On November 27, 2013, some opponents of the Montana top-two ballot measure filed a case in the State Supreme Court, asking the Court to remove the measure from the November 2014 ballot. A few days later, the same groups also filed a separate case in the same court against another ballot measure, asking the voters if they wish to eliminate election-day registration.
The Montana Supreme Court ruled on the election-day registration lawsuit on February 5, 2014. The Court kept the measure on election-day registration on the ballot. However, the Montana Supreme Court still hasn’t ruled on the challenge to the top-two measure. Nor has the Court scheduled an oral argument on the matter, although the Court is free to act without oral arguments. All of the briefs were before the Court on February 11. The case is Montana Education Association-Montana Federation of Teachers v State of Montana, OP 13-0789.
The basis for the lawsuit is that Montana law sets a 100-word limit on the description of ballot measures on the ballot, and opponents of the ballot measure say this law was disregarded. The opponents of the ballot measure also say the measure violates the single-subject rule.