MT for Elections Reform v. State of MT

Opinion

10/27/2023 IN THE SUPREME COURT OF THE STATE OF MONTANA

OP 23-0634 Case Number: OP 23-0634

_________________

MONTANANS FOR ELECTION REFORM ACTION FUND, ROB COOK, FRANK GARNER, BRUCE TUTVEDT, DOUG CAMPBELL, TED KRONEBUSCH, and BRUCE GRUBBS,

Petitioners, ORDER v.

AUSTIN KNUDSEN, in his official capacity as MONTANA ATTORNEY GENERAL; and CHRISTIE JACOBSEN, in her official capacity as MONTANA SECRETARY OF STATE,

Respondents. _________________

Petitioners Montanans for Election Reform Action Fund, et al., seek declaratory judgment on original jurisdiction under M. R. App. P. 14(4). Petitioners argue they are entitled to declaratory judgment that declares: (1) the Attorney General’s determination that Ballot Issue 12 is legal insufficient is incorrect; and (2) the Attorney General shall prepare a ballot statement pursuant to § 13-27-226, MCA, and forward the statement to the Montana Secretary of State within five days of this Court’s decision. Having reviewed the Petition, this Court deems it appropriate to obtain a summary response. Therefore, in accordance with M. R. App. P. 14(7), IT IS ORDERED that Respondents are granted until the close of business on Monday, November 6, 2023, to prepare, file, and serve a response(s) to the petition for declaratory judgment on original jurisdiction. The Clerk is directed to provide notice of this Order to counsel for all parties.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court October 27 2023