Federal judge blocks last-minute campaign rules change

U.S. District Judge Dana Christensen ruled against a Helena nonprofit group on Oct. 22, blocking their attempt to prevent Montana Commissioner Political Practices Jon Motl, Montana Attorney General Tim Fox, and the Lewis and Clark County Attorney’s Office from enforcing Montana’s campaign finance laws.

Montanans for Community Development, which bills itself as a group “to promote and encourage policies that create jobs and grow local economies,” sought the injunction.

The group argued that state laws defining political committees, political expenditures and contributions, establishing the commissioner’s investigative powers and authorizing publication of complaints filed with the commissioner and his decisions are unconstitutional.

The group’s attorney, Anita Milanovich of the Bopp Law Firm of Bozeman, referred questions to James Bopp, of Terre Haute, Ind. A nationally prominent lawyer. Bopp has challenged numerous laws regulating campaign finances. He represented Citizens United in the 2010 U.S. Supreme Court.

Christensen said the group was not entitled to a preliminary injunction.

“The relief requested by MCD is breathtaking in its scope, and if the court was to grant this relief, on the eve of the midterm elections, it would leave the Montana commissioner of political practices with essentially no laws to enforce and no powers of enforcement,” Christensen said.

Montana’s laws defining political committees and disclosure requirements are “constitutional on their face,” Christensen said.

“In Montana, the public’s right to know who is financing political campaigns vastly outweighs the minimal burden imposed by the political-disclosure requirements,” Christensen said.

Preventing state and county officials from implementing and enforcing political committee disclosure laws and preventing them from investigating or publishing any potential violation of elections laws would “dramatically alter the status quo,” Christensen wrote.

Motl said he was pleased with the decision.

“It sets the ground rule,” he said. “If you want to challenge our election laws, do it in an orderly manner in a way that doesn’t create chaos.”

He said Christensen’s decision was significant.

“Two years ago, we had a federal district court step in and disrupt Montana elections in the last month of the election,” Motl said, referring to a decision striking down Montana’s contribution limits. That decision later was overturned by the 9th U.S. Circuit Court of Appeals.