Montanans For Justice Initiative Signatures Suit Successful

Wednesday, September 13, 2006, District Court Judge Dirk Sandefur issued his order in the legal action asking the court to throw out the signatures obtained by professional signature gatherers for CI-98, CI-97 and I-154.
Citing "a pervasive and general pattern and practice of fraud and procedural non-compliance perpetrated by paid, out of state, migrant signature gatherers commissioned by Proponents," Judge Sandefur's order invalidates all the signatures gathered by out of state paid signature gatherers. The order further provides that "the Secretary of State's certifications of CI 97, CI-98, and I-154 pursuant to §§ 13-27-307, 13-27-308, 13-27-311, and 13-27-312, MCA, are hereby invalidated."

Plaintiffs bringing the action were: Montanans for Justice: Vote No on CI-98; Not in Montana: Citizens Against CI-97; and, Property Owners Against I-154.

Plaintiffs alleged in their complaint that the defendant committees "utilized paid signature gatherers" and that the "defendants were responsible for the signature gatherers' efforts and were aware of their illegal and deceptive practices, but failed to exercise reasonable care to assure the integrity of the initiative process."

Mike Meloy of Helena, attorney for the plaintiffs, emphasized that "While it is important for the people to have the right to propose initiatives, it is also important that the statutory requirements guaranteeing the integrity of the initiative process be followed. In this case, as Judge Sandefur's order makes clear, they were not."

"Given the blatant and pervasive illegalities and deceptions perpetrated by the defendants' out of state signature gatherers, the court threw out the tainted signatures and ordered that the Secretary of State's certification of initiatives for placement on the ballot was thereby invalidated"said Meloy.

"These committees had the choice to do it right, to follow the letter and spirit of Montana's initiative laws, they chose instead to utilize out of state signature gatherers of dubious character who flaunted and broke Montana's laws," added Meloy. "Judge Sandefur has upheld the integrity of Montana's initiative process by ruling that Trevis Butcher and these committees must not be allowed to benefit from these blatant violations of Montana law."