National Association for Gun Rights v. Motl et al

Filing 56

ORDERED: The Court's order of September 6, 2017 (Doc. 44) is VACATED to the extent it upholds the constitutionality of the so called "registered voter requirement" of Mont. Code. Ann. § 13-37-203. As to this statutory provision, Plaintiffs motion for summary judgment should have been GRANTED. Signed by Judge Dana L. Christensen on 9/23/2019. Associated Cases: 6:16-cv-00023-DLC, 6:16-cv-00033-DLC-JTJ (HEG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

NATIONAL ASSOCIATION FOR
GUN RIGHTS, INC.,

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

Plaintiff,

ORDER

vs.
JEFF MANGAN, 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.

Before the Court is the Mandate of the Ninth Circuit Court, issued pursuant
to Rule 41 (a) of the Federal Rules of Appellate Procedure.

(Doc. 55.)

On

September 6, 2017, and relevant to the Mandate, this Court granted Defendants'
motion for summary judgment, finding that Montana's electioneering and
disclosure regime withstands the First Amendment's exacting scrutiny.
at 17.)

Plaintiff appealed.

(Doc. 44

(Doc. 50.)

While the Ninth Circuit Court largely agreed with this Court's conclusion,

-1-

(Doc. 44), it reversed as to Mont. Code Ann. § 13-37-203.

(Doc. 54 at 31.)

There, the Court held that Montana's requirement that a political committee's
designated treasurer be a registered Montana voter fails to withstand exacting
scrutiny.

(Id.)

Nevertheless, the Court determined that "the registered-voter

provision is definitely severable from the rest of the Montana disclosure regime."
(Id. at 34.)

Therefore, because the Court found that "the remainder of

[Montana's] disclosure regime could still be executed in accordance with apparent
legislative intent," it held that "the rest of Montana's disclosure scheme remains in
force."

(Id. (internal quotation marks and citation omitted))

Accordingly, IT IS ORDERED that the Court's order of September 6, 2017
(Doc. 44) is VACATED to the extent it upholds the constitutionality of the socalled "registered voter requirement" of Mont. Code. Ann. § 13-37-203.

As to

this statutory provision, Plaintiffs motion for summary judgment should have been
GRANTED.
DATED this 2 ~ day of September, 2019.

Dana L. Christensen, Chief Ju ge
United States District Court

-2-