HELENA, Mont. (AP) — The 9th U.S. Circuit Court of Appeals reinstated Montana's campaign donation limits, telling the federal judge who struck down the limits that the panel needs to see his full reasoning so it can review the case.
The court intervened late Tuesday less than a week after the judge's decision opened the door to unlimited money in state elections — during the height of election season.
In response, U.S. District Judge Charles Lovell issued a 38-page conclusion Wednesday morning that reinforced his earlier decision finding that the state's limits are too low to allow effective campaigning. He suggested the state Legislature would have a "clean canvas" to perhaps establish new, higher limits that could meet constitutional muster.
The 9th circuit did not immediately respond, leaving the state limits in place — for the time being. The legal back and forth came with less than a month until Election Day.
Montana limits range from $630 for an individual contributing to a governor's race to $160 for a state House candidate. The amounts are adjusted each election cycle to account for inflation. The law also limited aggregate donations from political parties.
Conservative groups emboldened by the 2010 U.S. Supreme Court's Citizens United decision have made Montana the center of the fight over many campaign finance restrictions.
The groups have convinced a federal judge to strike down several laws as unconstitutional, including the cap on contributions given to candidates by individuals and political parties.
Over the past week, Montana election officials had urged candidates to abide by the old limits. But attorneys for conservative and Republican groups advised candidates they could take unlimited money during that window.
Some candidates said they would abide by the old limits, while others considered the idea of taking larger donations. The effect won't be known until disclosure reports are filed later with the state Commissioner of Political Practices.
The disclosure of donations is still required, although state officials worry that conservative groups will next attack that aspect of campaign finance law.