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."