Judges in Nevada and Montana threw out a handful of libertarian ballot measures in September. Montana State Judge Dirk Sandefur ruled that petition circulators engaged in a “pattern of fraud,” deceiving people into signing the petitions for a trio of ballot measures in that state. The measures sought to limit land-use regulations and taxes, and make it easier to recall judges. The Nevada Supreme Court also threw out a tax-limit measure, saying petitions for it were “misleading.” And Nevada cut another measure in half: It had sought to limit governments’ eminent domain powers along with land-use regulations, but state law says a ballot measure must address only one issue at a time, so the court tossed out the attack on regulations, leaving only eminent domain. Similar measures to limit eminent domain remain on the November ballots in five other Western states.
This article appeared in the print edition of the magazine with the headline Free will flounders in the courts.
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