IN THE SUPREME COURT OF THE STATE OF MONTANA 

No. 13541 

MATTHEW JORDAN, and DANIEL KEMMIS, 

Petitioners, 

VS . 

FRANK MURRAY, THE SECRETARY OF STATE 

and ROBERT WOODAHL, THE ATTORNEY GENERAL 

OF THE STATE OF MONTANA, 

Respondents. - 

and y~aa.z$ 3'-/LG fn.igy 

THE "NO ON INITIATIVE 71 COMMITTEE", CLLh;;: : ,: Gli:pp~,fi~ c - , 

s i Pi-8 c :>gs. r:"; y*'", * an unincaporated association, and EDWARD 

KEIL, C. R. THIESEN, and RUSSELL J. COX, 

individuals, 

Intervenors. 

ORDER 

PER CURIAM: 

This is an appeal by respondents and intervenors from 

an order of the district court of Lewis and Clark County granting 

a writ of mandamus compelling the Secretary of State to place 

the Attorney General's original explanatory statement or summary 

of Initiative No. 71 (the so-called nuclear siting initiative) 

on the ballot for the general election. 

The order of the district court was orally entered by 

the district judge following hearing on September 22, 1976; 

the notice of appeal was filed September 23, the rules were 

suspended and the appeal was heard by this Court on the same 

day pursuant to written agreement and stipulation of counsel for 

all parties except the Secretary of State who did not appear; 

and the matter was argued, written briefs presented, and submitted to the Court for decision on September 23. It was represented to this Court by all appearing parties that this Court's 

decision herein was necessary not later than September 24 to 

meet statutory and printing deadlines. 

We now. reverse the order of the district court. We hold 

that the second explanatory statement or summary of the Attorney 

-1- 
General on Initiative 71 is entitled to be printed on the ballot 

and we order the Secretary of State to proceed accordingly. 

The reasons for our decision are: 

(1) The original statement or summary of the Attorney 

General, viz . 

"This act would amend the Montana Major Facility 

Siting Act. The proposed amendment would require 

legislative approval, in addition to the approval 

of the Board of Natural Resources, for construction 

of a nuclear facility. The Board may refuse 

approval if it finds: that the facility's liability is limited; that the facility's safety 

system is not satisfactory; or that there is a 

reasonable chance that radioactive or chemically 

toxic waste may be released into the environment. 

The act would further require the governor to publish procedures for evacuating affected communities 

and to establish emergency medical plans." 

does not satisfy the requirements of section 37-104.1, R.C.M. *** 

1947, in that it is not "a/true and impartial statement of the 

purpose of the measure in plain, easily understood language and 

in such a manner as shall not be an argument or likely to create 

prejudice for or against the measure." It could mislead the 

voters and is therefore illegal. 

(2) The second statement of the Attorney General, viz. 

"This Act would amend the Montana Major Facilities 

Siting Act by banning nuclear power plants in 

Montana until Congress removes federal liability 

limits. If this action takes place then further 

conditions must be met, or the ban of nuclear 

facilities would remain in effect. Such conditions 

include the comprehensive testing of substantially 

similar physical nuclear systems in actual operation 

and technical findings by the Legislature and the 

Board of Natural Resources that there is no reasonable chance of radioactive materials being released 

into the environment because of imperfect storage, 

earthquakes, acts of God, sabotage, act of war, 

theft, etc." 

satisfies the requirements of section 37-104.1, R.C.M. 1947. 

(3) Mandamus is a proper remedy. Section 93-9102, R.C.M. 

(4) The Attorney General has the power to revise his 

original statement or summary after the 10 day period provided 
in section 37-104.1, R.C.M. 1947, by reason of section 37- 

106, R.C.M. 1947, providing that the form of ballot shall be 

prescribed by the attorney general without time limitation. 

Let remittitur issue forthwith. / 

Chief Justice 

\ /