Judge rules group must amend lawsuit over Bullock 'dark money' executive order

A federal judge ruled that a group suing to overturn a Montana executive order requiring disclosure of contributions to dark money groups has to fix their lawsuit or it will be permanently dismissed.

Judge Charles Lovell dismissed Illinois Opportunity Project’s lawsuit challenging a 2018 executive order by Gov. Steve Bullock and gave it to Jan. 21, to refile the lawsuit or will be dismissed permanently.

“Today’s decision is another chapter in Montana’s proud, successful history of standing up to out-of-state dark money groups that want to buy our elections,” Bullock said in a statement Thursday. “Montanans have long refused to let secret and special interests interfere in our elections — and as I always have, I’ll keep fighting to make sure it stays that way.”

Bullock’s order requires any company wanting to bid on state contracts in Montana worth more than $25,000 for services or $50,000 for goods to disclose donations of $2,500 or more to political groups including “dark money” organizations that are not required to to disclose donors.

Backed by the same lawyers involved in the Citizens United decision, Bullock’s statement said, Illinois Opportunity Project sued this summer to challenge the order, arguing that it wanted to spend in Montana’s 2020 gubernatorial election, but that it faced difficulty finding corporate donors due to the governor’s order.

In his order, Lovell wrote that Illinois Opportunity Project alleged in its lawsuit that it intends to send mailers out, including pictures and names of candidates for governor, urging those candidates not to continue Bullock’s executive order out of respect for privacy, free speech and the First Amendment to the U.S. Constitution.

Lovell also noted that Bullock will not be campaigning for governor in 2020. He is prevented from running by term limits.

Illinois Opportunity Project argues in the lawsuit that it wants to seek donations from donors in Montana to help cover its expenses and those could include donors impacted by Bullock’s executive order.

But the order notes, Illinois Opportunity Project does not claim that is has solicited donations from any potential donor from Montana that has refused to make a donation based on plans to do business with Montana state government.

Lovell wrote that it cannot make a decision in the case until Illinois Opportunity Project files a complaint alleging it or its members have suffered or are likely to suffer injury that can be traced to the executive order.

The court ordered Illinois Opportunity Project’s complaint dismissed without prejudice, meaning it can refile the complaint, and gave it to Jan. 21, to file an amended complaint “alleging sufficient facts to establish its standing to challenge the governor’s executive order.”

If Illinois Opportunity Project fails to file an amended complaint by Jan. 21, the case will be dismissed with prejudice, Lovell said.

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Bullock executive order: https://governor.mt.gov/Portals/16/docs/2018EOs/EO-15-2018_Disclosure%20Requirement.pdf .