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Senate Judiciary Committee hears bill to route ballot-review suits through district courts
Summary
Senate Bill 13, sponsored by Sen. Daniel Emmerich, would remove original jurisdiction in ballot-measure legal-sufficiency challenges from the Montana Supreme Court and require district-court factfinding before appeal; opponents warned it would slow ballot access and strain rural district courts.
Senate Bill 13, introduced by Senator Daniel Emmerich, would require that legal challenges to statewide ballot measures first go through district courts for factfinding before any appeal to the Montana Supreme Court. The bill drew opposition from civil-rights, good-government and budget groups, which said the change would add delay and expense to Montana’s initiative process.
The bill’s sponsor, Senator Daniel Emmerich, told the Judiciary Committee the measure is intended to “provide more court oversight into the ballot review process,” saying district courts can develop a fuller factual record for appellate review. Emmerich said the change would make factual disputes subject to…
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