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The Montana Attorney General’s Office won’t appeal a district court ruling that found lawmakers went to unconstitutional lengths to pass new campaigning laws.
In February, Lewis and Clark County District Court Judge Mike Menahan ruled that lawmakers had added sections unrelated to the original intent of Senate Bill 319 in a late-session meeting without public participation, in violation of the Montana Constitution.
Assistant Solicitor General Brent Mead wrote in a filing dated May 11 that Gov. Greg Gianforte, the only named defendant in the case, would not appeal.
Mead wrote the state may, however, appeal any pending claims still before the judge, including attorneys fees and costs.
The bill initially dealt with campaign finance laws, joint fundraising committees and reporting rules. In a conference committee meeting one day before the 2021 Legislative session adjourned, lawmakers tacked on two amendments. One required a judge to recuse themselves if they received at least half of the maximum individual contribution from a lawyer or party during the previous six years. The other new amendment banned voter registration, signature collection, voter turnout and other activities by political groups in certain areas of university campuses.
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Menahan ruled in February the two amendments added to the bill in the conference committee did not fall under the original purpose of the bill. Montana law dictates bills must only change laws that fit under the bill’s title.
Menahan’s ruling voided the two sections added at the last minute while leaving the rest of the law enacted through SB 319 intact.
Even with Menahan’s ruling, the legal community appears to have taken notice of lawmakers’ intentions with the bill. District Court Judge Mike McMahon said in March he is still limiting donations to his state Supreme Court campaign to half of the maximum amount, the “$90 rule” that had been included in SB 319, just in case the Legislature attempts the same measure in next year’s session.
The plaintiffs who challenged the bill in this case included Forward Montana, the Montana Association of Criminal Defense Lawyers, Lewis and Clark County Attorney Leo Gallagher and private attorney Gary Zadick.
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