[EL] Montana
Rick Hasen
rhasen at law.uci.edu
Wed Oct 10 11:30:39 PDT 2012
<http://electionlawblog.org/>
The Montana Campaign Finance Case Ain't Over Before This Election
<http://electionlawblog.org/?p=41390>
Posted on October 10, 2012 11:30 am
<http://electionlawblog.org/?p=41390> by Rick Hasen
<http://electionlawblog.org/?author=3>
I have now seen the order
<http://www.ca9.uscourts.gov/datastore/general/2012/10/10/12-35809_temp_stay_order.pdf>.
It is possible that Judge Lovell could issue findings, and the 9th
Circuit motions panel, could reinstate his preliminary injunction,
before the election.
But I would not count on it.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D41390&title=The%20Montana%20Campaign%20Finance%20Case%20Ain%E2%80%99t%20Over%20Before%20This%20Election&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10> |
Comments Off |
On 10/10/12 11:50 AM, Rick Hasen 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
> 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.
>
> 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 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu
> http://law.uci.edu/faculty/page1_r_hasen.html
> http://electionlawblog.org
> Now available: The Voting Wars:http://amzn.to/y22ZTv
>
>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
Now available: The Voting Wars: http://amzn.to/y22ZTv
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20121010/0f664ff2/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20121010/0f664ff2/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20121010/0f664ff2/attachment-0001.png>
View list directory