36.
Article
II,
Section
6 of Montana's Constitution
protects the right
to
"peaceably
assemble" and "petition for redress," which has been read to incorporate the freedom
of association, as has been done with its federal counterpart. See Dorn,203 Mont. at
14H5,661
P.2d at 430 (Article II, Section 6 and 7, Montana Constitution are the state
counterpart to the First Amendment); see also Valley Christian Sch. v. Mont. High
School Assoc.,2004 MT 41, 320 Mont. 81, 86 P.3d 554; Matter of C.H. (1984),210
Mont. 184, 683 P.2d 931.
of
37. Freedom
association protects the ability
of
organizations, like Organizational
Plaintiffs, to associate with members, organizers, volunteers, and Native American
communities in furtherance of a political belief.
38. Plaintiff CSKT and Plaintiff Fort Belknap also have the right to associate with their
members and Organizational Plaintiffs' organizers in furtherance of the same political
belief.
39. Organizational Plaintiffs', Plaintiff CSKT's, and Plaintiff Fort Belknap's rights and
ability
as
organizations, and for their individual members, to organize and to encourage,
the Native American vote nre not hampered by the ballot collection limitations imposed
by BIPA.
40. BIPA leaves unaffected most of the get-out-the-vote efforts described by Plaintiffs,
including poll watching, providing rides to the polls, canvassing neighborhoods,
providing information on voter rights, monitoring policy that impacts voting access,
and educating and engaging with voters through media buys, public events, and text
messages.
Tr. Trans. 59:19-$2:13 (Sept. 8, 2020),388:24-1 (Sept. 9, 2020); Mont.
Code Ann. $ 13-35-701 et seq.
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