Wheat v. Brown

¶1 This is an appeal by Secretary of State Bob Brown from the summary judgment issued by the First Judicial District Court, Lewis and Clark County, Honorable Jeffrey Sherlock presiding. In granting summary judgment, the District Court ruled, as a matter of law, that Senate Bill 258, Senate Bill 445 and Senate Joint Resolution 23 are “unconstitutional and of no force and effect.” We affirm the judgment of the District Court.

Background

¶2 As noted by the District Court, there are no disputed facts. The only issues are legal issues. The factual background is as follows:

¶3 Plaintiffs Mike Wheat,…