Montanans for Community Development v. Mangan

In 1976, this Court narrowly construed a federal campaign finance law in order to shield civil society from overregulation in Buckley v. Valeo. And while Buckley remains this Court’s cornerstone case governing questions of money and elections, the Court has failed to police one of its core holdings: the requirement that comprehensive regulation may only be imposed upon groups spending a majority of their funds on unambiguous electoral advocacy. This case provides an opportunity for the Court to reassert that standard.

Certiorari would do more than restore foundational case law. Several states, including Montana, have chosen to enforce their campaign finance laws via a single, often politically involved, individual. As Commissioner Mangan’s predecessor’s experience teaches, such arrangements raise the specter of partisan enforcement of the laws, or at the very least, the appearance of such corrupt enforcement.

Read the full amicus brief here.