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Friday, April 15, 2016

The entry below was getting complicated so i'll keep this one simpler.
In 2012 I wrote to Montana telling it to stop enforcing its disclaimer provisions.
I have misplaced that letter, it might have been sent via one of those online form things.
I got a handwaving reply,and only just now replied to that, so here are those two letters.

Robbin Stewart gtbear@gmail.com

6:45 PM (0 minutes ago)
to Julie
Hi Julie. I realize 4 years have gone by. I don't know if this is still a working address. I am checking in to see if there were changes made in reaction to the Lair decision Commission Murry's email references.

Also, I seem to have misplaced my own letter that you were responding to.
I don't suppose you kept a copy?

I have read with interest the Campbell decision. 
http://politicalpractices.mt.gov/content/2recentdecisions/WittichvCampbellDecision, which gets the law wrong about McConnell and Majors v Abell. I was counsel in Majors.

Anyway, I would like to find out if the commission has a more current policy about how it handles disclaimer complaints. I am likely to follow up with a demand that you stop all enforcement of disclaimer requirements, as they are unconstitutional per McIntyre, Talley v California, Buckley ACLF, etc.,
but first I try to find out how things are currently handled.

I have seen some of the decisions that apply a de minimus standard,and the Landgaard frivolous complaint policy, and those are improvements, but do not go far enough. 

I will try to reply more promptly next time.

On Mon, Mar 26, 2012 at 4:04 PM, Steab, Julie <jsteab@mt.gov> wrote:
Mr. Stewart –

Commissioner Murry sent you a response on March 12th but it appears you did not receive his response.  Commissioner Murry has already deleted his sent messages from the 12th – please accept our apologies for the error in transmission.  Below is the information Commissioner Murry sent -

Thank you for your email inquiring about the summary of facts and statement of findings in the Matter of the Complaint Against Barbara Campbell, Utility Solutions, LLC, and Double-Tree, Inc. (Nov. 17, 2009).  The case was subsequently settled without litigation for $160.  The summary of facts and statement of findings in that case cited and analyzed the Supreme Court’s decision in McIntyre v. Ohio Elections Commission, which you mention in your email.  The disclaimer notice posted on my office’s website provides basic information regarding Montana’s statutory requirements for attribution language on campaign materials.  The notice will likely be revised based on a recent ruling by U.S. District Judge Charles C. Lovell, available at this link: 


Please let me know if you have additional questions. 

Julie Steab, Investigator
Montana Commissioner of Political Practices

The thing that had me checking on this stuff again was the filing of:

Kantorowicz v. Motl et al 6:2016cv00033


Filed:April 14, 2016


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