Montana Ass’n of Counties v. State

Constitutional Initiative 116 (CI-116), commonly known as Marsy’s Law, violates the separate-vote requirement contained in Mont. Const. art. XIV, section 11.In this original petition for declaratory judgment and injunctive relief, Petitioners challenged the constitutionality of CI-116, which, as enacted, amended Mont. Const. art. II by adding a new section 36, titled Rights of Crime Victims. At issue before the Supreme Court was whether the procedure by which CI-116 was submitted to voters conformed to Montana’s constitutional requirements. The court held (1) this case was properly before this court as an original proceeding; (2) the single-subject requirement set forth in Mont. Const. art. V, section 11(e) applies to bills of the legislature and not to constitutional amendments; and (3) CI-116 violates the separate-vote requirement, set forth in Mont. Const. art. XIV, section 11, and is therefore void in its entirety. View "Montana Ass’n of Counties v. State" on Justia Law