[EL] Montana

[Rick Hasen]

    Confirmed: 9th Circuit Has Reinstated Montana Campaign Contribution
    Limits <http://electionlawblog.org/?p=41383>

Posted on October 10, 2012 8:40 am <http://electionlawblog.org/?p=41383> 
by Rick Hasen <http://electionlawblog.org/?author=3>

AP reports 
<http://www.washingtonpost.com/national/federal-appeals-court-reinstates-montana-campaign-contribution-limits-as-election-looms/2012/10/10/1b0a230e-12ef-11e2-9a39-1f5a7f6fe945_story.html>:. 
"The 9th U.S. Circuit Court of Appeals reinstated Montana's campaign 
donation limits, telling the federal judge who overturned it to outline 
his full reasoning so the panel can review the case. The court 
intervened late Tuesday less than a week after the judge's decision 
opened the door to unlimited money in state elections --- during the 
height of election season.... Over the past week, Montana election 
officials had urged candidates to abide by the old limits. But attorneys 
for conservative and Republican groups advised candidates they could 
take unlimited money during that window."

I expected this reversal.   Here's my earlier post:


        Breaking: Federal Court Strikes Down Many Montana Contribution
        Limits, Says Explanation Coming Later
        <http://electionlawblog.org/?p=41076>

    Posted on October 3, 2012 1:47 pm
    <http://electionlawblog.org/?p=41076> by Rick Hasen
    <http://electionlawblog.org/?author=3>

    Wow.  See this 5 page order,
    <http://electionlawblog.org/wp-content/uploads/district-court-order.pdf>
    striking down Montana Code Annotated 13-37-216
    <http://data.opi.mt.gov/bills/mca/13/37/13-37-216.htm> in its
    entirety. The judge did note that plaintiffs did not challenge the
    aggregate limits on political committee [corrected] contributions in
    13-27-218 <http://data.opi.mt.gov/bills/mca/13/37/13-37-218.htm>
    which remains in effect.

    It seems quite unusual for a judge to do this right before the
    election, and to do so without giving any reasoning (just a promise
    of reasoning to come later).  I expect Montana will go immediately
    to the Ninth Circuit for emergency relief, and judging fromthe last
    time a judge decided an important election question just before the
    election without giving any reasoning
    <http://electionlawblog.org/?p=39602>, there could well be an order
    staying this result, at least for this election.

    Below the fold you can read the text of what's now enjoined.

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-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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