3-2-202. Original jurisdiction -- contest of ballot issue. (1) Except as provided in subsection (3), in the exercise of its original jurisdiction, the supreme court has power to issue writs of mandamus, certiorari, prohibition, injunction, and habeas corpus.
     (2) It also has power to issue all other writs necessary and proper to the complete exercise of its appellate jurisdiction.
     (3) (a) Except as provided in subsection (3)(b), a contest of a ballot issue submitted by initiative or referendum may be brought prior to the election only if it is filed within 30 days after the date on which the issue was certified to the governor, as provided in 13-27-308, and only for the following causes:
     (i) violation of the law relating to qualifications for inclusion on the ballot;
     (ii) constitutional defect in the substance of a proposed ballot issue; or
     (iii) illegal petition signatures or an erroneous or fraudulent count or canvass of petition signatures.
     (b) A contest of a ballot issue based on subsection (3)(a)(i) or (3)(a)(iii) may be brought at any time after discovery of illegal petition signatures or an erroneous or fraudulent count or canvass of petition signatures.
     (c) Nothing in subsection (3) limits the right to challenge a measure enacted by a vote of the people.

     History: En. Sec. 19, C. Civ. Proc. 1895; re-en. Sec. 6251, Rev. C. 1907; re-en. Sec. 8803, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 51; re-en. Sec. 8803, R.C.M. 1935; R.C.M. 1947, 93-214; amd. Sec. 1, Ch. 540, L. 1987.