-----Original Message----From: Jim Brown [mailto:thunderdomelaw@gmail.com] Sent: Monday, December 23, 2013 4:02 PM To: thunderdomelaw@gmail.

com Subject: i-166 press release -- initiative deemed unconstituional by Montana district court Decision attached PRESS RELEASE FOR IMMEDIATE RELEASE December 23, 2013 Judge Kathy Seeley strikes down Initiative-166; Seeley rules the Initiative unconstitutionally attempted to direct and orchestrate legislative actions and constitutional amendments in direct contravention to the United States and Montana Constitutions. Helena December 23, 2013 Today, Montana citizens Geoff Goble of Big Timber and Jeannie Marie Rickert of Lewistown received a favorable ruling issued by Judge Kathy Seeley sitting in the First Judicial District Court in Helena on their challenge to the constitutionality of Montana Ballot Initiative -166 (I-166). I-166 appeared as a ballot initiative during the 2012 November election and was passed by the voters. Ironically, I-166 was supported financially primarily by Common Cause, a Washington D.C. based corporation. According to reports filed with the Montana Commissioner of Political Practices, Common Cause spent over $303,000 in promoting I-166. A copy of the decision and the relevant COPP filing accompany this press release. As stated on the face of the Initiative, with its passage, I166 made it a policy of the State of Montana that corporations arent people and therefore are not entitled to constitutional rights and protections. The Initiative also sought to require Montanas congressional delegation to offer an amendment to the United States Constitution that overturns the United States Supreme Courts decision in Citizens United and that establishes as a constitutional matter that corporations do not have constitutional rights. Further, the Initiative codified language that charged Montanas legislature to vote to ratify such a constitutional amendment and further charged Montanas legislative officials with enacting laws that would have prohibited corporations from making campaign contributions or expenditures either in candidate races or on ballot issues. Judge Seeleys order struck the Initiative on the grounds that the Initiative is unconstitutional because it violates the separation of powers doctrine by improperly directing elected officials to take specified legislative actions and by requiring them to vote in a predetermined manner. Judge Seeley found it particularly troubling that the Initiative would have subjected members of the Legislature to criminal and civil liability for failing to vote in a manner consistent with the policies and directives set forth in the

Initiative, i.e. to vote on matters denying corporations constitutional protections and rights. Judge Seeley noted that the attempt by the Initiative sponsors to require the Legislature to reach certain results when voting is repugnant to the basic tenants of our representative form of government guaranteed by the Montana Constitution. Judge Seeley also ruled that that the Initiative was also unconstitutional because it constituted an improper attempt by the sponsors of the Initiative to insert themselves into the United States Constitution Article V amendment process. Article V of the United States Constitution makes clear that only Congress and the state legislatures play in a role in proposing constitutional amendments. Judge Seeley upheld that portion of the Initiative that makes it the policy of the State of Montana that corporations are not human beings with constitutional rights. However, in making such a ruling, Judge Seeley noted that the policy section of the Initiative was problematic because it was approved to go on the ballot by then Attorney General Bullock with a clearly inaccurate statement as to the constitutionality or lack thereof of Montanas law that prohibited corporations from speaking on ballot initiatives and participating in Montana elections. Rickert and Goble first filed the suit to challenge the constitutionality of I-166 in August of 2012, nearly 3 months prior to the November 6, 2012 during which I-166 was passed. The two Montana residents filed suit after determining that the Initiative, on its face, interfered with the constitutionally protected rights of Montanans to speak and to associate and further interfered with the right of Montanas elected officials to freely act in their representative capacity. Said Goble on Judge Seeleys ruling, todays ruling striking down as I-166 is very gratifying given the extensive time and effort required to challenge the Initiative. Judge Seeley upheld her duty as a member of Montanas judiciary to serve as the check on unconstitutional action even when that unconstitutional action is taken by a vote of the people. Personally, I took a very unpopular action in filing this action and suffered a lot of personal abuse for doing from persons who believe that only certain favored groups and persons should be able to speak on issues of public importance. I am pleased that my lawsuit received its day in court and received fair consideration from Judge Seeley. In every constitutional case Ive been involved with, it has been my experience that when the Court actually reviews the substance of the legal challenge, the constitution has prevailed. I am hoping todays decision serves as talisman for those, like common cause, who have worked and are currently working to squelch political speech and association in this country, namely in Montana. Stated Rickert, it was clear to me the first time I read the text of I-166 that the Initiative was unconstitutional on its face and

that the supporters of this Initiative were only pushing it for their own political gain and advantage. I am pleased that the substantive portion of I-166, which directed Montanas elected officials on both the state and national levels to take legislative actions that were clearly unconstitutional, has been struck down. However, it is my belief that, as former Justice Nelson noted prior to the vote on this Initiative last year, this Initiative was a sham from the start, did not purport to do what its supporters represented in that the State of Montana cannot overturn Citizens United, and should have not been on the 2012 ballot on the first instance. The backers of this legislation, including current political practices Commission Jon Motl, breached the trust of the people of Montana by using the peoples Initiative process to run a meaningless and biased policy statement that was unconstitutional on multiple grounds Rickert and Goble were represented legally by: Dillon native James Brown of the James Brown Law Firm; native Chris Gallus of the Gallus Law Office.

and Butte

Brown and Gallus both practice law primarily in Helena and both lawyers focus on protecting Montana citizens from unconstitutional actions by the State of Montana. Contact: Jim Brown attorney. 406-925-1745 Chris Gallus attorney. 406-459-8676