Judge Honzel's decision: in a nutshell
District Court Judge Thomas Honzel concluded
that CI-97 violates a section of the constitution that reads,
"If more than one amendment is submitted at the same
election, each shall be so prepared and distinguished that
it can be voted upon separately."
Honzel said CI-97 would give courts the power
to amend the constitution by adding other exempt spending
categories, giving a new constitutional power to the courts.
"The court concludes,
therefore, that CI-97 contains at least two amendments to
the constitution and, therefore, it violates Article XIV,
Section 11, of the constitution," he wrote.
Because the ballots may already have been printed
and because absentee ballots will be available to voters Sept.
22, Honzel concluded that the secretary of state is enjoined
(prohibited) from counting any votes on CI-97.
However, it appears the secretary of state
plans to count votes anyway, in case the state Supreme Court
overturns Judge Honzel's decision.
Read
Judge Honzel's entire decision.
|