oblander, Gregory G. Smith, Smith & Oblander, Great Falls, Montana (Intervenors Rossignol & White), For Defendants.

Daniel McGee, Laurel, Montana (pro se); Bruce Simon, Billings, Montana (pro se), For Amicus.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 This is an original proceeding in which three individual electors and six municipal governments seek a declaratory judgment on the constitutionality of Senate Bill 242 (SB 242). We strike SB 242 in its entirety for the reasons set forth below.

ISSUES

¶ 2 Restated, the issues presented to this Court are:

1. Whether the election provisions of SB 242 limiting participation...

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