Montana Attorney General’s Defense of His Ruling That Top Four Constitutional Initiative Violates the Single Subject Rule

Montanans for Election Reform Action Fund (MERAF) wishes to circulate an initiative for voters’ signatures that would make a Blanket Primary with the Top Four candidates advancing to a Ranked Choice Voting (RCV) General Election the election method for several offices in that state. It is named BI-12 (BI stands for “Ballot Initiative”).

The Montana Attorney General, Austin Knudsen, has ruled that the various provisions in BI-12, including no political party affiliations listed with candidates on either the Primary or General Election ballot, constitute too many provisions to have the initiative comply with the Single Subject Rule governing initiatives in Montana.

MERAF has sued the Montana Attorney General in the Supreme Court of Montana. The Attorney General recently filed a defense of his decision with the Court.

Here is the Montana Attorney General’s BI-12 Response.


Comments

Montana Attorney General’s Defense of His Ruling That Top Four Constitutional Initiative Violates the Single Subject Rule — 4 Comments

  1. Good. This is a bad issue. Take the Top 4 portion out of it and just make it Ranked Choice Voting and it would be a good issue.

  2. @Andy – see October 30 BAN post – DOESN’T include ranked choice voting

    All of the “separate” proposals that the Attorney General lists are just implications of a single proposal (Top X), except, and I hate to say this, the signature requirement.

    This November I chose to vote for/against a set of revisions to the municipal charter. It was arguably not single-subject. You either take the package, or you don’t. I decided which way I would vote based on one single (not really) revision.

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