## Facts

- David E. Foster served as Mayor of East Helena, Montana.
- Electors filed a recall petition under the Montana Recall Act against Foster, which limited recall to specified grounds (e.g., lack of fitness, incompetence, official misconduct, violating the oath of office, or felony conviction) and required a factual statement of the grounds.
- The petition alleged, in general terms, that Foster (1) demoted the police chief without cause and in violation of city ordinance, (2) failed to follow the order of business for four city council meetings, and (3) failed to conduct an orderly council meeting on February 4, 1982 and used vulgar language.
- Foster sued to enjoin the recall election, arguing the petition was legally insufficient because it did not plead specific facts showing conduct that would satisfy any statutory recall ground.
- The district court initially issued a temporary injunction, then granted summary judgment for the election officials, dissolved the injunction, and ordered the recall election to proceed.
- Foster appealed; enforcement of the district court order was stayed pending appeal.

## Issues

1. Whether a recall petition satisfies the Montana Recall Act when it states broad accusations but omits specific facts showing conduct that, if true, would constitute a statutorily enumerated ground for recall.
2. Whether courts may enjoin a recall election when the petition is legally insufficient on its face.

## Decision

- The Montana Supreme Court reversed the grant of summary judgment for the election officials.
- The Court held the recall petition was legally insufficient because its allegations were vague and conclusory and did not set forth specific facts that, if true, would establish a statutory ground for recall.
- The Court concluded the recall election could not proceed based on that petition.

## Legal Principles

- Recall is limited to the grounds specified by statute; a petition must connect alleged conduct to one or more enumerated grounds.
- A recall petition must state specific factual allegations; generalized grievances, labels, or conclusions do not satisfy the statutory requirement.
- Legal sufficiency of a recall petition is a question for the court to decide from the face of the petition; the electorate resolves factual disputes only after a legally sufficient petition is filed.
- The statutory specificity requirement serves to provide fair notice to the targeted official and to inform voters of the concrete conduct alleged, preventing recall from becoming a general vote of confidence.

## Conclusion

The court required recall petitions to plead concrete facts that, if true, would constitute an enumerated statutory basis for recall, and it barred a recall election where the petition relied on broad, non-specific accusations.


Foster v. Kovich, 673 P.2d 1239 (Mont. 1983)