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Two important election cases decided
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August 15th, 2012
Montana: The Montana Supreme Court has made a ruling on two important ballot issues, the first being Initiative 166, in which a policy statement would establish that corporations are not people, and the second being a proposal that returns excess state revenue to its taxpayers, known as LR-123.[1]
Concerns by State Senator Dave Lewis were brought forth questioning Initiative 166's place on the November ballot. Senator Lewis believed Initiative 166 to be "an odd mix of resolution, law, and constitutional amendment,"[1] all the while claiming that it would bind the Montana Legislature into adopting laws that comply with the ballot language.[1]
The Montana Supreme Court did not see the issue as thus, with six of its seven justices ruling that Initiative 166's place on the ballot is legally sufficient.[1]
"I-166 cannot change federal law; it does not change state law; and it does not change the law of any sister state. Rather, the I-166 exercise simply does into the wind what most Montana children learn to avoid early in life," Montana Supreme Court Justice James Nelson (Montana) dissented in his writing.[1]
Ballot issue LR-123, would force the Department of Revenue to issue tax credits if the state of Montana were to have any extra money in its bank account. However, Montana 1st Judicial District Court Judge Jeffrey Sherlock had previously ruled this ballot as unconstitutional, citing that it would delegate the power of the Legislature to just one state department.[1]
Four of the seven Montana Supreme Court Justices backed Judge Sherlock on his decision, therefore the LR-123 will not be making a presence on the November ballot.[1]
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