Judge rules against election materials law

HELENA — A federal judge has once again struck down a law that requires candidates who criticize the voting records of another candidate to offer details on the vote.

The ruling stems from a lawsuit filed by GOP candidate J.C. Kantorowicz who is running for the state Senate District 10 seat in the June 7 primary against fellow GOP Steve Fitzpatrick, who now serves in the state House of Representatives.

Kantorowicz filed the lawsuit against Commissioner of Political Practices Jonathan Motl, Attorney General Tim Fox and Leo Gallagher, Lewis and Clark County attorney, in April, claiming that his First Amendment rights to criticize Fitzpatrick were muzzled by a state law that he described as an “incumbent protection act.”

Fitzpatrick had filed a complaint against Kantorowicz in April with the COPP office.

U.S. District Court Judge Dana L. Christensen made the ruling Monday.

Motl said it “is an issue the Legislature has grappled with for two consecutive sessions,” adding it was the second time a court has struck it down as being unconstitutional.

He said the law originated from people sitting in the Legislature believing they are being unfairly criticized for their votes. He said bills were passed in the 2013 and 2015 sessions and have been struck down.

“I have no idea what they will do in the 2017 legislative session,” Motl said.

Attorney Matthew Monforton, who is also a Republican state representative from Bozeman, said Christiansen’s ruling gives Kantorowicz the “same freedom any other American citizen has to criticize the voting record of” a candidate.

He said the court informed the state the so-called disclosure provision did nothing to improve the quantity of information to voters.

“The court apparently, felt, as we do, that the provisions are nothing more than an incumbent protection act,” Monforton said.

Kantorowicz said he was happy with the decision.

“I’m glad that the federal judge upheld the Constitution and our First Amendment rights to free speech, not only for myself, but for all Montanans,” he said Tuesday.

Fitzpatrick said he was disappointed.

“I filed the complaint against Mr. Kantorowicz because I believed Mr. Kantorowicz was lying about my record,” he said.

He said the purpose of the law is to require candidates to be honest when discussing another person’s voting record.

Kantorowicz said he has told the truth about Fitzpatrick’s vote.

Monforton said it was his “hope is that members of the Montana Legislature will take seriously their oath to the United States Constitution, which includes the First Amendment.”

Kantorowicz’s complaint was tucked inside a lawsuit filed by the National Association of Gun Rights protesting a portion of the state’s voter disclosure act.

Christiansen ruled against the plaintiff, saying “the public’s interest in transparent political funding outweighs the minimal burden the incidental exposure requirements impose, even for one-time expenditures.”

“This is a very welcome decision,” Motl said, adding the major portion of the disclose act is before the very same judge.