Commissioner of Political Practices v. Republican Party
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The Supreme Court affirmed the order of the district court granting summary judgment in favor of the Montana Republican Party and denying the motion for summary judgment filed by the Commissioner of Political Practices (COPP) in this campaign finance complaint, holding that the district court did not err in determining that COPP lacked authority to issue a subpoena for production of documents.
The Montana Democratic Party filed a campaign finance complaint with COPP alleging that the Montana Republican Party had failed to comply with statutory reporting and disclosure requirements. As part of its investigation, COPP issued a subpoena for production of documents, commanding the Republican Party to produce specified documents relating to campaign practices and expenditures. COPP issued the subpoena pursuant to the authority of Mont. Code Ann. 13-37-111. The district court granted summary judgment to the Republican Party, concluding that section 13-37-111 did not confer COPP with the authority to issue subpoenas for documents. The Supreme Court affirmed, holding that the district court did not err.
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