38-page opinion - Election Law Blog

Case 6:12-cv-00012-CCL Document 168 Filed 10/10/12 Page 11 of 38
to Bob Lake, a Public Service Commissioner candidate; $500 to Wylie Galt, a
candidate for House District 83; and Liz Bangerter, a candidate for House District
80, except he is prohibited from giving that much by law.
Plaintiff John Milanovich resides in Bozeman. Milanovich ran
unsuccessfully for the State House in 2008. He appeared on the ballot for the
Republican primary in 2010, but decided to endorse one of his primary opponents
in that race. Milanovich intended to run for the State House again in 2012 from
House District 69, but after filing his candidacy, withdrew due to growing
obligations with his growing business. Milanovich filed his "Statement of
Candidate" Form C-l with the Office of the Commissioner of Montana Political
Practices. Form C-l must be filed within five days after a candidate for office
receives or spends money, appoints a campaign treasurer, or files for office,
whichever occurs first. The statutory authority for Form C-l is contained in
Montana Code Annotated §§ 13-37-201, 13-37-202, 13-37-205. Because
Milanovich filed his Fonn C-l, he was allowed to solicit and accept contributions
for his campaign. Milanovich began doing so.
Milanovich would have solicited and accepted contributions above the $160
contribution limit if the law did not prohibit and penalize him for doing so.
Moreover, Milanovich would have solicited and accepted contributions from the
Montana Republican Party above the $800 contribution limit. He also would have
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