Reichert v. STATE EX REL. McCULLOCH

¶1 The State of Montana appeals from the decision of the First Judicial District Court, Lewis and Clark County, ordering Secretary of State Linda McCulloch to decertify Legislative Referendum No. 119 (LR-119) and enjoining the Secretary of State from presenting LR-119 on the June 5, 2012 primary election ballot.

¶2 We address the following issues on appeal:

1. Whether the non-retiring justices on this Court should recuse themselves from participating in the decision of this appeal.

2. Whether Plaintiffs’ constitutional challenge to LR-119 is justiciable.

3. Whether LR-119 is constitutionally…