Commissioner of Political Practices v. Bannan, 2015 MT 220 (Aug. 4, 2015) (Cotter, J.) (7-0, appeal dismissed)
Issue: Whether the Lewis & Clark County District Court had subject matter jurisdiction over the commissioner’s enforcement action against Bannan.
Short Answer: Yes, the district court had subject matter jurisdiction. The real issue on appeal is an issue of statutory interpretation, and this appeal is premature.
Facts: Terry Bannan was an unsuccessful candidate for the Montana Legislature in the 2010 primary. Commissioner Motl issued a decision in January 2014, concluding there was sufficient evidence to demonstrate Bannan had violated various campaign practices and finance law warranting civil adjudication.
The commissioner forwarded his decision to the Lewis and Clark county attorney for consideration of pursuing an action against Bannan.…