[EL] Montana
Rick Hasen
rhasen at law.uci.edu
Thu Oct 11 08:11:35 PDT 2012
Thanks for the correction Jim. I've corrected on the blog.
On 10/10/12 4:14 PM, JBoppjr at aol.com wrote:
> Judge Lovell has issued a /permanent injunction/. Jim Bopp
> In a message dated 10/10/2012 3:32:07 P.M. Eastern Daylight Time,
> rhasen at law.uci.edu writes:
>
>
>
> 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.
>
> http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=41390&title=The
> Montana Campaign Finance Case Ain’t Over Before This
> Election&description=
> <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.
>>
>> http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=41383&title=Confirmed:
>> 9th Circuit Has Reinstated Montana Campaign Contribution
>> Limits&description=
>> <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
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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
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