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WILLEMS v. STATE

No. DA 13-0820.

325 P.3d 1204 (2014)

2014 MT 82

374 Mont. 343

Robert WILLEMS, Phyllis Willems, Tom Bennett, Bill Jones, Philip Wilsman, Linda Wilsman, Jason Carlson, Mick Jimmerson, Dwayne Crook, Mary Jo Crook, James Stuntz, Randy Boling, Rod Boling, Bob Keller, Gloria Keller, Ronald Torgeson, Ruth Torgeson, Ed Timpano, Jeannie Rickert, Ted Hogeland, Keith Kluck, Pam Butcher, Trevis Butcher, Bobbie Lee Cox, William Cox, and David Robertson, Plaintiffs and Appellants, v. STATE of Montana, Linda McCullouch, in her capacity as Secretary of State for the State of Montana, Defendants and Appellees.

Supreme Court of Montana.

Decided March 26, 2014.

Attorney(s) appearing for the Case

For Appellants: Matthew G. Monforton ; Monforton Law Office, PLLC; Bozeman, Montana.

For Appellees: Timothy C. Fox , Montana Attorney General; Lawrence VanDyke , Montana Solicitor General; J. Stuart Segrest , Assistant Attorney General; Helena, Montana.

Justice PATRICIA COTTER delivered the Opinion of the Court.

¶ 1 Plaintiffs are registered voters in Fergus and Wheatland Counties seeking to invalidate the Montana Districting and Apportionment Commission's (Commission) assignment of two "holdover senators" in its final 2013 redistricting plan. Defendants are the State of Montana and Secretary of State Linda McCullouch (State). Plaintiffs appeal from an order of the First Judicial District Court, Lewis and Clark...

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