Our Community, Our Dollars, Appellant/cross-Appellee v. David Bullock, Tiffany Francis, and Bryan Keaton…

Summary

The court held that the circuit court improperly refused to consider 720 additional signatures when conducting its de novo review of the county clerk’s certification of a local-option petition, and it reversed and remanded for that review. It upheld applying the statutory burden-shifting rule for petitions containing evidence of forgery, rejected the constitutional challenge to that rule, and affirmed the rulings that no enacting clause was required and that signatures collected after filing but before notice of insufficiency could be counted. Justice Corbin, joined by the Chief Justice and Justice Danielson, dissented, arguing that the case was moot, that the remand improperly displaced the county clerk’s statutory role, and that the 720 signatures should not be considered.