MEA-MFT v. Fox

Summary

The Montana Supreme Court reviewed a pre-election challenge to Legislative Referendum 127, which proposed replacing traditional partisan primary elections with a single primary ballot. The Court held that the statutory citations listed in LR-127's title counted as words under Montana Code § 5-4-102 and that the title substantially exceeded the 100-word limit. It enjoined the State from placing LR-127 on the 2014 general election ballot and denied the petitioners' request for attorney fees.

Holdings

1. Each statutory citation in the title of LR-127 is a word for purposes of the 100-word limit in § 5-4-102, MCA.
2. LR-127's title substantially exceeded the 100-word limit in § 5-4-102, MCA, and the violation was not merely technical.
3. LR-127 was not legally sufficient because its title failed to comply with § 5-4-102, MCA.
4. The State of Montana was enjoined from placing LR-127 on the 2014 general election ballot.
5. Petitioners were not awarded attorney fees.

Questions Presented

1. Whether the statutory citations listed in LR-127's title count as words under § 5-4-102, MCA.
2. Whether LR-127's title substantially exceeded the 100-word limit and therefore rendered the referendum legally insufficient for placement on the ballot.
3. Whether the State should be enjoined from placing LR-127 on the 2014 general election ballot.
4. Whether petitioners were entitled to attorney fees and costs.

Disposition

writ_granted