Federal judge upholds Montana initiative curbing campaign contributions
By The Associated Press
09.25.00
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BILLINGS, Mont. — A state initiative that limits the amount of
money people can give to Montana candidates is constitutional, a federal judge
here has ruled.
U.S. District Judge Jack Shanstrom said Initiative 118 does not hinder
office-seekers from running effective campaigns.
The initiative limits contributions from individuals and political
action committees to candidates for the Legislature, governor and other
statewide offices.
Montana voters approved I-118 six years ago by a 61% to 39%
margin.
Critics claim the measure, along with a 1983 Montana law that limits
total contributions PACs can give legislative candidates, prohibits candidates
from waging legitimate campaigns and infringes on free speech rights.
In his ruling this week, however, Shanstrom found that neither the
limits of I-118 nor the 1983 law are unreasonable.
"The limits are not so radical in effect as to render political
association ineffective, drive the sound of a candidate's voice below the level
of notice and render contributions pointless," Shanstrom wrote.
Montanans, in adopting I-118, said they believe large campaign
contributions result "in at least the appearance of improper influence in the
political system," Shanstrom added.
Jonathan Motl, a Helena attorney and author of I-118, said Shanstrom's
ruling is great news.
"I'm very pleased," Motl said. "It's a good decision for the people of
Montana. It upholds an initiative that they passed and it says that citizens do
have a right to define how campaigns can be funded. I think that's good."
Ken Gray, a Helena attorney representing Montana Right to Life, called
the decision disappointing.
The group led efforts to have the initiative overturned.
"We believe citizens shouldn't be impaired in helping candidates get
out their message," Gray said. "In the larger sense, it's not the $250 or $500
contribution limit. The issue is, is it appropriate for courts to allow free
speech, free expression and free association or allow vitally important
political issues to be hobbled by limiting campaign contributions?"
Under I-118, campaign contribution limits are set at $400 in the
primary and $400 in the general election for governor and lieutenant governor.
The limit is $200 in both the primary and general election for other statewide
offices such as attorney general, auditor, superintendent of schools, secretary
of state and Supreme Court. The contribution cap is $100 in the primary and
general election for other public offices, including the state Legislature,
district court and Public Service Commission.
Shanstrom's ruling stems from a lawsuit filed in July 1997 by the
Montana Right to Life Association against the Stillwater County attorney and
Montana's political practices commissioner.
Prior to I-118, individuals could give a total of $1,500 to
gubernatorial candidates, $750 for other statewide office seekers, $400 for
candidates for state Senate, district judge or public service commissioner and
$250 for state House hopefuls.
Update
Federal appeals panel upholds Montana's campaign-donor limits
9th Circuit rejects claims that restrictions violate free-speech rights of those who want to contribute more to candidates.
09.25.02
