National Association for Gun Rights v. Motl et al

Filing 46

ORDERED that Montana Code Annotated 13-35-225(3) is declared unconstitutional as being violative of the First Amendment and Defendants are hereby permanently enjoined from commencing and prosecuting any actions under MCA 13-35-225(3) re (44 in 6:16-cv-00023-DLC). Signed by Judge Dana L. Christensen on 12/18/2017. Associated Cases: 6:16-cv-00023-DLC, 6:16-cv-00033-DLC-JTJ (DED)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
NATIONAL ASSOCIATION FOR
GUN RIGHTS, INC.,

CV 16-23-H-DLC
(Consolidated with
CV 16-33-H-DLC)

Plaintiff,
vs.

ORDER

JEFF MANGAN, 1 in his official
capacity as the Commissioner of
Political Practices for the State of
Montana; TIMOTHY C. FOX, in his
official capacity as Attorney General
for the State of Montana; LEO
GALLAGHER, in his official capacity
as County Attorney for the County of
Lewis & Clark,
Defendants.
On September 6, 201 7, this Court ordered Defendants to show cause as to
why declaratory relief should not be awarded in this case on Plaintiffs third claim
for relief and why a permanent injunction should not be issued. (Doc. 44 at 18.)
Plaintiffs third claim for relief requests that the Court declare Montana's vote
disclosure law, Montana Code Annotated§ 13-35-225(3), unconstitutional as

1

Pursuant to Federal Rule of Civil Procedure 25(d), Commissioner Jeff
Mangan is automatically substituted as a party in this case as the successor to
Jonathan Motl.
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violative of the First Amendment. (Doc. 1at16-17.) On September 14, 2017,
Defendants filed a Notice Re: Opportunity to Show Cause (Doc. 23) stating that
they "do not contest enjoinment of Mont. Code Ann.§ 13-35-225(3), and do not
plan to file an objection to the relief granted." Consistent with this Court's
previous Order and Defendants' Notice,
IT IS ORDERED that Montana Code Annotated§ 13-35-225(3) is declared
unconstitutional as being violative of the First Amendment and Defendants are
hereby permanently enjoined from commencing and prosecuting any actions under
Montana Code Annotated§ 13-35-225(3).
IT IS FURTHER ORDERED that the Clerk of Court is directed to close this
case and enter judgment.

o.~

Dated this _l_o_ day ofDecember, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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