MISSOULA — On Friday, at the University of Montana's Dennison Theater, the Montana Supreme Court heard arguments in an appeal against a district court's ruling against SB 93, a law that places requirements on ballot initiatives.
“I got to tell you, coming in, I was leaning your way. Now I'm starting to wonder where we're going,” Montana Supreme Court Chief Justice Cory Swanson said to the plaintiff’s attorney.
Watch: Montana Supreme Court hears oral arguments in appeal case against ballot initiative law
Senate Bill 93 passed during the 2023 legislative session. The legislation created a filing fee for ballot initiatives, prohibited similar initiatives from being introduced within the next four years and gave the legislature rule-making authority.
“It's the court's job to decide whether the laws are constitutional or not. And we're saying that this provision of S.B. 93 is fundamentally unconstitutional,” John Meyer, founder and executive director of Cottonwood Law representing the plaintiff, said.
The main plaintiff, Mae Nan Ellingson, was a delegate to the 1972 constitutional convention. Her attorneys argue that SB 93 is unconstitutional because it impairs citizens’ ability to file initiatives.
The state argues it doesn't.
“The question here is what are the rules-- what rules are permissible in structuring the process? Laws should be valid if they facilitate the initiative process or regulate its manner without materially impairing,” Dale Schowengerdt, an attorney for Amici Curiae at Landmark Law, said.
Throughout the hearing, all justices present questioned the state’s attorney’s arguments and seemed skeptical of their position.
We'll be sure to provide you with an update once it comes out.
