[EL] Montana
Rick Hasen
rhasen at law.uci.edu
Wed Oct 10 13:57:48 PDT 2012
Montana Case Will Be Back at 9th Circuit
<http://electionlawblog.org/?p=41393>
Posted on October 10, 2012 1:57 pm <http://electionlawblog.org/?p=41393>
by Rick Hasen <http://electionlawblog.org/?author=3>
Judge Lowell has now issued a 38-page opinion
<http://electionlawblog.org/wp-content/uploads/District-Court-Findings.pdf>explaining
his reasoning in striking down Montana's campaign finance laws. I'm at
the airport with no time to read this now.
I would note that while this removes one objection
<http://electionlawblog.org/wp-content/uploads/District-Court-Findings.pdf>
of the 9th Circuit to the judge's order (his lack of reasoning), I still
think it is fairly likely that the 9th Circuit keeps this stay in place
until after the election. The reason is that the Supreme Court in the
Purcell case (cited in the 9th circuit order) cautions about changes in
election rules just before the objection. That concern animated the DC
Court's approval of South Carolina's voter id case, but not until after
this election.
There's room for lots of confusion when rules are changed just before
the election, and the 9th Circuit could well keep the stay in place
until after this election, when there will be ample time to sort this out.
ATP's statement on Judge Lowell's ruling is here
<http://americantradition.org/?p=2766>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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On 10/10/12 2:30 PM, Rick Hasen wrote:
> <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
>>
>>
>>
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>
> --
> 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
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