Montana judge rules on limiting campaign donations
February 10, 2012
HELENA, Montana: U.S. District Judge Charles Lovell has ruled in favor of the state last week, upholding the ban on direct corporate contributions to campaigns. Lovell said he also plans to remove two of Montana's clean-campaign laws due to their attempt to regulate and restrict political criticism. He said that these aspects of the laws appear vague and unconstitutional. He has currently granted a request blocking the laws' enforcement until he is able to rule fully on the matter.[1]
Last week's decision was one of three lawsuits filed by the American Tradition Partnership (ATP), which attempt to overturn a variety of state campaign finance laws and regulations.[1]
Attorney General Steve Bullock was happy with Lovell's ruling. He commented, saying that the ATP's lawsuits are a "concerted effort by out-of-state corporations to dismantle our election laws and undermine the democratic process in Montana."
Though content with part of the ruling, Bullock will still fight for the preservation of the state's clean-campaign laws.
- "I look forward to showing at trial how Montana's laws governing truthful campaigning are needed and fulfill their purpose. Montanans deserve accuracy -- not distortions -- from their candidates for public office."[1] - Attorney General Steve Bullock
Attorney Jim Brown has said his clients are also pleased with some aspects of the ruling. They considered the blocking of enforcement of the clean-campaign language a step in the right direction. He was optimistic about the judge changing his mind in the future when it comes to monetary limits on campaign donations to candidates. The judge mentioned that his opinion might change if Brown can "marshal evidence showing that the contribution limits, while formerly adequate, no longer allow candidates 'to amass the resources necessary for effective campaign advocacy." Attorney Brown is the attorney for ATP and other groups who've united in an attempt to overturn these laws.
- "We believe that Judge Lovell has vindicated free speech and association in Montana. This (ruling) will allow people and corporations in Montana to speak (on campaigns) ... without fear of prosecution in the 2012 election."[1] -Attorney Jim Brown
See also
- News: Group challenges law requiring disclosure of campaign spending, October 20, 2011
Footnotes
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Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Montana • U.S. Bankruptcy Court: District of Montana
State courts:
Montana Supreme Court • Montana District Courts • Montana Courts of Limited Jurisdiction • Montana Water Court • Montana Workers' Compensation Court
State resources:
Courts in Montana • Montana judicial elections • Judicial selection in Montana
