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Zastrow v Bullcok

Zastrow v Bullcok

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Published by Howard Friedman

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Published by: Howard Friedman on Oct 07, 2012
Copyright:Attribution Non-commercial

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10/27/2012

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FILED
OCT
-2
2012
~
DIatrict
Court
4
M0ntan8
UNITED STATES DISTRICT COURT DISTRICT OF MONTANA BILLINGS DIVISION 
CALVIN ZASTROW,Plaintiff,
v.
STEVEN BULLOCK, in his officialcapacity as Montana's Attorney General;LINDA McCULLOCH, in her officialcapacity as Montana's Secretary
of
State;JAMES MURRY, in his official capacity asthe Political Practices Commissioner;COUNTY OF YELLOWSTONE; SCOTTTWITO, in his official capacity as theYellowstone County Attorney; KEVINGILLEN, in both his individual and officialcapacity as a Yellowstone County DeputyAttorney; and JOHN DOES 1-3, in boththeir individual and official capacity asYellowstone County Deputy Sheriffs,Defendants.) Case No. CV 12-18-RFC
))
)
STIPULATED JUDGMENT FOR
)
PERMANENT INJUNCTION
)))))))))))))))
Before the Court is the parties' Joint Motion for Entry
of
StipulatedJudgment For Permanent Injunction. The court determines that the motion shouldbe and is hereby GRANTED.
Case 1:12-cv-00018-RFC Document 22 Filed 10/02/12 Page 1 of 4
 
Plaintiff Calvin Zastrow has filed a complaint for permanent injunctionagainst Defendants Steve Bullock, Linda McCulloch, James Murry, County
of
Yellowstone, Scott Twito and Kevin Gillen. That complaint seeks to enjoinDefendants from enforcing
§
13-35-218(2), MCA, which states as followsA person who is a minister, preacher, priest,
or
otherchurch officer or who is an officer
of
any corporation
or
organization, religious or otherwise, may not, other thanby public speech or print, urge, persuade, or commandany voter to vote or refrain from voting for or againstany candidate, political party ticket, or ballot issuesubmitted to the people because
of
the person's religiousduty or the interest
of
any corporation, church, or otherorganization.The complaint also seeks to enjoin Defendants from enforcing § 13-13-113(1),MCA, which requires the text
of
§
13-35-218(2), MCA, to be included in"Warning Posters" that are displayed in polling stations throughout the state.Defendants voluntarily consent to this injunction and waive any right theymay have to appeal from it. Defendants further consent to entry
of
this Judgment
of
Permanent Injunction without further notice and agree that this Court shallretain jurisdiction over them for purposes
of
enforcing this Judgment forPermanent Injunction.
2 
Case 1:12-cv-00018-RFC Document 22 Filed 10/02/12 Page 2 of 4
 
Therefore, the Court hereby ORDERS, ADJUDGES, and DECREES that:
1)
Defendants Steve Bullock, Linda McCulloch, James Murry, County
of
Yellowstone, Scott Twito and Kevin Gillen, their successors, officers, agents,servants, employees,
or
persons in active concert with any
of
them, are restrainedand enjoined from enforcing
§
13-35-218(2), MCA.2) Defendants Steve Bullock, Linda McCulloch, James Murry, County
of
Yellowstone, Scott Twito and Kevin Gillen, their successors, officers, agents,servants, employees,
or
persons in active concert with any
of
them, are restrainedand enjoined from including the text
of
§
13-35-218(2), MCA, in "WarningPosters" that are displayed in polling stations throughout the state pursuant to
§
1313-113(1), MCA.As between Plaintiff Zastrow and Defendants County
of
Yellowstone, ScottTwito and Kevin Gillen, the parties shall bear their own costs.As between Plaintiff Zastrow and Defendants Steve Bullock, LindaMcCulloch, James Murry, Defendants shall pay Plaintiff costs in the amount
of
$350.00. Plaintiff shall be responsible for his own attorney fees, and shall not be3 
Case 1:12-cv-00018-RFC Document 22 Filed 10/02/12 Page 3 of 4

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