[EL] Montana

[Andy Kroll]

Has there been an election cycle in recent memory when the laws/rules have
changed so much in such a short span of time? A DC attorney I was talking
to yesterday sounded on the verge of a breakdown with so much in flux...

andy

On Wed, Oct 10, 2012 at 11:50 AM, Rick Hasen <rhasen at law.uci.edu> wrote:

>  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 from the 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.
>
>  [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D41383&title=Confirmed%3A%209th%20Circuit%20Has%20Reinstated%20Montana%20Campaign%20Contribution%20Limits&description=>
>   Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
> Off
>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://law.uci.edu/faculty/page1_r_hasen.htmlhttp://electionlawblog.org
> Now available: The Voting Wars: http://amzn.to/y22ZTv
>
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