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  • In my view, there is a strong case here for allowing the measure to go to the voters before addressing its alleged constitutional infirmities. 1 The first was Cobb v. State, 278 Mont. at 309, 924 P.2d at 269, where we kept a legislatively-proposed constitutional amendment off the ballot because its approval by voters would leave a defect in the constitution which could not be remedied except by an
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