INITIATIVE PETITIONING: Requirement that signature gatherers be Montanans reversed, ban on pay per signature affirmed… Lovell affirmed, reversed. [Read more…]
Elections, Green Party ballot access challenge
ELECTIONS: Green Party’s challenge to Montana’s primary ballot access scheme upheld in part, rejected in part… Morris affirmed, reversed. [Read more…]
Robocalls, political speech restrictions
ROBOCALLS: Montana statute restricting political speech is both underinclusive and overinclusive, not tailored to address State’s compelling privacy interests, does not survive strict scrutiny… Lovell reversed. [Read more…]
Abortion, preliminary injunction allowing by APRNs
ABORTION: Preliminary injunction properly granted allowing APRNs to perform early-term abortions pending challenge of statute restricting abortions to physicians and PAs… Menahan affirmed. [Read more…]
Elections, “pro-job growth” mailers
ELECTIONS: Entity that wanted to distribute “pro-job growth” mailers that mentioned candidates in upcoming Montana elections properly found subject to political committee reporting/disclosure requirements. . . Christensen affirmed (memorandum). [Read more…]
Robocall statute, home peace & tranquility
ROBOCALL STATUTE not violative of free speech in protecting peace & tranquility of the home, §1983 claim dismissed on summary judgment. . . robocaller had standing to bring challenge, not barred by door-closing statute. . . Lovell. [Read more…]
Right to know/participate, Title Bureau relocation
RIGHT TO KNOW/PARTICIPATE: Appeal of Dayton’s judgment rejecting challenges to Title Bureau move from Deer Lodge to Helena dismissed as moot since relocation completed and Plaintiffs failed to seek stay. [Read more…]
Elections, political committee disclosures
ELECTIONS: Election-eve request for preliminary injunction against enforcement of political committee disclosure laws denied… Christensen. [Read more…]