State Ex Rel. Boese v. Waltermire

Petitioner asked this Court to declare Initiative 104 (the Milk Decontrol Initiative) void and invalid, and to enjoin the Secretary of State from allowing it to appear on the November 1986 ballot. In an order signed October 2, 1986, we denied petitioner’s request. This opinion explains the reasoning behind that order.

The issues are:

1. Does petitioner have standing to bring this action?

2. Does the title to Initiative 104 clearly express the subject of the Initiative as required by the Montana Constitution, and does it violate the Constitution by failing to disclose the creation of cooperative…