38-page opinion - Election Law Blog
38-page opinion - Election Law Blog
38-page opinion - Election Law Blog
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Case 6:12-cv-00012-CCL Document 168 Filed 10/10/12 Page 2 of <strong>38</strong><br />
The remainder ofthis case--the constitutionality of Montana's contribution<br />
limits in Montana Code Annotated § 13~37~216-came before the Court in a<br />
bench trial held from September 12, 2012, to September 14,2012. The plaintiffs<br />
were represented by James Bopp, Jr., and the defendants were represented by<br />
Michael Black and Andrew Huff. The plaintiffs argue that the contribution limits<br />
are unconstitutional under the First Amendment. For the reasons below, the Court<br />
declares those limits unconstitutional and permanently enjoins the defendants from<br />
enforcing them.<br />
JURISDICTION, VENUE, AND PARTIES<br />
The plaintiffs seek injunctive and declaratory relief under 42 U.S.C. § 1983.<br />
Jurisdiction is proper under 28 U.S.C. §§ 1331 and 1343(a). Venue is proper under<br />
28 U.S.c. § 1391(b).<br />
Plaintiffs American Tradition Partnership PAC, Montana Right to Life<br />
Association PAC, Lake County Republican Central Committee, and Beaverhead<br />
County Republican Central Committee each constitute a "political committee" as<br />
defined by Mont. Code Ann. § 13~1-101(22). Plaintiffs Lake County Republican<br />
Central Committee and Beaverhead County Republican Central Committee further<br />
qualifY as "political party organizations" within the meaning of Mont. Code Ann.<br />
§ 13-37-216(3). Plaintiffs Doug Lair and Steve Dogiakos both want to make<br />
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