Ed Butcher v. Austin Knudsen

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ED BUTCHER; LONNY BERGSTROM, No. 21-35010 Plaintiffs-Appellants, D.C. No. v. 6:20-cv-00057-

DLC

AUSTIN KNUDSEN, * in his official capacity as Attorney General of Montana; JEFFREY MANGAN, in his OPINION official capacity as Montana Commissioner of Political Practices, Defendants-Appellees.

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding

Argued and Submitted October 8, 2021 Portland, Oregon

Filed July 6, 2022

Before: William A. Fletcher, Sandra S. Ikuta, and Daniel A. Bress, Circuit Judges.

* Austin Knudsen is substituted for his predecessor, Timothy Fox, as Attorney General of Montana. Fed. R. App. P. 43(c)(2). Opinion by Judge Bress; Dissent by Judge W. Fletcher

SUMMARY **

Civil Rights

The panel reversed the district court’s summary judgment for Montana state defendants and held that Montana Administrative Rule 44.11603, under which plaintiffs were required by the Montana Commission of Political Practices to register as a political action…