A federal judge has once again struck down a law that requires candidates who criticize the voting records of another candidate to offer details on the vote. The ruling stems from a lawsuit filed by GOP candidate J.C. Kantorowicz who is running for the state Senate District 10 seat in the June 7 primary against fellow GOP Steve Fitzpatrick, who now serves in the state House of Representatives. Kantorowicz filed the lawsuit against Commissioner of Political Practices Jonathan Motl, Attorney General Tim Fox and Leo Gallagher, Lewis and Clark County attorney, in April, claiming that his First Amendment rights to criticize Fitzpatrick were muzzled by a state law that he described as an “incumbent protection act.” Fitzpatrick had filed a complaint against Kantorowicz in April with the COPP office. U.S. District Court Judge Dana L. Christensen made the ruling Monday.
Motl said it “is an issue the Legislature has grappled with for two consecutive sessions,” adding it was the second time a court has struck it down as being unconstitutional.
He said the law originated from people sitting in the Legislature believing they are being unfairly criticized for their votes. He said bills were passed in the 2013 and 2015 sessions and have been struck down. “I have no idea what they will do in the 2017 legislative session,” Motl said.
Attorney Matthew Monforton, who is also a Republican state representative from Bozeman, said Christiansen’s ruling gives Kantorowicz the “same freedom any other American citizen has to criticize the voting record of” a candidate.
Full Article: Judge rules against election materials law.