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SANDERS COUNTY REPUBLICAN CENT. COMMITTEE v. FOX

No. 12-35816.

717 F.3d 1090 (2013)

SANDERS COUNTY REPUBLICAN CENTRAL COMMITTEE, Plaintiff-Appellee, v. Timothy C. FOX, 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-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 21, 2013.

Attorney(s) appearing for the Case

Timothy C. Fox , Montana Attorney General, and Michael G. Black , Montana Assistant Attorney General, Helena, MT, for Defendants-Appellants.

Matthew G. Monforton , Bozeman, MT, for Plaintiff-Appellee.

Lawrence A. Anderson , Great Falls, Montana; Matthew Menendez , Alicia Bannon , and David Earley , Brennan Center for Justice at NYU School of Law, New York, NY, for amicus curiae The Brennan Center for Justice at NYU School of Law.

Before: MARY M. SCHROEDER and RONALD M. GOULD, Circuit Judges, and JED S. RAKOFF, Senior District Judge.

OPINION

RAKOFF, Senior District Judge:

On May 29, 2012, appellee Sanders County Republican Central Committee ("the Committee") filed suit against appellants, the State of Montana's Attorney General and its Commissioner of Political Practices, seeking a declaration that certain portions of a Montana statute making it a criminal offense for any political party to "endorse, contribute to, or make an expenditure to support or oppose a judicial candidate" in...

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