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REICHERT v. STATE EX REL. McCULLOCH

No. DA 12-0187.

278 P.3d 455 (2012)

2012 MT 111

Arlyne REICHERT, Wade Dahood, Jean Bowman, Patricia Rosenleaf, Susan Lubbers, Joan Hurdle, Robert Filipovich, Karen Richardson, Dale McGarvey, Judy Mathre, Milly Gutkowski, Gladys Hardin, Louise Davis, and Merlin Davis, Plaintiffs and Appellees, v. STATE of Montana, by and through Linda McCULLOCH, in her capacity as Secretary of State, Defendant and Appellant.

Supreme Court of Montana.

Decided May 18, 2012.

Attorney(s) appearing for the Case

For Appellant: Steve Bullock , Montana Attorney General, Andrew I. Huff , Assistant Attorney General, Helena, Montana.

For Appellees: Lawrence A. Anderson , Attorney at Law, Great Falls, Montana Peter Michael Meloy , Meloy Law Firm, Helena, Montana.

For Amici Curiae Seven Montana Legislators: Arthur V. Wittich , Margaret M. Reader , Wittich Law Firm, P.C., Bozeman, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The State of Montana appeals from the decision of the First Judicial District Court, Lewis and Clark County, ordering Secretary of State Linda McCulloch to decertify Legislative Referendum No. 119 (LR-119) and enjoining the Secretary of State from presenting LR-119 on the June 5, 2012 primary election ballot.

¶ 2 We address the following issues on appeal:

1. Whether the non...

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