On September 22, the Ninth Circuit refused to rehear the part of Pierce v Jacobsen, 21-35173, that left intact Montana’s ban on paying initiative circulators on a per-signature basis. The original decision had said the ban might be unconstitutional, but that the plaintiffs hadn’t filed enough evidence to make that case.
That decision had also struck down the ban on out-of-state circulators, and Montana did not ask for a rehearing on that part of the case.