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Gov. Steve Bullock, now a Democratic candidate for president, pushed the Montana Legislature to enact a political ad transparency law in 2015.

Montana dark money disclosure law upheld by federal appeals court

Montanans advocating for political ad transparency are breathing a sigh of relief now that a federal appeals court has upheld their state's campaign disclosure mandate.

To counteract the unlimited political ad spending allowed by the Supreme Court's 2010 Citizens United decision, Gov. Steve Bullock pushed the requirement into law in 2015. He has ceaselessly promoted this accomplishment In his long-shot presidential campaign, citing it as evidence he's uniquely positioned in the giant Democratic field to extinguish dark money's influence in Washington.

The Montana law requires nonprofit organizations to register with the state as political committees and file disclosures if they spend $250 or more in the final two months of a campaign on advertising or mailers referring to a candidate, political party or ballot initiative. The educational and social welfare groups known as 501(c)(4)s, which usually evade disclosure requirements and are often behind dark money activity, are covered by the requirement.


On Monday, a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld the disclosure requirement, ruling the state has a legitimate interest in knowing the identities of groups aiming to influence voters.

The National Association of Gun Rights sued in 2016 to eliminate the disclosure requirement. The group argued unsuccessfully that the law was unconstitutional because the First Amendment only allows states to regulate "express advocacy" ads, which directly support or oppose a specific candidate.

"Montana's disclosure requirements for political speech that mentions a candidate or ballot initiative in the days leading up to an election reflect the unremarkable reality that such speech — express advocacy or not — is often intended to influence the electorate regarding the upcoming election," Judge Marsha Berzon wrote in the 9th Circuit opinion rejecting the gun group's argument.

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We can and must embrace our diversity as the operating system of our nation, write the leaders of the Bridge Alliance.

Diverse people must be in every room where decisions are made

Molineaux and Nevins are co-founders of the Bridge Alliance, a coalition of 100 democracy strengthening organizations. (Disclosure: The Bridge Alliance Education Fund is a funder of The Fulcrum.)

As we look to history, it has always been the mystics and scientists, innovators and outliers who saw the future most clearly and acted to push — or call — society forward, to awaken from our slumber of the way things are and envision a better future. The stories of their personal transformation inspire us to be better individually and collectively. With this inspiration, we can and must transform our nation into a more perfect union.

As co-founders of the Bridge Alliance, we are inspired and challenged by the problems facing our country. Our 100 member organizations work daily to protect the ideals of our American Dream so we can create healthy self-governance that has never fully existed before. Our members work to harness the tension of our differences as we enact our inalienable right to life, liberty and the pursuit of happiness, balancing individual and community needs.

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Tech. Sgt. Jeff Kelly/U.S. Air Force

The Federal Voting Assistance Program assists military members who need to vote via absentee ballot. A spokeswoman for the Defense Department said there would be "minimal disruptions" if the United States pulls out of the international postage agency.

Costs to mail ballots may skyrocket for civilians, military living overseas

Election officials are growing increasingly concerned that the Trump administration's trade war with China could make it more difficult and expensive for overseas voters — including those in the military — to cast ballots in the 2019 and 2020 local, state and federal elections.

The issue is the pending withdrawal in October by the U.S. from the Universal Postal Union, a group of 192 nations that has governed international postal service and rates for 145 years.

Last October, the U.S. gave the required one-year notice stating it would leave the UPU unless changes were made to the discounted fees that China pays for shipping small packages to the United States. The subsidized fees — established years ago to help poor, developing countries — place American businesses at a disadvantage and don't cover costs incurred by the U.S. Postal Service.

With the U.S.-imposed deadline for withdrawal or new rates fast approaching, states officials are running out of time to prepare for overseas mail-in voting.

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