HELENA – The Montana attorney general’s office wants a judge to dismiss a lawsuit that seeks to remove from the 2012 ballot a referendum calling for tax credits if state revenue comes in higher than lawmakers expected.
Four labor unions and another group filed suit Oct. 5, arguing Legislative Referendum 123 is unconstitutional because it allows voters to appropriate money, rather than the Legislature.
Lee Newspapers of Montana reports that Assistant Attorney General Andrew Huff argued Thursday the constitutionality of the referendum shouldn’t be decided until after the election. He also argued the vote is on a tax credit.
If passed, the referendum would require the state to refund one-half of the revenue that exceeds 125 percent of the state’s budgeted general fund, if the excess amount is at least $5 million.