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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.

 

 

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Not in Montana: Citizens Against CI-97, David Smith, Treas., 1232 E 6th Ave., Helena, MT 59601 406.443.3374