Senate Bill No. [number], introduced by D. Emrich at the request of the Senate Select Committee on Judicial Oversight and Reform, aims to eliminate the original jurisdiction of the Supreme Court, except for writs of habeas corpus. The bill amends Section 13-27-605 of the Montana Code Annotated (MCA) to transfer the review of ballot measures from the Supreme Court to the district court. Specifically, it allows proponents and opponents of statewide ballot issues to challenge the adequacy of ballot statements and the attorney general's legal sufficiency determinations in district court, rather than the Supreme Court. The bill also repeals Section 3-2-202, which pertains to original jurisdiction and review of ballot statements.
Additionally, the bill establishes that decisions made by the district court regarding ballot statements and legal sufficiency determinations can be appealed to the Supreme Court. It specifies that if the district court finds that the attorney general's determination is incorrect, the issue may not appear on the ballot unless ordered by the Supreme Court. The bill includes provisions for the immediate effect of the act upon passage and approval.
Statutes affected: LC Text: 13-27-605
SB0013_1(1): 13-27-605
SB0013_1(2): 13-27-605
SB0013_1(3): 13-27-605
SB0013_1(4): 13-27-605
SB0013_1(5): 13-27-605
SB0013_1(6): 13-27-605
SB0013_1: 13-27-605