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SANDERS CTY. REPUBLICAN CENT. COMMITTEE v. BULLOCK

No. 12-35543.

698 F.3d 741 (2012)

SANDERS COUNTY REPUBLICAN CENTRAL COMMITTEE, Plaintiff-Appellant, v. Steven BULLOCK, in his official capacity as Attorney General for the State of Montana; James Murry, in his official capacity as the Commissioner for Political Practices for the State of Montana, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2012.

Attorney(s) appearing for the Case

Matthew G. Monforton , Bozeman, MT, for plaintiff-appellant.

Steven Bullock , Montana Attorney General, Michael G. Black (argued) and Andrew I. Huff , Montana Assistant Attorneys General, Helena, MT, for defendants-appellees.

Opinion by Judge RAKOFF; Dissent by Judge SCHROEDER.

OPINION

RAKOFF, Senior District Judge:

Since 1935, Montana has selected its judges through nonpartisan popular elections. Mont.Code Ann. § 13-14-111. Further to this end, Montana makes it a criminal offense for any political party to "endorse, contribute to, or make an expenditure to support or oppose a judicial candidate," Mont.Code Ann. § 13-35-231, and individuals who facilitate such activities...

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