Cross v. VanDyke Ex Rel. McCulloch

¶34 I dissent. I would affirm the decision of the District Court, though on slightly different grounds, and direct the Montana Secretary of State to strike VanDyke’s name from the ballot.

¶35 In my judgment, the Court goes astray by relying upon Article VII, Section 9 of the Montana Constitution and its gleaning of the framers’ intent, to the neglect of the clear import of Article VII, Section 2(3). Article VII, Section 2(3) of the Montana Constitution provides that the Supreme Court “may make rules governing appellate procedure, practice and procedure for all other courts, admission to the…