National Association for Gun Rights, Inc. v. Mangan, No. 18-35010 (9th Cir. 2019)Annotate this Case
The Association filed suit challenging Montana's electioneering disclosure laws on First Amendment grounds. Under Montana law, an organization that makes an expenditure of more than $250 on a single electioneering communication must register as a political committee, subject to certain organizational and disclosure requirements. The Ninth Circuit affirmed the district court's grant of summary judgment for Montana except with respect to one provision.
Like the disclosure provisions the panel approved in Human Life of Washington Inc. v. Brumsickle, 624 F.3d 990, 1016 (9th Cir. 2010), and Yamada v. Snipes, 786 F.3d 1182 (9th Cir. 2015), the panel held that most of Montana's disclosure and related requirements are substantially related to important governmental interests connected with informing the electorate. However, the panel held that only Montana's requirement that organizations designate a treasurer registered to vote in Montana is constitutionally infirm. In this case, the requirement was not substantially related to any important governmental interest, and was severable from the rest of the disclosure regime.