Finke v. State Ex Rel. McGrath

¶1 This is an original proceeding in which three individual electors and six municipal governments seek a declaratory judgment on the constitutionality of Senate Bill 242 (SB 242). We strike SB 242 in its entirety for the reasons set forth below.

ISSUES

¶2 Restated, the issues presented to this Court are:

1. Whether the election provisions of SB 242 limiting participation to “record owners of real property” are unconstitutional;

2. Whether the unconstitutional provisions are severable from the constitutional provisions of SB 242; and

3. Whether Plaintiffs are entitled to recover attorneys’ fees…