Backers ask for judge to block effort to toss measure from ballot

By CHELSI MOY
Great Falls Tribune, October 12, 2006

Supporters of one of three remaining initiatives on November's ballot asked a Great Falls judge Wednesday to dismiss what they consider to be a "false" and "outrageous" last-effort request to ditch the statewide measures.

Backers of Iniative 153 say the complaint was filed 46 days too late and lacked any sort of factual foundation. They also encouraged the true parties behind the complaint to step forward.

I-153 would prohibit state officials and lawmakers from becoming a lobbyist within 24 months after leaving office.

The plaintiffs requested a new judge this week, which caused the case to bounce between judge's chambers at the Cascade County courthouse. Judge Kenneth Neill assumed jurisdiction over the matter and acknowledged the need for a speedy resolution in a brief filed Wednesday. He set a hearing for Oct. 23.

Montanans for Equal Application of Initiative Laws filed a complaint in Cascade County District Court against I-153 and I-151 in the wake of a decision by Great Falls Judge Dirk Sandefur, which disqualified three initiatives from November's ballot.

The group also filed a suit last week in a Lewis and Clark County District Court against Constitutional Amendment-43, which would change the name of the Office of the State Auditor to the Insurance Commissioner.

Randy Pinnochi, founder of the group, argued that the courts need to rule on all the statewide measures, not just three.

The group requested a new judge because they had hoped Sandefur would assume jurisdiction, Pinnochi said.

However, in a brief filed Tuesday, Sandefur declined because "representatives and associates of the (disqualified) subject initiatives have publicly alleged that the undersigned judge is biased and politically motivated."

Raise Montana, the group in support of I-151, has not responded to the complaint, but Doug Mitchell, Raise Montana's campaign manager, said it plans to do so shortly.

I-151 would increase the state minimum wage.

Individuals and Republican lawmakers trying to pass three conservative-backed initiatives, CI-97, CI-98 and I-154, are behind the recent complaint, according to a response by Montanans for Clean Government, which supports I-153. The Montana Supreme Court is expected to decide soon whether electors will vote on those three initiatives.

"...The complaint was filed without legal merit and for political purposes to influence voters and the Courts thereby staining the Plaintiff with unclean hands..." according to a defendant's response.

Executive Director of the Montana Democratic Party Jim Farrell also accused New York City billionaire Rich Howie, who is suspected of bankrolling CI-98, CI-97 and I-154, and U.S. Sen. Conrad Burns, R-Mont., of having a hand in the recent initiative battle.

Pinnochi, a state co-chairman for Burns' re-election campaign, denies that Burns is involved in the recent complaint.

Although hot initiative issues have been used in the past to improve voter turnout on Election Day, Montana State University- Billings political science professor Craig Wilson said he doubts that is the case this year.

"At this point, it would really be a stretch to say Burns is really behind this complaint," Wilson said.

Many people can't keep straight which initiatives are on and off the ballot at this point, he said, and assuming the lower court's decision is appealed, no definite answers will come about until well after the polls are closed. Wilson acknowledged, however, that the recent complaint is political retaliation.

Montanans for Clean Government requested the court dismiss the complaint and order the plaintiffs to cover the costs of their attorney fees.