Judge tosses ballot initiatives

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HELENA -- A Great Falls state judge Wednesday invalidated three ballot measures aiming to rein in government powers, citing what he called a "pervasive and general pattern of fraud" by out-of-state signature-gatherers.

District Judge Dirk Sandefur said thousands of voters' signatures used to qualify the measures for the Nov. 7 ballot were gathered in violation of the law, and must be thrown out.

"The court finds that the signature-gathering process was permeated by a pervasive and general pattern and practice of deceit, fraud and procedural non-compliance," he said in a strongly worded, 46-page order. "The court cannot in good conscience approve, sanction or countenance this needless and manifest taint on the political process."

Sandefur's ruling means Constitutional initiatives 97 and 98 and Initiative 154 will be stricken from the ballot -- unless he's overturned by the Montana Supreme Court.

Supporters of the three measures vowed to appeal the order immediately.

Trevis Butcher, a Winifred rancher and leader of the campaign for the three measures, called the ruling "the worst kind of judicial activism I've ever seen."

"It's not just a slap in the face those directly involved (in promoting the initiatives), but to every Montanan," Butcher said. "It's a sad day in the state of Montana."

Opponents of the measures, however, said Sandefur's order not only did the right thing, but also will help maintain the integrity of the citizen initiative process in Montana.

"The primary reason the plaintiffs brought this case to begin with (is) to establish that we're not going to permit people to come in here and cheat," said Mike Meloy, the Helena attorney who argued the case for the initiative opponents.

"We can't keep people from out-of-state from coming in here to try and pass laws, but if they're going to do it, they have to do it in an upstanding way, and these people didn't do that."

Wednesday's ruling is the latest turn in a bitter, evolving political battle over the three measures, which appear to be part of a national effort by conservative, libertarian-leaning groups to use the initiative process to restrict the powers of government.

CI-97 would create a constitutional limit on the growth of state spending; CI-98 enables citizens to attempt to recall state judges for any reason; I-154 would allow property owners to demand compensation from government if they believe a government action devalues their property.

Similar versions of CI-97 and I-154 are being attempted in at least a half-dozen other states, often funded by groups like Americans for Limited Government and Americans for Tax Reform.

In Montana, initiative supporters paid at least $675,000 to those who gathered signatures to qualify the initiatives for the ballot. Many of those signature-gatherers were from outside Montana.

A group called Montanans in Action has provided nearly all the money for the initiative campaigns but won't reveal its donors. Butcher, the group's leader, acknowledged in court last Friday that most of its money has come from out-of-state individuals and groups.

Opponents of the Montana measures, led by public-employee unions, the consumer group AARP, local governments and left-leaning think tanks, filed suit in late August, accusing initiative backers of using misleading and illegal tactics to gather signatures to place the measures on the ballot.

Sandefur agreed Wednesday, and said he had no choice but to invalidate thousands of signatures gathered to qualify CI-97, CI98 and I-154 and, thus, the initiatives themselves.

At least 43 of the signature-gatherers, who vouched for thousands of signatures, listed "false or fictitious" addresses on their sworn affidavits turned in with the signatures, Sandefur noted.

That violation alone casts doubt on the petitioners' credibility, and that oath is critical to guarding the integrity of the initiative process, he said.

The judge also issued a stinging denunciation of the "professional signature-gathering business," saying it brings in "migrant signature-gatherers with no substantial ties to a state for the sole purpose of hustling up the necessary signatures," who then move on and prevent any accountability or means to check their identity or work.

"More significantly, there is evidence that it is a common practice to pay migrant signature-gatherers by the signature, thereby creating an incentive and profit motive to engage in deceptive, fraudulent and procedurally irregular signature-gathering practices," he wrote.

Butcher said opponents presented evidence from only nine people who said they witnessed deceptive practices by signature-gatherers, and that Sandefur unfairly used those examples to say thousands of signatures were gathered deceptively.

"To allow those individuals to circumvent the rights of 52,000 Montanans who wanted to sign the petition and vote on the issues is absolutely inexcusable," Butcher said Wednesday.

He also accused Sandefur of having a "conflict of interest," because he, as a judge, threw out the measure that would make it easier for citizens to attempt to recall judges.

"It's just blatant political activism on the part of the court," Butcher said.

Sandefur's order anticipated in advance some of the criticism he might receive, saying his ruling does not strip the rights of the voters or those who support the initiatives.

People have no legal right to vote on the measures until the supporters qualify them for the ballot "in the manner provided by law, free from the taint of fraud," which they did not do, he said.

Sandefur also pointed out that initiative supporters did not put a single signature-gatherer on the witness stand last week to rebut the charges of fraud: "Either because they were unwilling or unable to locate (the signature-gatherers), proponents failed to present any direct evidence from the best and most knowledgeable source."

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