On August 16, the Ninth Circuit refused to reconsider Sanders Republican Central Committee v Fox, 12-35816. Earlier the Ninth Circuit had struck down Montana’s law making it a criminal offense for a political party to endorse a candidate for judge. The law had existed since 1935, the same year Montana converted its judicial elections to non-partisan elections.
The case did not settle the parallel question of Montana’s ban on political party contributions to candidates in judicial elections.
Montana says it may ask for U.S. Supreme Court review in this case. Thanks to Mike Fellows for this news.
So what did Montana consider an “endorsement” of a judicial candidate?
Sec. 13-35-231 is very short. It says, “A political party may not endorse, contribute to, or make an expenditure to support or oppose a judicial candidate.”