Legals for Wednesday, September 25, 2024

Notice of Close of Regular Voter Registration and Option for Late Registration

Notice is hereby given that regular* registration for the Federal General Election to be held on Tuesday, November 5, 2024, will close at 5:00 p.m., on Monday, October 7, 2024.

All active and inactive** electors of Phillips County are entitled to vote at said election.

**Inactive electors may reactivate by appearing at the polling place in order to vote, and completing a new voter registration card, by requesting an absentee ballot from the Phillips County Election Office, or by notifying the Phillips County Election Administrator in writing of the elector’s current address in the county.

Persons who wish to register and who are not presently registered may do so by requesting a form for registration by mail or by appearing at the Phillips County Election Office located in the Courthouse, 314 S 2nd Avenue West in Malta. If you have moved, please update your registration information by filling out a new voter registration card and submitting it to the Phillips County Election Office.

After regular registration has closed, late registration is currently available at the county election office up until 8 PM on election day.

If you have questions, please contact the Election Office at 406-654-2423 Monday through Friday, 8:00 a.m. to 5:00 p.m.

Dated this 10th day of September, 2024.

Lynnel LaBrie,

Phillips County Election Administrator

(Published by Phillips County News 9/18, 9/25, 10/2/2024)

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Jamie N. Hower

Bosch, Kuhr, Dugdale & Brown, PLLP

P.O. Box 7152

Havre, MT 59501

Telephone: (406)265-6706

[email protected]

Attorneys for Personal Representative

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, COUNTY OF PHILLIPS

In the Matter of the Estate Probate No. DP-24-19

Of

SHERMAN VON HOLZHEY,

NOTICE TO CREDITORS

Deceased.

NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this Notice or said claims will be forever barred.

Claims must either be mailed to the Personal Representative, return receipt requested, at Box 7152, Havre, Montana 59501, or filed with the Clerk of the above Court.

DATED this 11th day of September 2024.

/s/ Stacy Ron Holzhey

Stacy “Ron” Holzhey

Personal Representative

(Published by Phillips County News 9/25, 10/2, 10/9/2024)

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MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, COUNTY OF PHILLIPS

WILLIAMS LAND & CATTLE CO. ) Cause No. DV-2024-14

and LORRI L. WILLIAMS, )

Plaintiffs, ) JUDGE YVONNE G. LAIRD

vs. )

) SUMMONS BY

TERRY J. WILLIAMS, ) PUBLICATION

Defendant. )

To: TERRY J. WILLIAMS

17540 Roman Creek Road

Frenchtown, MT 59834

A lawsuit has been filed against you. You are hereby summoned to answer the Complaint in this action which is filed in the office of the Clerk of the above-captioned court, a copy of which is herewith served upon you. You must file your answer and serve a copy thereof upon the Plaintiff’s attorneys within twenty-one (21) days after the date of service of this Summons, exclusive of the day of service. If you fail to appear or answer, judgment will be taken against you by default for the relief requested in the Complaint by Plaintiffs. You must also file your answer or motion with the above-captioned court.

Witness my hand and seal of said court this 12th day of September, 2024.

Tami Christofferson

CLERK OF COURT

(Court seal) By: /s/Toni Smith

Deputy Clerk

(Published by Phillips County News 9/18, 9/25, 10/2/2024)

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The Malta Irrigation District, (406) 654-1440, Box 1340 Malta, MT 59538 has applied for an Opencut Permit amendment with the State of Montana for the mining of sand and gravel. The Nelson Pit OC#655, is 10.1 acres in size, is in S24, T32N, R32E and will be accessed off Lake Road. As proposed, Malta Irrigation District may remove 250,000 yards of sand and gravel before December 2054. The site does not include any permanent facilities. A map of the proposed permit location can be obtained by contacting the Malta Irrigation District or at the following website: http://deq.mt.gov/mining/programs/opencut

(Published by Phillips County News 9/18, 9/25/2024)

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PETITION FOR AUTO GATE

At a regular meeting of the Board of County Commissioners, a petition signed by several

residents and taxpayers of PHILLIPS COUNTY was presented to the Board requesting

An AUTO GATE to be placed at the following locations:

Township 32 North, Range 33 East P.M.M.

Located in the middle east of Section 7 and

middle west of Section 8

Located on Road number 76

A by-pass gate must be provided for trailing cattle or moving machinery when necessary.

An AUTO GATE to be placed at the following locations:

Township 32 North, Range 33 East P.M.M

Located in section 7 the north east corner

west side of 1/4 corner bordering section 6

south east corner west side of 1/4 corner

Located on Road number76

A by-pass gate must be provided for trailing cattle or moving machinery when necessary.

A hearing will be held on said petition on Monday September 30, 2024 at 2:00 p.m. in the Commissioners’ Room at the Phillips County Courthouse, at which time anyone may appear either for or against the said petition.

