Montana Right to Life Ass'n v. Eddleman

306 F.3d 874, 2002 WL 31109651
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 24, 2002
DocketNo. 00-35924
StatusPublished
Cited by2 cases

This text of 306 F.3d 874 (Montana Right to Life Ass'n v. Eddleman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Montana Right to Life Ass'n v. Eddleman, 306 F.3d 874, 2002 WL 31109651 (9th Cir. 2002).

Opinions

Opinion by Judge SILVERMAN; Dissent by Judge TEILBORG.

OPINION

SILVERMAN, Circuit Judge.

In 1994, Montana voters passed various campaign finance reform measures contained in a ballot proposition known as Initiative 118. At issue in this case are two of the provisions contained in that initiative. The first lowers the maximum dollar amount both political action committees and individuals may contribute to a political candidate; the second limits the aggregate dollar amount a candidate may receive from all PACs combined. Plaintiffs-appellants brought suit to invalidate some of the measures in Initiative 118, claiming they unduly burdened protected speech and associational rights. After a four-day bench trial, the district court made numerous factual findings and struck down portions of Initiative 118 not at issue here. As to the two provisions challenged on appeal, the district judge upheld them as sufficiently tailored to achieving Montana’s important interest in preventing corruption and the appearance of corruption in Montana politics.

We affirm. The district court’s factual findings are adequately supported by the record and are not clearly erroneous. Applying these facts to the analytical framework set forth in Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612, 46 L.Ed.2d 659 (1976) and Nixon v. Shrink Missouri Gov’t PAC, 528 U.S. 377, 120 S.Ct. 897, 145 L.Ed.2d 886 (2000), we agree that the two challenged provisions do not violate the First Amendment.

I. Factual Background

In 1994, Montana voters passed Initiative 118, a campaign finance reform scheme containing, among other provisions, two sections that were subsequently enacted as Mont.Code Ann. (M.C.A.) §§ 13-37-216 and -218. The first provision at issue here, M.C.A. § 13-37-216, imposes limits on individual and political action committee contributions to state candidates, the amount of which varies with the office sought.

Aggregate contributions for each election in a campaign by a political committee or by an individual, other than a candidate, to a candidate are limited as follows:
(i) for candidates filed jointly for the office of governor and lieutenant governor, not to exceed $400;
(ii) for a candidate to be elected for state office in a statewide election, other than the candidates for governor and lieutenant governor, not to exceed $200;
(iii) for a candidate for any other public office, not to exceed $100.

Mont.Code Ann. § 13-37-216(l)(a). Because these limits apply to “each election in a campaign,” the amount an individual may contribute to a candidate doubles when the candidate participates in a contested primary. While M.C.A. § 13-37-216 lowered the amount of money that individuals and PACs can contribute to candidates, it increased the amount that political parties are permitted to contribute. Id. § 13 — 37—216(3).1

[878]*878The second provision at .'issue in this appeal, M.C.A. § 13-37-218, limits the amount that a candidate for the state legislature may receivé from all political action committees combined. It provides in pertinent part:

A candidate for the state senate may receive no more than $1,000 in total combined monetary contributions from all political committees contributing to the candidate’s campaign, and a candidate for the state house of representatives may receive no more than $600 in total combined monetary contributions from all political committees contributing to the candidate’s campaign. The limitations in this section must be multiplied by the inflation factor [defined elsewhere]. The resulting figure must be rounded off to the nearest $50 increment.

Id. § 13-37-218. Adjusted for inflation, the PAC contribution ceiling at the time of trial was $2,000 for state senate candidates and $1,250 for state house candidates. Under M.C.A. § 13-37-218, a candidate is permitted to accept additional PAC contributions once the aggregate PAC contribution limit has been reached, provided that he returns funds to earlier PAC. donors to make room for later-received contributions. It is important to note that M.C.A. § 13-37-218 does not prevent PACs from contributing to political parties, nor does it prevent PACs from spending money on independent political advertisements or otherwise engaging in political speech. Section 13-37-218 merely limits how much PACs as a group can donate to any one candidate.

The Montana Right to Life Association, Montana Right to Life Political Action Committee, and Julie Daffin, President of the Montana Right to Life Association (collectively, “MRLA”) have all made or attempted to make contributions to Montana legislative candidates. MRLA brought this lawsuit in 1996, challenging six of the campaign finance reform measures contained in Initiative 1-118.

The district court granted partial summary judgment to MRLA, declaring four of the initiative’s provisions unconstitutional, but left for trial the constitutionality of M.C.A. §§ 13-37-216 and -218. After a four-day bench trial, the district court issued findings of fact and conclusions of law, upholding the two provisions at issue here. The district court relied in part on the testimony of Jonathon Motl, the drafter of the ballot.initiative, that 1-118 affects only the largest contributions to the various offices. The . judge found that the limits imposed by M.C.A. § 13-37-216 “were in the.upper 10% of contributions for the particular offices.” That is, nine out of ten donations to political candidates were unaffected by this measure.

The district court also found that M.C.A. § 13-37-218, the aggregate PAC contribution limit provision, had the effect of limiting the amount the average candidate received from PACs to about 29% of all contributions received. The court found that, at the time of trial, state house candidates continued to raise an average of $4,464.87, and state senate candidates con-[879]*879tinned to raise an average of $6,869.04, despite the limits imposed by M.C.A. § 13-37-218. The evidence further showed that the cost of a House race in Montana was between $3,000 and $7,000, and a Senate race between $6,000 and $9,000. The district court thus found that MRLA was unable to demonstrate that the limits imposed left candidates with insufficient funds to run an effective campaign: “[0]utside of bald, conclusory allegations that their campaigns would have been more ‘effective’ had they been able to raise more money, none of the witnesses offered any specifics as to why their campaigns were not effective.” It further found that “there is no indication that the contribution limitations imposed would have any dramatically adverse effect on the funding of campaigns and political associations .... ”

Applying the standards announced by the Supreme Court in Shrink Missouri,

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Related

Homans v. City of Albuquerque
366 F.3d 900 (Tenth Circuit, 2004)
Montana Right To Life Association v. Eddleman
306 F.3d 874 (Ninth Circuit, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
306 F.3d 874, 2002 WL 31109651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montana-right-to-life-assn-v-eddleman-ca9-2002.