Dated this September 11, 2024

BOARD OF COUNTY COMMISSIONERS

Lynnel LaBrie, CLERK

(Published by Phillips County News 9/18, 9/25/2024)

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Constitutional Initiatives No. 126, No. 127, and No. 128

The following is the complete text of Constitutional Initiatives No. 126, No. 127, and No. 128, which will be submitted to the voters of the state of Montana at the November 5, 2024, General Election. The text is being published per the requirement of 13-27-311, Montana Code Annotated.

THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 126 (CI-126) BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Article IV of The Constitution of the State of Montana is amended by adding a new section 9 that reads:

Section 9. Top-four primary election for certain offices. (1) As used in this section, the term “covered office” means the office of governor, lieutenant governor, secretary of state, auditor, attorney general, superintendent of public instruction, state representative, state senator, United States representative, United States senator, and other offices as provided by law.

(2) The election for a covered office must consist of a primary election followed by a general election in which each of the four candidates for a covered office who receive the most votes in the primary election, and only those candidates, shall appear on the general election ballot.

(3) In an election for a covered office, the following conditions apply:

(a) All candidates, regardless of political party preference, affiliation, nomination or lack of political party preference, affiliation, or nomination shall appear on the same primary election ballot separated by office.

(b) Qualified electors, regardless of political party preference or affiliation or a lack thereof, may participate in the primary election for each covered office for which they are eligible to vote.

(c) Each qualified elector may vote for no more than one candidate for each office in the primary election.

(d) If it cannot be determined which four candidates received the most votes in the primary election because two or more candidates are tied, the tie shall be broken as provided by law.

(e) If four or fewer candidates for a covered office qualify for the primary election ballot, a primary election is not required and all candidates shall appear on the general election ballot.

(f) A space for write-in candidates may appear on the primary election ballot as provided by law.

(g) A candidate may not be required to obtain the endorsement or nomination of any political party or organization in order to qualify for the primary election ballot.

(h) If the legislature requires candidates to obtain signatures to qualify for the primary election ballot, the number of signatures required may not exceed 5% of the total votes cast for the candidate elected for the same office in the last general election for that office.

(i) A candidate may choose to have displayed next to the candidate’s name on the ballot the candidate’s preference for a political party or that the candidate prefers no political party. The format options must be as follows: “Party Preference _______________________” or “No Party Preference.”

(j) The ballot may not indicate that a candidate has been endorsed by or nominated by any political party.

(k) Each ballot must include a clear and conspicuous statement informing voters that a candidate’s indicated political party preference does not imply that the candidate is nominated or endorsed by the political party or that the political party approves of or associates with the candidate.

(4) This section may not be construed to amend, repeal, or modify Article VI, section 2 of the Montana constitution.

(5) This section does not apply to special elections for covered offices.

NEW SECTION. Section 2. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act]

is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

NEW SECTION. Section 3. Effective date. [This act] is effective January 1, 2025.

NEW SECTION. Section 4. Applicability. [This act] applies to elections for covered offices as defined in [section 1] held on or after January 1, 2025.

THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 127 (CI-127) BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA:

Section 1. Article IV, section 5 of The Constitution of the State of Montana is amended to read:

Section 5. Result of elections. (1) As used in this section, the term “covered office” means the office of governor, lieutenant governor, secretary of state, auditor,

attorney general, superintendent of public instruction, state representative, state senator, United States representative, United States senator, and other offices as

provided by law.

(2) In all elections held by the people for an office other than a covered office, the person or persons receiving the largest number of votes shall be declared elected.

(3) In all elections held by the people for a covered office, the person receiving a majority of votes as determined as provided by law shall be declared elected. If it cannot be determined which person received a majority of votes because two or more persons are tied, the elected person shall be determined as provided by law.

NEW SECTION. Section 2. Severability. If part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

NEW SECTION. Section 3. Effective date. [This act] is effective January 1, 2025.

NEW SECTION. Section 4. Applicability. [This act] applies to elections held on or after January 1, 2025.

THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 128 (CI-128) Article II of The Constitution of The State of Montana is amended by adding a new section 36 that reads:

Section 36. Right to make decisions about pregnancy.

(1) There is a right to make and carry out decisions about one’s own pregnancy, including the right to abortion. This right shall not be denied or burdened unless justified by a compelling government interest achieved by the least restrictive means.

(2) The government may regulate the provision of abortion care after fetal viability provided that in no circumstance shall the government deny or burden access to

an abortion that, in the good faith judgment of a treating health care professional, is medically indicated to protect the life or health of the pregnant patient.

(3) The government shall not penalize, prosecute, or otherwise take adverse action against a person based on the person’s actual, potential, perceived, or alleged

pregnancy outcomes. The government shall not penalize, prosecute, or otherwise take adverse action against a person for aiding or assisting another person in

exercising their right to make and carry out decisions about their pregnancy with their voluntary consent.

(4) For the purposes of this section:

(a) A government interest is “compelling” only if it clearly and convincingly addresses a medically acknowledged, bona fide health risk to a pregnant patient

and does not infringe on the patient’s autonomous decision-making.

(b) “Fetal viability” means the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of

the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.

(Published by Phillips County News 9/25, 10/09, 10/23/2024)

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